reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.984 - Meeting competition defense

Current through June 24, 2024
(1) GENERAL. In any
				  proceeding against a dairy plant operator, in which the operator is alleged to
				  have discriminated between producers or pay classes in violation of s.
				  ATCP
				  100.981, it is a defense for the operator to prove
				  that the operator discriminated between those producers or pay classes in good
				  faith in order to meet competition.
(2) PROOF REQUIRED. No dairy plant operator
				  may claim the meeting competition defense under sub. (1) unless the operator
				  proves all of the following, based on documentary evidence which the operator
				  possessed and relied upon when the operator engaged in the alleged
				  discrimination:
(a) The operator offered the
				  discriminatory milk price or non-price consideration in response to a
				  competitor's prior offer to producers in the operator's procurement
				  area.
(b) The competitor's prior
				  offer under par.
(a) was still in effect when
				  the operator offered the discriminatory milk price or non-price
				  consideration.
(c) The operator's
				  discriminatory milk price or non-price consideration was similar in kind to the
				  competitor's prior offer under par.
(a), and
				  did not exceed the competitor's offer.
(d) The operator offered the discriminatory
				  milk price or non-price consideration only in that part of the operator's
				  procurement area which overlapped the competitor's procurement area, or only to
				  those producers who received the competitor's prior offer under par. (a).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.985 - Demanding justification

Current through June 24, 2024
(1) The department
				  may, by written notice, require a dairy plant operator to file with the
				  department the documentation which that operator relies upon to justify, under
				  s.
				  ATCP 100.982,
				  100.983 or
				  100.984, a payment or offer which
				  appears to discriminate between producers or pay classes in violation of s.
				  ATCP
				  100.981.
(2) A dairy plant operator shall file
				  documentation in response to the department's demand under sub. (1) within 14
				  days after the operator receives that demand, or by a later date which the
				  department specifies in its demand. The department may extend the filing
				  deadline for good cause shown.
See ss.
						93.15
						and
						93.21(4),
						Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.986 - Failure to justify discrimination; notice

Current through June 24, 2024
(1) DEPARTMENT
				  NOTICE TO ALLEGED VIOLATOR. If the department finds that a dairy plant
				  operator's documentation under s.
				  ATCP
				  100.985 fails to justify a discrimination in milk
				  price or non-price consideration, the department may give the dairy plant
				  operator written notice of that finding.
(2) PUBLIC INSPECTION. A notice under sub.
				  (1) is open to public inspection under subch. II of ch. 19, Stats.
(3) NOT A PREREQUISITE FOR ENFORCEMENT. A
				  notice under sub. (1) is not a prerequisite for an action to enforce this
				  chapter or s.
				  100.22,
				  Stats., nor is it a prerequisite for a private action under s.
				  100.20(5),
				  Stats.
(4) NOTICE DOES NOT PROVE
				  VIOLATION. A notice under sub. (1) does not prove that a dairy plant operator
				  violated this chapter or s.
				  100.22,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.987 - Injury to producer

Current through June 24, 2024
In a proceeding against a dairy plant operator under s.
					 93.06(7) or
					 (8),
					 100.20(5)
					 or (6),
					 100.22(4)
					 or (5), or
					 100.26(3) or
					 (6), Stats., proof that a complaining
					 producer received a lower milk price or non-price consideration than another
					 producer shipping milk to the same dairy plant during the same pay period is
					 presumptive evidence of injury to that producer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.01 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Abandoned acreage" means vegetable
				  acreage, grown under a vegetable procurement contract, which the contractor
				  declares to be abandoned under s.
				  ATCP
				  101.04.
(2) "Contractor" means a person who buys or
				  offers to buy vegetables in this state from a producer, or who contracts or
				  offers to contract with a producer to grow vegetables in this state, regardless
				  of whether the contractor is located in this state or is engaged in food
				  processing. "Contractor" does not include any of the following:
(a) A person who procures vegetables
				  primarily for unprocessed fresh market use and is licensed under the federal
				  perishable agricultural commodities act, 7 USC 499.
(b) A restaurant or retail food establishment
				  that procures vegetables solely for retail sale at the restaurant or retail
				  food establishment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.02 - Vegetable procurement contracts

