Pennsylvania Act 1947-428 — MILK COMPACT LAW

Act text

MILK COMPACT LAW
                 Act of Jun. 27, 1947, P.L. 1000, No. 428             Cl. 31
                                  AN ACT

     Relating to milk produced in the Commonwealth of Pennsylvania
        and delivered to plants, which are or may hereafter become
        approved by any health authority, as sources of milk for New
        York City and the counties of Westchester, Suffolk or Nassau
        in the State of New York; providing for a Milk Compact
        Commissioner; designating the chairman of the Milk Control
        Commission of the Commonwealth of Pennsylvania as such Milk
        Compact Commissioner; authorizing the Milk Compact
        Commissioner to enter into a compact or compacts with the
        legally constituted authorities of other states for the
        uniform regulation of the price to be paid producers for said
        milk, subject to such federal consent as may be authorized or
        required by law; Providing, That the Milk Compact
        Commissioner may become a member of an authority or
        commission created by such compact; authorizing uniform
        regulation of prices to be paid producers as may be provided
        in any such compact; Providing, That the Milk Compact
        Commissioner, in the event of his temporary physical
        inability to perform any of the duties imposed upon him,
        shall designate a deputy to act for him and in his behalf;
        Providing, That any such compact agreed upon by the several
        states, which shall become parties thereto, shall expressly
        provide that all milk delivered by producers under the terms
        and conditions of said compact, or the provisions of any
        price fixing or other order issued pursuant to the authority
        of such compact, and distributed as milk or cream in
        Pennsylvania shall be priced commensurately with the prices
        of milk produced in Pennsylvania, not covered by such compact
        or order, and re-delivered, re-sold or otherwise disposed of
        or marketed in any marketing area in the Commonwealth of
        Pennsylvania as such prices are fixed by the then existing
        rules, regulations and prices legally established in
        Pennsylvania for such area; providing for reports to be made
        upon request to the Governor of the Commonwealth; and
        providing for methods for the transmittal of such compact by
        the Governor of the Commonwealth of Pennsylvania to the
        Congress of the United States for Congressional consent as
        required by Article 1, Section 10, Clause 3, of the
        Constitution of the United States.
                                PREAMBLE.
        WHEREAS, The production, sale and distribution of milk, and
     certain milk products in this Commonwealth are attendant with
     serious conditions affecting milk producers, milk dealers, and
     consumers of milk, the following legislative findings of fact
     with respect thereto are hereby made:
        1.  Milk is the most necessary human food, vital for
     promotion of the public health and for development of strength
     and vigor in the race. It is a most fertile field for the growth
     of bacteria, and therefore its production and distribution have
     been surrounded by more costly sanitary requirements than those
     of any other commodity in this the third greatest milk producing
     and consuming state of the nation.
        2.  Milk consumers are not assured of a constant and
     sufficient supply of pure wholesome milk unless the high cost of
     maintaining sanitary conditions of production and standards of
     purity is returned to the producers of milk. If this is not done
     large numbers dispose of their herds or engage in milk strikes
     and other producers supply unhealthful milk, or milk of lower
     quality, because of financial inability to comply with sanitary
     requirements, and to keep vigilant against contaminations.
     Public health is menaced when milk dealers do not or cannot pay
     a price to producers commensurate with the cost of sanitary
     production, or when consumers are required to pay excessive
     prices for this necessity of life.
        3.  Approximately eight thousand milk producers residing in
     the Commonwealth of Pennsylvania, and many thousand producers
     resident in other northeastern states, including principally,
     Pennsylvania, New York, New Jersey and Vermont, ship milk to the
     New York City metropolitan market. Because of the interstate
     character of much of the milk entering this market, great
     difficulty has been experienced in stabilizing said market, and
     securing to the widely scattered producers prices adequate to
     insure a constant supply or pure and wholesome milk for the
     consumers. The problem in these states is a common one that
     cannot be effectively met by legislation enacted by them
     severally. Uniform regulation and control of all milk and cream
     entering the same market is essential to the production,
     delivery and sale of adequate, pure and wholesome milk and cream
     for the health and welfare of the consumer public residing in
     New York City, and the county of Westchester, Suffolk and Nassau
     in the State of New York, and because of the interstate
     character of much of this milk and cream, the required
     uniformity can be accomplished only through the joint action and
     agreement of the states affected in the nature of an interstate
     compact, made effective by the consent of the Congress of the
