100.201 Unfair trade practices in the dairy industry.

380 words·~2 min read·/wi/chapter-100/100-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. Unless context requires otherwise:

(a)“Broker” means any person engaged in negotiating sales or purchases of selected dairy products for or on behalf of a retailer or wholesaler or both.

1. “Retailer” means every person making any sale of selected dairy products at retail within this state unless otherwise excepted; provided, that in the case of a person making both sales at retail and sales at wholesale such term shall apply only to the retail portion of such sales. “Retailer” does not include the United States, the state, any municipality as defined in s. 345.05

(c), or any religious, charitable or educational organization or institution, but does include any other person engaged in the business of making retail sales wholly or in part for the person’s own profit at an institution operated by such an exempt party.

2. For the purpose of this section any subsidiary or affiliate corporation, limited liability company, cooperative, or unincorporated cooperative association, and any officer, director, partner, member or manager of a corporation, cooperative, unincorporated cooperative association, partnership or limited liability company which is a retailer of selected dairy products, and any individual, corporation, cooperative, unincorporated cooperative association, partnership, limited liability company, association or any other business unit which owns, controls or franchises any retailer or which has any retailer as an affiliate, member or subsidiary, is deemed to be a retailer of selected dairy products and the prohibitions of sub.

(2)shall also apply to any such person or business unit which sells any selected dairy product at wholesale.

1. “Selected dairy products” means:

a. Milk, skim milk, fortified milk, flavored milk, flavored skim milk, buttermilk, cream, sour cream, half and half, whipping cream, whipped cream and cottage cheese; and

b. Ice cream, ice milk, sherbet, custard, water ices, quiescently frozen ices and frozen dessert novelties manufactured from any such products.

2. The department may by rule, after hearing, designate as selected dairy products such other products derived in whole or in part from milk as it finds necessary to effectuate the purposes of this section.

3. In no event shall there be designated as selected dairy products any of the following:

a. Powdered dry milk or powdered dry cream.