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§ 1945. Records to Be Kept As to Price Variation to Meet Competition at a Particular Location.

3 CA ADC § 1945Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 3. Milk Stabilization and Marketing of Milk and Dairy Products
Subchapter 1. Unlawful Practices in Marketing Milk and Dairy Products
Article 5. Terms and Conditions, Price Differences and Meeting Competition
3 CCR § 1945
§ 1945. Records to Be Kept As to Price Variation to Meet Competition at a Particular Location.
(a) A distributor who in good faith meets, or has met, pursuant to the provisions of section 1944, a lawful competitive price, including conditions relating to milk and dairy products, shall retain in his files for the period during which the distributor meets such lawful competitive price, including conditions, and for a period of three years thereafter, information detailing the circumstances applicable to the distributor's meeting of the lawful competitive price, including conditions. Such record information shall include the lawful competitive price and conditions met, the effective date of such price and conditions, and such other information as may be required by the director to determine that the competitive price, including conditions met, represents current marketing practices.
(b) The meeting of competitive prices pursuant to section 1944 and this section shall be subject to the record keeping requirements of section 61441 and 61442 of the Code.
(c) All meeting of competitive prices by a distributor pursuant to section 1944 shall be subject to review by the Secretary at any time in order that the Secretary may verify that such exceptions are current lawful competitive prices and conditions.
(d) Not less often than once every six (6) months, the distributor shall review his records as to meeting competition under the provisions of section 1944, in order to verify that such records, and the prices and conditions therein, are current lawful competitive prices and conditions. If such review discloses that the competitive prices and conditions no longer exist, the distributor shall bring such prices into conformity with his current lawful price.

Credits

Note: Authority cited: Sections 407 and 61341, Food and Agricultural Code. Reference: Sections 61384, 61441 and 61442, Food and Agricultural Code.
History
1. New section filed 10-6-77; effective thirtieth day thereafter (Register 77, No. 41).
2. Amendment of Note filed 6-12-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Repealer and new section filed 5-15-80; effective thirtieth day thereafter (Register 80, No. 20).
4. Amendment of subsections (b) and (d) filed 9-1-83; effective thirtieth day thereafter (Register 83, No. 36).
5. Renumbering and amendment of former section 1944 to section 1945 filed 9-12-84; designated effective 11-1-84 (Register 84, No. 37).
6. Change without regulatory effect amending subsection (a) filed 8-16-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 44).
7. Amendment of subsection (c) and Note filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1945, 3 CA ADC § 1945
End of Document