§157-35  Compensatory payment.  Whenever
any distributor or producer-distributor sells recombined or reconstituted milk
for fluid human consumption in a milk shed, the distributor or
producer-distributor shall pay the board a compensatory payment to be distributed
to all producers who supply milk to the distributor or producer-distributor.



In determining the compensatory payment, the
board shall hold a public hearing whenever it deems it necessary to establish
the loss of quota suffered by the producers from the sale of recombined or
reconstituted milk, the reasonable rate of return the producers would have
received if recombined or reconstituted milk were not sold to the public, and
the pro rata share each producer should receive from the compensatory fund. 
The board may, at the request of a distributor or producer-distributor or on
its own motion, suspend the operation of this section during periods when the
production of milk by producers is inadequate to meet consumer requirements. [L
1967, c 260, §24; HRS §157-35; ree and am L 1972, c 40, pt of §2]