Current through June 24, 2024
(1) CONTRACT IN
				  WRITING; COPY TO PRODUCER. Every vegetable procurement contract shall be in
				  writing, and shall include the name, address and telephone number of the
				  contractor. The contractor shall provide a copy of the signed contract to the
				  producer after the producer signs the contract.
(2) PRODUCER'S RIGHT TO CANCEL. A producer
				  may cancel a vegetable procurement contract by mailing a written cancellation
				  notice to the contractor within 72 hours after the producer receives a copy of
				  the signed contract, or before a later cancellation deadline if a later
				  deadline is specified in the contract. The producer's right to cancel, the
				  method by which the producer may cancel, and the deadline for canceling the
				  contract shall be clearly disclosed in every vegetable procurement
				  contract.
(3) CLEAR DISCLOSURE OF
				  TERMS.
(a) Every vegetable procurement
				  contract shall clearly and conspicuously disclose both of the following:
1. The amount which the contractor agrees to
				  pay the producer for suitable acreage, including unharvested suitable acreage
				  under s.
				  ATCP
				  101.03.
2.
				  The amount, if any, which the contractor agrees to pay the producer for
				  abandoned acreage under s.
				  ATCP 101.04. If
				  the contractor offers no payment for abandoned acreage, that fact shall be
				  clearly disclosed in the contract.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.03 - Unharvested suitable acreage

Current through June 24, 2024
(1) FULL PAYMENT
				  REQUIRED.
(a)
General.
If a
				  contractor declines to harvest or accept delivery of suitable acreage grown
				  under a vegetable procurement contract, the contractor shall pay the producer
				  the full contract amount for the suitable acreage, as if the acreage had been
				  harvested or accepted on a timely basis.
(b)
Suitable acreage left unharvested
				  because of adverse field conditions.
If, because of adverse field
				  conditions during the scheduled harvest period, a contractor is not able to
				  harvest acreage which is otherwise suitable, the contractor shall pay for the
				  unharvested acreage as suitable acreage under this section.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.04 - Abandoned acreage

Current through June 24, 2024
(1) DECLARATION THAT ACREAGE IS ABANDONED.
				  For payment purposes under s.
				  ATCP
				  101.03, contracted vegetable acreage is considered
				  suitable unless the contractor declares that the acreage is abandoned under
				  this section. A contractor may declare that acreage is abandoned if any of the
				  following apply:
(a) The vegetable crop is
				  destroyed, or rendered clearly unsuitable for processing, by drought, flood,
				  wind, hail, frost or other natural peril.
(b) The crop yield or grade, determined
				  according to the procedure specified for unharvested suitable acreage under s.
				  ATCP
				  101.03(4), fails to meet the
				  contractor's reasonable minimum standard for harvest as specified in the
				  vegetable procurement contract.
(c)
				  The crop is not suitable for processing because it contains illegal pesticide
				  residues, or pesticide residues which exceed limits specified in the vegetable
				  procurement contract.
Note: Pesticide residues are illegal if, for example, they
					 exceed legal tolerances on the vegetable crop, or if they resulted from the use
					 of a pesticide which is not registered or labeled for use on that vegetable
					 crop.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.05 - Unharvested acreage pool

Current through June 24, 2024
A contractor may establish an unharvested acreage pool
					 under this section. The unharvested acreage pool shall comply with all of the
					 following requirements:
(1) TERMS
				  SPECIFIED IN CONTRACT. In each vegetable procurement contract with a pool
				  participant, the contractor shall clearly specify the terms and conditions of
				  the pool, including terms related to producer contributions, contractor
				  contributions, and the use of pool funds. The same terms and conditions shall
				  apply to every producer who participates in the pool.
(2) POOL COVERAGE. Pool funds may be used
				  only to pay for vegetable acreage contracted with pool participants. No pool
				  may apply to more than one contract year. If a pool applies to more than one
				  vegetable crop, the vegetable procurement contract shall clearly identify the
				  crops included in the pool.
(3)
				  PRODUCERS AND ACREAGE ASSIGNED TO POOL.
(a)
				  Pool participants and pool acreage shall be assigned to a specific pool when
				  those participants sign vegetable procurement contracts for that acreage. Pool
				  participants and pool acreage, once assigned to a pool, may not be reassigned
				  to a different pool.
(b) If any
				  pool participants are located outside this state, the vegetable procurement
				  contract shall identify all of the states in which pool participants are
				  located.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.06 - Prohibited contract provisions