     United States as contemplated in Article 1, Section 10, Clause
     3, of the Constitution of the United States.
        WHEREAS, public control of the milk industry, especially as
     to prices paid to producers shipping both intrastate and
     interstate, should remain under control of law to the end that
     the prices received by producers shipping in interstate commerce
     shall be commensurate with the prices received by producers
     selling their milk intrastate.
        WHEREAS, it is necessary to preserve, promote and protect the
     public health and welfare and to prevent fraud and imposition
     upon consumers and producers by continuing to treat the
     production, transportation, manufacture, processing, storage,
     distribution and sale of milk as a business affecting the public
     health and affected with a public interest.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The chairman of the Milk Control Commission of
     the Commonwealth of Pennsylvania is hereby designated and
     appointed as Milk Compact Commissioner, and vested with
     authority to confer with legally constituted authorities of
     other states and of the United States with respect to uniform
     milk control, as applying to milk delivered to plants which are,
     or may hereafter become, approved by any health authority as
     sources of milk for New York City, and the counties of
     Westchester, Suffolk or Nassau in the State of New York. Said
     Milk Compact Commissioner is hereby authorized to confer and
     negotiate with, and to enter into an agreement or interstate
     compact with, such authorities of New York, New Jersey and
     Vermont and Massachusetts, if it chooses to join to provide for
     the uniform regulation of the price to be paid producers for
     such milk, subject to such federal consent as may be required by
     law. The Milk Compact Commissioner may if such compact shall so
     provide, become a member of any authority or commission created
     by such compact for the purpose of conducting investigations,
     securing information, holding hearings, fixing prices and
     issuing orders, rules and regulations.
        Section 2.  Any such compact as hereinbefore provided may
     include or provide the method and procedure for establishing by
     orders of any authority or commission created thereby, among
     other things, formula prices, equalization of producer prices,
     assessment of administrative expense against handlers, and
     compensation for services to producers. Such compact shall be
     applicable only to that milk which constitutes the regular and
     the necessary reserve supply for New York City, and the counties
     of Westchester, Suffolk and Nassau in the State of New York. Any
     such compact shall provide that in fixing prices for milk,
     consideration shall be given to all the elements of the cost of
     production, and other economic conditions which affect the
     market supply, and demand for milk and its products, and shall
     provide for the fixing of such prices as will reflect such
     factors, insure a sufficient supply of pure and wholesome milk
     and be in the public interest. Any such compact shall provide
     that any order issued thereunder shall fix a price of any milk
     covered by such order and distributed in Pennsylvania as fluid
     milk or cream, which shall be commensurate with the prices
     established by law on other milk produced in Pennsylvania, and
     distributed in the same market in Pennsylvania as milk or cream,
     and not covered by such compact order. Such compact shall also
     provide that any milk delivered by producers for resale or
     processing as milk or cream in the city of New York, or the
     counties of Westchester, Suffolk or Nassau in the State of New
     York, and diverted from those markets to any market in
     Pennsylvania, shall be priced at a price commensurate with the
     prices legally established by the authorized authorities of the
     Commonwealth of Pennsylvania for the area and market to which
     such milk or cream is so diverted and sold.
        Section 3.  The Milk Compact Commissioner in the event of his
     temporary physical inability to perform any of the duties
     imposed upon him by this act shall designate a deputy to act for
     him and in his behalf.
        Section 4.  The Milk Compact Commissioner shall make such
     reports to the Governor of the Commonwealth, relating to the
     duties performed hereunder, as shall from time to time be
     requested by the Governor.
        Section 5.  When, and if, an agreement and compact shall be
     agreed upon by and between the legally constituted authorities
     of the states of Pennsylvania, New York, New Jersey and Vermont
     and Massachusetts, if it chooses to join such compact, it shall
     be the duty of the Pennsylvania Milk Compact Commissioner,
     hereinbefore designated to transmit such agreement or compact to
     the Governor of this Commonwealth, and if the Governor shall
     determine that the same conforms to the intent, purpose and
     requirements of this act, he shall so certify and transmit, or
     may join with legally constituted authorities of the other
     states that are parties to such compact in transmitting the same
     to the Congress of the United States, requesting the consent of
     the Congress thereto, in conformity with the provisions of
     Article 1, Section 10, Clause 3 of the Constitution of the
     United States.
        Section 6.  This act shall become effective immediately upon
     its final enactment.