Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 015 - MAINE MILK COMMISSION › Chapter 20 - PREVENTION OF DESTRUCTIVE COMPETITION › Section 015-20-I - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless the context indicates otherwise, the following terms
				  have the following meanings:
A.
				Commission. "Commission" means the Maine Milk Commission.
B. Cost of milk to a dealer. "Cost of milk to
				a dealer" means the dealer's raw product cost, plus any shrinkage allowance
				permitted by the Commission, to which shall be added the dealer's expenses
				directly and indirectly incurred in receiving, processing, packaging and
				delivering milk. Without limitation, these expenses shall include labor,
				including salaries and bonuses of executives and officers, rent, depreciation,
				selling costs, maintenance of equipment, utilities, delivery costs, interest,
				licenses, taxes, insurance, advertising, professional services and all other
				fixed and variable expenses.
C.
				Cost of milk to a retail store. "Cost of milk to a retail store" means the
				price paid by a retail store to a dealer for fluid milk, to which shall be
				added the retail store's expenses directly and indirectly incurred in shipping,
				handling and selling fluid milk. Without limitation, these expenses shall
				include labor, including salaries and bonuses of executives and officers, rent,
				depreciation, selling costs, maintenance of equipment, utilities, shipping
				costs, interest, licenses, taxes, insurance, advertising, professional services
				and all other fixed and variable expenses.
D. Dealer. "Dealer" means any person who
				purchases or receives milk for sale as the consignee or agent of a producer, or
				handles for sale, shipment, storage or processing within the State and shall
				include a producer-dealer and a subdealer, but shall not include a
				store.
E. Integrated operation.
				"Integrated operation" means a person who is a dealer and who also sells at
				retail the milk which it processes and/or delivers. However, such a person
				shall be considered a dealer and not an Integrated operation with respect to
				any sales or consignments of milk it makes to a retail store, and shall be
				considered a retail store and not an integrated operation with respect to any
				purchases of packaged milk it makes from a dealer.
F. Legal competition. "Legal competition"
				means a price which is not subject to a restraint or injunction issued by a
				court of competent jurisdiction and which is set or offered by a dealer or
				retail store with whom a dealer or retail store seeking to meet that price in
				fact directly competes.
G. Market.
				"Market" means any city, town or parts thereof or the State, or 2 or more of
				the same of parts thereof designated by the Commission as a natural marketing
				area.
H. Milk. "Milk" means whole
				milk and cream, fresh, sour or storage; nonfat (fat-free) milk, skimmed milk,
				lowfat milk and buttermilk; irrespective of whether or not any such milk is
				flavored.
I. Person. "Person"
				means any individual, partnership, firm, corporation, association or other unit
				and the State and all political subdivisions or agencies thereof, except state
				owned and operated institution.
J.
				Regulated product. "Regulated product" means milk for fluid consumption, the
				minimum wholesale or retail price of which was established by the Maine Milk
				Commission under 7 M.R.S.A., §2951
et seq
.
K. Retail Sale. "Retail Sale" means a
				doorstep delivery and over-the-counter sales by stores.
L. Retail Store. "Retail Store" means a
				grocery store, dairy product store, or any similar commercial establishment
				where milk is sold to consumers for consumption off the premises.
M. Store. "Store" means a grocery store,
				dairy product store, canteen, milk vending machine operator, milk dispensing
				operator or any similar commercial establishment or outlet or any other sale
				where milk is sold to consumers for consumption off the premises where
				sold.
N. Subdealer. "Subdealer"
				means any person who does not process milk and who purchases milk from a dealer
				and sells such milk in the same containers in which he purchased it, but shall
				not include a store.
O. Wholesale
				Sale. "Wholesale Sale" means sale to any other person not included in
				retail.