Current through June 24, 2024
No vegetable procurement contract may do any of the
					 following:
(1) Require any producer to
				  purchase seed, pesticide applications, harvest services, hauling services, or
				  other supplies or services from the contractor if the charges for the supplies
				  or services exceed the reasonable market value of those supplies or
				  services.
(2) Relieve, or purport
				  to relieve a contractor from liability for property damage or personal injury
				  caused by the negligent acts or omissions of the contractor.
(3) Impose, or purport to impose liability on
				  a producer for personal injury or property damage caused by the
				  contractor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter I - Vegetable Procurement Practices › Section ATCP 101.07 - Prohibited practices

Current through June 24, 2024
No contractor may do any of the following:
(1) Fail to pay a producer according to the
				  terms of a vegetable procurement contract.
(2) Knowingly misrepresent the terms of a
				  vegetable procurement contract, the procedures used under the contract, or the
				  services provided by the contractor under the contract, in order to induce a
				  producer to sign a vegetable procurement contract.
(3) Conspire with other contractors to fix
				  prices or restrain trade in the procurement of vegetables from
				  producers.
(4) Fail or refuse to
				  offer a vegetable procurement contract to a producer because the producer has
				  done any of the following:
(a) Filed a
				  complaint with the contractor or a government agency.
(b) Requested arbitration of a contract
				  dispute.
(c) Filed suit alleging a
				  violation of this chapter or ch. ATCP 155.
(d) Joined an association of producers,
				  advised or attempted to organize producers, or participated in any discussion,
				  meeting or action related to vegetable procurement or vegetable industry
				  issues.
(e) Negotiated or attempted
				  to enforce the terms of any vegetable procurement contract, or represented
				  producer interests in any matter related to vegetable procurement or vegetable
				  industry issues.
(f) Sought
				  government action related to vegetable procurement, or testified or
				  participated in any way in the development or implementation of laws related to
				  vegetable procurement or vegetable industry issues.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.20 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Affiliate" has the meaning given in s.
				  126.01(1),
				  Stats. "Affiliate" includes a person who has significant control or influence
				  over the business entity.
(2)
				  "Audited financial statement" has the meaning given in s.
				  126.01(3),
				  Stats.
(2m) "Contingent financial
				  backing amount" means the amount of contingent financial backing, if any, which
				  the department holds under s.
				  126.06,
				  Stats.
(3) "Contributing vegetable
				  contractor" has the meaning given in s.
				  126.55(4),
				  Stats.
(3m) "Estimated default
				  exposure" has the meaning given in s.
				  126.61(1)
				  (b) 1, Stats.
(3r) "Maximum fund reimbursement" means the
				  deductible amount specified in s.
				  126.72(3),
				  Stats.
(4) "Producer agent" has the
				  meaning given in s.
				  126.55(12),
				  Stats.
(5) "Reviewed financial
				  statement" has the meaning given in s.
				  126.01(20),
				  Stats.
(6) "Vegetable contractor"
				  has the meaning given in s.
				  126.55(14),
				  Stats.
(7) "Vegetable procurement
				  contract" has the meaning given in s.
				  126.55(15),
				  Stats.
(8) "Vegetable producer" has
				  the meaning given in s.
				  126.55(16),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.23 - Vegetable contractor license fees

Current through June 24, 2024
A person applying for an annual vegetable contractor
					 license under s.
					 126.56,
					 Stats., shall pay all of the following license fees and surcharges, rather than
					 the license fees and surcharges provided in s.
					 126.56(4),
					 Stats.:
(1) A nonrefundable license
				  processing fee of $25.
(2) A fee of
				  $25 plus 8.75 cents for each $100 in contract obligations reported under s.
				  126.56(9)
				  (a), Stats., less any fee credits for which
				  the vegetable contractor qualifies under s.
				  126.56(6),
				  Stats. This subsection does not apply to a processing potato buyer that has
				  elected under s.
				  126.595(1),
				  Stats., not to participate in the fund.
(3) For a processing potato buyer that has
				  elected under s.
				  126.595(1),
				  Stats., not to participate in the fund, a fee equal to the lesser of the
				  following amounts:
(a) $25 plus 8.75 cents
				  for each $100 in contract obligations reported under s.
				  126.56(9)
				  (a), Stats.
(b) $2,000.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.24 - Financial statement

