P.R. Laws tit. 5, § 1104

2019-02-20 00:00:00+00
§ 1104. Orders to cease and desist, and correctives

(a) Upon finding, in the course of the procedure authorized in §§ 1092—1118 of this title, that a respondent has violated said sections or an administrative order or resolution, or a regulation approved thereunder, the Administrator may issue against the respondent an order to cease and desist, and may prescribe the corrective terms and conditions which, from the evidence at his disposal, he shall find are beneficial to the public interest.

The orders issued by the Administrator under this section may include, among others, any of the following terms or conditions, or parts thereof, and other similar ones with like corrective purpose, such terms and conditions being subject to the regulations prescribed in support of the enforcement of said orders:

(1) To prohibit the sale of milk to purchasers favored by discriminatory or unreasonable prices.

To this end, the Administrator is authorized to prohibit the sale or offer of reasonably equal quantities and grades of milk under similar conditions to different purchasers at unreasonably different prices.

Likewise, he is authorized to prohibit the sale or offer of milk of special qualities or grades or with an unaccustomed amount of service, or using unusual containers at prices without a reasonable margin of difference from prevailing costs between such sales or offers, and current sales.

(2) To enjoin the respondent from supplying or receiving or offering to supply or receive, directly or indirectly, in connection with a sale or purchase of milk or offer of sale or purchase of milk:

(A) Any rebate, discount, premium, gift, or other thing of value.

(B) An unreasonable service, or extension of credit, or an advertisement concession.

(C) Prohibiting charging a combined price for milk and other commodity, or a service which is or appears to be less than the total price of the milk and the price or value of such commodity or service, when sold or offered for sale separately.

(D) Prohibiting, otherwise, applying or trying to apply any method or plan directed to defeat the policy of this part, or to defeat or evade any provision of this part or of any order, finding or regulation issued thereunder.

(b) Nothing contained in §§ 1092—1118 of this title shall be construed to prevent a producer, processor, sterilizer or dealer to participate in any program sponsored or conducted by the Administrator, directed to supply milk at specially low prices to groups designated by the Administrator himself, for the purpose of increasing consumption. To this end, hearings may be held and the proper orders may be issued, which may affect one or more dealers, separately or concurrently. Said hearings may be held upon such notice as the emergency may reasonably permit.

(c) Orders issued hereunder shall be served on the respondent involved at his place of business or by registered mail to this last known address.

History —June, 11, 1957, No. 34, p. 67, § 13; July 20, 1979, No. 127, p. 306, § 6.