Montana Attorney General Opinion 17-98

Opinion No. 98. Milk Control Board-Retail Prices, Board May Fix When Sold by Stores. HELD: The board may fix mini- mum retail prices for milk when sold by stores to customers, except for consumption on the premises where sold. May 10. 1937. Mr. G. A. Norris Commissioner, Milk Control Board The Capitol Dear Mr. Norris: You have asked my opinion upon the question of whether a store selling fluid milk and cream over the counter to customers is required to abide by the minimum prices fIxed by the board. Section 2639.7, R. C. M. 1935. pro- vides: "* * * I. The board after making such investigations, may fix by official order: * * * "(b) The minimum wholesale or retail prices to be charged for milk handled within the state for fluid consumption and wheresoever pro- duced, when sold by milk dealers to consumers: by stores to consumers except for consumption on the prem- ises where sold: bv milk dealers to other milk dealers." It will be se~n. therefore. by express provision of the statute. that your question should be answered in the affirmative.