Current through June 24, 2024
(1) GENERAL. A vegetable contractor's
				  financial statement, filed under s.
				  126.58,
				  Stats., shall comply with this section and s.
				  126.58,
				  Stats.
(2) LIABILITY DISCLOSURES. A
				  financial statement shall include a detailed description of all notes,
				  mortgages and other long-term liabilities not due or payable within one year.
				  The description shall be included in the financial statement notes or as an
				  attachment to the financial statement. The description shall indicate the
				  nature of the liabilities, the due dates and the payment terms.
(3) LIABILITY CLASSIFICATION. A financial
				  statement shall classify, as current liabilities, notes payable that do not
				  have specific due dates.
(4) ASSET
				  DISCLOSURES.
(a) A financial statement shall
				  specifically identify and explain, in the financial statement notes or as an
				  attachment to the financial statement, the following assets:
1. Every non-trade note or account receivable
				  from an officer, director, employee, partner, or stockholder, or from a member
				  of the family of any of those individuals.
2. Every note or account receivable from a
				  parent organization, a subsidiary, or an affiliate, other than an employee.
Note: "Affiliate" as defined in s.
					 ATCP
					 101.20(1) means a person who has
					 significant control or influence. Significant control or influence is a phrase
					 used under generally accepted accounting principals to describe a related party
					 that has sufficient ownership interest to influence the operating and financial
					 policies of an entity.
3.
				  Every note or account that has been receivable for more than one year, unless
				  the vegetable contractor has established an offsetting reserve for
				  uncollectible notes and accounts receivable.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.245 - Vegetable contractor fund assessments

Current through June 24, 2024
(1) GENERAL. A
				  contributing vegetable contractor shall pay an annual fund assessment for each
				  license year. The annual fund assessment shall be calculated under this
				  section, rather than under s.
				  126.60(1),
				  Stats. Except as provided in subs. (3) and (4), the annual fund assessment
				  shall be calculated according to sub. (2).
(2) ASSESSMENT AMOUNT.
(a) A contributing vegetable contractor that
				  reports less than $500,000 in contract obligations under s.
				  126.56(9)
				  (am), Stats., shall pay a fund assessment
				  equal to the greater of the following amounts:
1. $100.
2. The sum of the amounts calculated under s.
				  126.60(1)
				  (a) and (b), Stats. If all of the contract
				  obligations reported by the vegetable contractor under s.
				  126.56(9)
				  (am), Stats., were made under written
				  contracts where payments were required no more than 30 days after taking
				  custody or control of the vegetables, then further divide this amount by
				  2.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.25 - Fund assessment temporarily affected by merger or acquisition; partial refund

Current through June 24, 2024
(1) PARTIAL REFUND OF ASSESSMENT. The
				  department may refund part of an annual fund assessment paid by a contributing
				  vegetable contractor under s.
				  126.60,
				  Stats., if all of the following apply:
(a)
				  The contractor paid the full amount of the assessment, including any late
				  payment penalties that apply under s.
				  126.60(6)
				  (d), Stats.
(b) The contractor is the surviving entity in
				  a merger under s.
				  179.77,
				  180.1101,
				  183.1201 or
				  185.61,
				  Stats., or has acquired property pursuant to a sale of assets under s.
				  180.1202,
				  Stats.
(c) The assessment was based
				  on the contractor's financial statement for the fiscal year in which the merger
				  or acquisition under par. (b) took effect.
(d) The contractor's financial statement, for
				  the fiscal year in which the merger or acquisition under par. (b) took effect,
				  caused the sum of the contractor's current ratio assessment rate under s.
				  126.60(2),
				  Stats., and debt to equity ratio assessment rate under s.
				  126.60(4),
				  Stats., to increase by at least 100% compared to the preceding license
				  year.
(e) The contractor's annual
				  financial statements, for the fiscal years immediately preceding and
				  immediately following the fiscal year in which the merger or acquisition under
				  par. (b) took effect, show positive equity, a current ratio of at least 1.25 to
				  1.00 and a debt to equity ratio of no more than 3.0 to 1.0.
(f) In the license year immediately following
				  the license year for which the contractor paid the assessment, the sum of the
				  contractor's current ratio assessment rate under s.
				  126.60(2),
				  Stats., and debt to equity assessment rate under s.
				  126.60(4),
				  Stats., declines by at least 50% compared to the license year for which the
				  contractor paid the assessment.
(g)
				  The contractor requests the refund in writing, by February 1 of the
				  contractor's next license year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.255 - Reduced fund assessment for contributing vegetable contractors who also maintain security

