§ 2676 — Title to milk in tank truck; costs of hauling

[See effective date of amendment in note set out below.]
(a) When milk is sampled, measured, and transferred from a farm tank to a tank truck, the milk collector shall be deemed to be the agent of the buyer and title to the milk shall be deemed to pass to the buyer at the time of such transfer.
(b)(1) In this section, “hauling costs” means stop charges, hauling charges, fuel surcharges, and any other costs incurred to transport cows’ milk from a farm to the buyer.
(2) Notwithstanding subsection 2925(d) of this title, hauling costs shall be paid by the buyer and shall not be charged back to the selling producer, either directly or indirectly. No additional charges shall be made, and no costs may be shifted from other benefits the producer receives to contravene the purpose of this subsection. No funds shall be transferred away from the producer in paid producer differentials or premiums the producer would receive but for this subsection. (Added 1965, No. 175, § 35; amended 2009, No. 148 (Adj. Sess.), § 2.)