HARRISBURG, Pa. — Today the Pennsylvania Milk Marketing Board emphasized to dairy farmers and milk haulers the critical importance of returning to ASK LLP, as soon as possible, ordinary course of business declarations. The declarations and explanation are available on the Board’s website at https://www.mmb.pa.gov/Consumer/Pages/default.aspx. The Board developed the declarations, in consultation with the Pennsylvania Attorney General’s office and ASK, to respond to avoidance claim settlement offers farmers and haulers received from ASK as part of the Dean Foods bankruptcy.
Milk dealers, milk subdealers, and others involved in Pennsylvania’s dairy industry also received avoidance claim settlement offers. Because of the highly regulated nature of dairy farmer and related milk hauler payments, it was possible to develop the declarations for farmers and haulers to respond to ASK. Other transactions involving Dean-related entities are not regulated by the federal or state government, so similar declarations for dealers, subdealers, and others cannot be developed. Anyone other than a farmer or hauler who received an avoidance claim settlement offer should contact an attorney as soon as possible to determine how to respond to the demand.
Secretary Carol Hardbarger stated that the Board staff continue to receive calls and emails from concerned farmers and others and, “We reinforce to everyone the critical nature of completing and returning the declarations to ASK. We also are suggesting that individuals contact their own attorneys if they remain unsure of the process as we have described it.”
The information provided is not legal advice and is not a substitute for obtaining legal advice from a licensed attorney.
–Doug Eberly, Pennsylvania Milk Marketing Board