Massachusetts General Laws
Chapter 94a - Milk Control
Section 12a - Payment Less Than Minimum Price; Recovery; Assignment of Claim

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

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 94a - Milk Control

Section 1 - Definitions

Section 2 - Powers and Duties of Commissioner

Section 3 - Enforcement of Chapter by Chief; Appeal; Hearing; Notice

Section 4 - Licensing of Milk Dealers; Exception; Licenses for Schools, Hospitals and Charitable Institutions

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 8 - Appeal by Applicant or Licensee of Decision of Commissioner; Jurisdiction of Superior Court

Section 9 - Annual License Fee

Section 10 - Prices, Terms and Conditions Relative to Milk; Investigations; Hearings; Matters Considered; Minimum Prices

Section 11 - Orders Fixing Minimum Prices to Producers and Consumers; Application of Orders; Rules and Regulations

Section 12 - Declaration of Existence of Emergency; Petition and Order Establishing Minimum Prices; Review; Notice

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 14a - Contracts for the Supplying of Milk for Use in Institutions Supported by Funds of the Commonwealth; Invitations to Bid and Bidding Procedures; Reports; Tests

Section 15 - Sale by Co-Operative Associations; Statement of Deductions

Section 16 - Examinations; Investigations; General or Special Hearings; Opportunity to Appear and Be Heard; Evidence

Section 17 - Time of Notice of Hearings, Orders, Rules and Regulations

Section 18 - Attendance and Testimony of Witnesses; Production of Books and Records; Administration of Oaths; Subpoenas; Excuse From Attendance; Witness Fees

Section 19 - Publication of Notice of Hearings, Orders, Rules and Regulations; Certification of Orders; Service of Subpoena; Service of Attested Copies

Section 21 - Review; Jurisdiction of Superior Court; Injunction; Declaratory Judgment

Section 22 - Penalties; Report of Violation; Investigation; Action; Injunction

Section 22a - Construction and Enforcement of Chapter; Acts or Omissions of Officers or Agents Acting for Principal

Section 23 - Agreements, Licenses, Rules, Regulations or Orders in Conflict With Federal Law

Section 24 - Uniform Milk Control; Co-Operation With United States and Other States; Enactment of Compact by Congress; Delegation Formed

Section 25 - Public Interest; Intention and Purpose of Statute

Section 26 - Partial Invalidity

Section 27 - Short Title