The Laws of Texas, 1934-1935 [Volume 29] Page: 66 of 2,086
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56 GENERAL AND SPECIAL LAWS.
CODE OF FAIR PRACTICE FOR MILK INDUSTRY.
H. B. No. 88.] CHAPTER 19.
An Act declaring the policy of the Legislature to provide for the General
welfare by cooperation with the Federal Government in making effective
the provisions of the National Agricultural Adjustment Act and the
National Recovery Act within the State of Texas with reference to producers,
distributors and processors of milk and milk products; defining'
certain terms used in the bill; providing for application to the Commissioner
of Agriculture by groups engaged in the milk industry, in counties
having a population in excess of three hundred and fifty thousand (350,000)
according to the last preceding Federal Census, for the setting up of'
a code, codes or agreements; authorizing local Milk Industry Boards in
said counties after hearing to set up and promulgate a code, codes or
agreements for fair competition for the milk industry; authorizing said.
Board to impose such conditions as are necessary to make the codes
effective and to establish rules and regulations for their conduct; providing
penalties for violation of such codes; providing jurisdiction for District
Courts affecting the operation of the codes; directing County and
District Attorneys to bring actions to enforce this Act; providing for the
amending, modification or change of codes set up under this Act; providing
for the publication by said Board of codes; authorizing the said Board
to suspend or revoke certificates of authority; providing a penalty for
violation of the Act; providing a fee for the certificates of authority and
making provision for funds for the administration of this Act; making'
an appropriation of such funds for the enforcement of the Act; providing
that if any section or provision of the Act should be declared unconstitutional
such decision shall not affect other provisions or portions of this.
Act, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. It is hereby declared to be the policy of the
Legislature of Texas to provide for the general welfare in an
emergency hereby declared to exist by cooperating with the
Federal Government in making effective the provisions of the
National Agricultural Adjustment Act and the National Industrial
Recovery Act within this State with reference to producers
and distributors of milk and milk products to the end that,
disorganization of the dairy industry may be corrected and the
value of this specialized agricultural commodity stabilized, such
emergency being particularly acute in the larger centers of the
State; to set up a code of fair practice as hereinafter provided,
and to eliminate unfair competition and practices in the production
and distribution of milk and milk products.
SEC. 2. (a) The term "person" when used under this Act
shall mean any individual, firm, copartnership, or corporation.
(b) The term "producer" shall mean any person regularly
engaged in the production of fluid milk for sale.
(c) "Distributors" means any of the following persons engaged
in the business of handling fluid milk:
(1) Pasteurizers, bottlers or other processors of fluid milk..
(2) Persons distributing fluid milk at wholesale or retail:
to hotels, restaurants, stores or other establishments for consumption
on the premises; to stores or other establishments for
resale; or to consumers irrespective of whether any such per-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/66/: accessed April 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .