act-1947-0-428•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.
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