Current through June 24, 2024
(1) VOLUNTARY SECURITY. A licensed vegetable
				  contractor may at any time file security with the department, regardless of
				  whether the vegetable contractor is required to file security. Except as
				  provided in sub. (2), a voluntary security filing under this subsection does
				  not relieve a vegetable contractor of any other obligation to file security or
				  pay fund assessments.
Note: A vegetable contractor who files voluntary security
					 under sub.
(1) may be eligible for a
				  reduction in fund assessments under sub. (2), and may be able to make a more
				  favorable disclosure to producers under s.
				  ATCP
				  101.26(2).
(2) REDUCED ASSESSMENT. If, for the duration
				  of a license year, a contributing vegetable contractor maintains security under
				  sub. (1) in an amount that is at least equal to the vegetable contractor's
				  estimated default exposure less the maximum fund reimbursement amount, the
				  vegetable contractor's annual fund assessment under s.
				  126.60,
				  Stats., for that year is reduced by an amount that is determined as follows:
(a) Subtract the maximum fund reimbursement
				  from the vegetable contractor's estimated default exposure.
(b) Divide the result in par. (a) by the
				  vegetable contractor's estimated default exposure.
(c) Multiply the result in par. (b) by the
				  amount of the vegetable contractor's annual fund assessment under s.
				  126.60(1),
				  Stats., disregarding any assessment reduction under s.
				  126.60(5m),
				  Stats.
(d) Subtract, from the
				  result in par. (c), the amount of any assessment reduction given under s.
				  126.60(5m),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter I - Fermented Malt Beverages › Section ATCP 102.01 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Brewer" means a person, firm or
				  corporation engaged in the sale of beer to wholesalers licensed to sell beer to
				  retailers under the provisions of s.
				  125.28,
				  Stats.
(2) "Wholesaler" means a
				  person, firm, or corporation engaged in the sale of fermented malt beverages
				  for resale.
(3) "Fermented malt
				  beverages" means any liquor or liquid capable of being used for beverage
				  purposes, made by the alcoholic fermentation of an infusion in potable water of
				  barley malt and hops, with or without unmalted grains or decorticated and
				  degerminated grains or sugar containing one-half of one percent or more of
				  alcohol by volume.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter I - Fermented Malt Beverages › Section ATCP 102.02 - Prohibited trade practices

Current through June 24, 2024
(1) No brewer shall
				  discriminate in price, allowance, rebate, refund, commission or discount
				  between wholesalers purchasing fermented malt beverages of like kind or quality
				  where the effect of such discrimination may be substantially to lessen
				  competition or tend to create a monopoly, or to injure, destroy or prevent
				  competition by a person who is or in good faith intends to become a competitor,
				  in the wholesaling of fermented malt beverages, unless such discrimination is:
(a) Merely commensurate with a difference in
				  the cost of manufacture, sale, or delivery resulting from differing methods or
				  quantities of sale or delivery, or
(b) Made in good faith to meet or enable a
				  wholesaler to meet the price or other terms of a competitor of either of
				  them.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter I - Fermented Malt Beverages › Section ATCP 102.03 - Report requirements

Current through June 24, 2024
In any investigation under this chapter a brewer or
					 wholesaler upon request of the department shall furnish to it price lists and
					 such other information as directed concerning the terms of any agreement,
					 transaction, or offer which may be the subject of any prohibition under this
					 chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter II - Soda Water Beverages › Section ATCP 102.11 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Soda water beverage" means all beverages
				  commonly known as soft drinks, including soda water, carbonated or uncarbonated
				  or sweetened or flavored, and bases, fountain syrups, concentrates and powders
				  intended to be reconstituted by wholesalers or retailers to produce soft
				  drinks. It does not include strong spiritous, vinous, malt, ardent or
				  intoxicating liquors.
(2)
(a) "Retailer" means every person making
				  sales of soda water beverages for consumption or use other than resale or
				  further processing or manufacturing. In the case of a person making both sales
				  at wholesale and retail, such term shall apply to only the retail portion of
				  such sales. "Retailer" does not include the United States, the state, any
				  municipality as defined in s.
				  345.05(1)
				  (c), Stats., or any agency thereof, 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 profit at an institution or facility operated by such an exempt
				  party.
(b) Any subsidiary or
				  affiliate corporation, cooperative, partnership or association, and any
				  officer, director or partner of a corporation, cooperative, partnership,
				  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 soda water beverages.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter II - Soda Water Beverages › Section ATCP 102.13 - Prohibited acts of retailers

