Section 143.12. Terms of payment

(a) Producers shall be paid not later than the 26th day of each month and the 17th day of the following month, as follows:

(1) Payment that covers the approximate value of milk or cream purchased from the first to the 15th of each month shall be made not later than the 26th day of each month. This payment need not be accompanied by an itemized statement. This payment shall be at least the lowest announced class price for the previous month for the number of pounds purchased or received during the first 15 days of the month.

(2) Final settlement for all milk and cream purchased during any month shall be made not later than the 17th day of the following month. The final settlement shall include any balances due for the first 15-day period and shall be accompanied by a statement to each producer setting forth the information required under § 143.14 (relating to monthly statement to producers).

(3) If payment for milk is made under a Federal milk marketing order, payment to producers, cooperatives and producer settlement funds shall be made under the Federal milk marketing order.

(4) If a date required for payment falls on a Saturday, Sunday or State or National holiday, the payment is due on the next day that the office of the Board is open for the public business.

(b) This section may not be interpreted as prohibiting a dealer from paying its producers on a weekly basis; however, when a dealer pays on this basis, it shall also provide its producers with a monthly statement as prescribed by § 143.14. All advance payments on the weekly basis shall be at least at the lowest announced class price for the previous month for the number of pounds purchased or received during the week in question. The final settlement shall include any balances due for the initial weeks during the month and shall be accompanied by a statement to each producer setting forth the information required under § 143.14.

The provisions of this § 143.12 amended October 17, 1980, effective October 18, 1980, 10 Pa.B. 4094; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4952; amended January 11, 2013, effective January 12, 2013, 43 Pa.B. 216. Immediately preceding text appears at serial pages (353964) to (353965).

Notation

Authority

The provisions of this § 143.12 amended under sections 307, 608 and 704 of the Milk Marketing Law (31 P. S. § § 700j-307, 700j-608 and 700j-704); and section 5 of the Milk Producers’ and Cooperative Security Funds Act (31 P. S. § 625.5) (Repealed).

Cross References

This section cited in 7 Pa. Code § 151.5 (relating to notice with respect to claims against the Milk Producers’ Security Fund).