Section 12A. If any producer is paid by a milk dealer less than the minimum price for the sale or delivery of milk, as fixed by official order or orders of the commissioner, such producer may recover in a civil action against such milk dealer the full amount that would have been due him for such milk at the minimum price as so fixed, less the amount actually paid him for said milk, together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between such producer and such milk dealer to sell or deliver milk for less than such minimum price shall be no defence to such action. At the written request of any such producer paid less than the minimum price for such sale or delivery of milk to which such producer is entitled under the provisions of the official order or orders of the commissioner, the commissioner may take an assignment of such claim in trust for the assigning producer and may bring an action to collect such claim, and such milk dealer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall not be required to pay any entry fee in connection with any such court action.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Section 2 - Powers and Duties of Commissioner
Section 3 - Enforcement of Chapter by Chief; Appeal; Hearing; Notice
Section 5 - Application for License; Contents; Renewals; Display
Section 6 - Licenses; Renewals; Suspension; Revocation; Conditional Licenses; Hearing; Notice
Section 7 - Hearing; Delivery and Return of Revoked or Cancelled License
Section 9 - Annual License Fee
Section 12a - Payment Less Than Minimum Price; Recovery; Assignment of Claim
Section 13 - Entry on Premises for Inspection; Reports; Results of Inspection; Definitions
Section 14 - Purchase, Sale or Distribution of Milk Below Price Fixed or Below Cost; Rebates
Section 15 - Sale by Co-Operative Associations; Statement of Deductions
Section 17 - Time of Notice of Hearings, Orders, Rules and Regulations
Section 21 - Review; Jurisdiction of Superior Court; Injunction; Declaratory Judgment
Section 22 - Penalties; Report of Violation; Investigation; Action; Injunction
Section 23 - Agreements, Licenses, Rules, Regulations or Orders in Conflict With Federal Law
Section 25 - Public Interest; Intention and Purpose of Statute