Upon proof being made, in any enforcement proceedings brought by the Secretary under the provisions of Chapter 1, Part 3, Division 21 of the Code, that there has been price discrimination by a distributor, the burden of establishing cost justification for any variations by the distributor in prices between customers, or of otherwise rebutting the prima facie case of price discrimination made by the Secretary, shall be upon such distributor.

Note: Authority cited: Sections 407 and 61341, Food and Agricultural Cod. Reference: Sections 61382 and 61384, Food and Agricultural Code.

History

1. New section filed 10-6-77; effective thirtieth day thereafter (Register 77, No. 41).

2. Amendment of Note filed 6-12-79; effective thirtieth day thereafter (Register 79, No. 24).

3. Amendment filed 9-1-83; effective thirtieth day thereafter (Register 83, No. 36).

4. Amendment filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).