Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 38 - Unfair Milk Sales Practices Act › Section 2 CSR 90-38.030 - Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: In order to implement the remedies afforded
				  the director by the Act and enable the director to obtain information necessary
				  for enforcement of the Act, it is necessary to give the director the means
				  necessary
to gain price and cost information from processors,
				  distributors and retailers of milk products. This rule is designed to enable
				  the director to acquire that information.
(1) Each processor, within thirty (30) days
				(January 9, 1976) of the effective date of these rules (December 10, 1975),
				shall provide the director with a list indicating the name and business address
				of each distributor of the milk products of the processor. Each person desiring
				to be licensed as a processor shall provide a list of distributors at the time
				application for a processor's license is made. Each processor shall notify the
				director, in writing, within forty-eight (48) hours of any addition to or
				deletion from the distributors handling the processor's milk
				products.
(2) Every processor,
				distributor and nonprocessing retailer of milk products shall make and retain
				for twenty-four (24) months records showing all prices charged or offered by
				him/her for milk products in this state. If different prices are charged or
				offered in different communities or to different customers, separate records
				shall be kept which indicate all such price differentials. Records of any
				discount schedules shall be maintained, the records to include the effective
				dates of those schedules, the amounts of any discounts allowed and the terms of
				eligibility for the documents.
(3)
				Each processor, distributor and nonprocessing retailer shall make and retain
				for twenty-four (24) months product cost information which enables the
				processor, distributor or nonprocessing retailer to determine the cost of any
				milk product by a reasonable rule, fairly allocating the price paid for raw
				materials and the cost of doing business among all products sold by the
				processor, distributor or nonprocessing retailer. Marginal cost analysis, that
				is, cost computation which allocates all overhead cost to some units of
				production and assigns only the actual cost of raw products, packaging and
				other marginal costs to subsequent units of production, is not acceptable under
				this rule.
(4) Each processor and
				distributor shall make and retain for twenty-four (24) months records of
				transportation and delivery costs to all customers. These costs, at the option
				of the processor or distributor, may either be averaged among all purchasers of
				milk products or they may be fairly prorated among different purchasers so as
				to reflect additional cost or cost savings attributable to distance of delivery
				or volume of delivery. Marginal cost analysis, that is, cost computation which
				allocates all transportation or delivery cost to existing customers and only
				marginal cost to additional customers, is not acceptable under this
				rule.
(5) The director of
				agriculture and agents shall be furnished, upon request in writing or in
				person, any record required to be kept in sections (2)-(4) of this rule.
(A) Every processor, distributor and retailer
				shall furnish, by the end of the next business day after receipt of a request,
				records of any requested prices and discounts schedules in effect at the time
				of the request. All retailers shall furnish, within one (1) business day after
				receipt of a request, records showing the price they pay for any milk product
				at the time of the request.
(B)
				Every processor, distributor and retailer shall furnish current cost
				information (other than the price paid by a retailer for milk products as
				provided in subsection (5)(A) of this rule) upon demand within seven (7) days
				of the date of request.
(C) All
				processors, distributors and retailers shall furnish, within seven (7) days of
				the date of request, price or cost information concerning any period less than
				thirty (30) days prior to the date of request.
(D) Any processor, distributor or retailer
				shall furnish, within fourteen (14) days after the date of the request, any
				price or cost information concerning a period more than thirty (30) days prior
				to the date the request was made.