Current through June 24, 2024
No retailer or any officer, director, employee or agent
					 thereof shall solicit or receive, directly or indirectly, from or through a
					 wholesaler, broker, or another retailer, anything which is prohibited by s.
					 ATCP
					 102.12, where it is known, or in the exercise of
					 reasonable prudence should be known that it is prohibited.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter II - Soda Water Beverages › Section ATCP 102.14 - Prohibited acts of brokers

Current through June 24, 2024
(1) No broker, or
				  any officer or agent thereof, shall participate, directly or indirectly, in any
				  trade practice prohibited by s.
				  ATCP
				  102.12.
(2) No wholesaler shall engage or offer to
				  engage in any trade practice prohibited by s.
				  ATCP
				  102.12, directly or indirectly, through a
				  broker.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter II - Soda Water Beverages › Section ATCP 102.15 - Exceptions

Current through June 24, 2024
(1) Nothing in s.
				  ATCP 102.12(1) and
				  (3) shall apply to the sale or offering for
				  sale of soda water beverages:
(a) At a price
				  different from that charged other customers, if such price differential merely
				  allows for differences in the cost of manufacture, sale or delivery resulting
				  from the differing methods or quantities in which such soda water beverages are
				  sold or delivered, or if made in good faith to meet an equally low price of a
				  competitor, or the terms or conditions under which they are sold by a
				  competitor.
(b) With differences in
				  services or facilities under s.
				  ATCP
				  102.12(3), if made in good faith to
				  meet services or facilities, or any compensation therefor, furnished by a
				  competitor.
(c) Which are
				  imperfect, damaged, subject to immediate loss because of obsolescence or
				  perishability, or discontinuance from sale.
(d) In the final liquidation of a soda water
				  beverage business.
(e) To customers
				  other than retailers or wholesalers as defined in s.
				  ATCP 102.12(2) or
				  (3).
(f) Under the order or direction of any
				  court.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter II - Soda Water Beverages › Section ATCP 102.16 - Reporting requirements

Current through June 24, 2024
(1) In any investigation under this chapter,
				  any wholesaler shall on request of the department furnish to it price lists,
				  accounting records and data used in determining cost, and such other
				  information as requested concerning the terms or conditions of any agreement,
				  transaction, or offer related to the sale of soda water beverages.
(2) Cost data shall to the extent permitted
				  by law be accorded confidentiality by the department and not opened to the
				  public inspection without 10 days prior notice to the wholesaler
				  concerned.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter III - Motor Fuel › Section ATCP 102.21 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Retailer" has the meaning given in s.
				  100.30(2)
				  (e), Stats.
(3) "Motor fuel" includes motor fuels and
				  special fuels as defined in ch. 78, Stats.
(4) "Person" means any individual, sole
				  proprietorship, partnership, corporation or other business entity or any
				  individual acting on behalf of any individual, sole proprietorship,
				  partnership, corporation or other business entity.
(5) "Sell at retail" has the meaning given in
				  s.
				  100.30(2)
				  (h), Stats.
(6) "Sell at wholesale" has the meaning given
				  in s.
				  100.30(2)
				  (i), Stats.
(7) "Supplier" means a person who
				  manufactures motor fuels or who is a controlled subsidiary of one who
				  manufactures motor fuels and is engaged in the business of selling motor fuels
				  to wholesalers, retailers or consumers.
(8) "Wholesaler of motor fuel" has the
				  meaning given in s.
				  100.30(2)
				  (m), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter III - Motor Fuel › Section ATCP 102.22 - Discrimination

Current through June 24, 2024
(1) No supplier or wholesaler of motor fuel
				  shall enter into any agreement or arrangement whereby directly or indirectly
				  discrimination is made in the price at which said supplier or wholesaler sells
				  motor fuel to wholesalers or retailers thereof, where the effect of such
				  discrimination may be to substantially lessen competition or to tend to create
				  a monopoly, or to injure, destroy or prevent competition with any person in the
				  marketing of motor fuel in the community in which said supplier or wholesaler
				  is thus selling at a lower price; provided, that it shall be a justification
				  for such a discrimination in price if the difference, made by said supplier or
				  wholesaler in the price to the wholesaler or retailer to whom said supplier or
				  wholesaler sells at a lower figure, is merely commensurate with an actual
				  difference in the quality or quantity of motor fuel sold to said wholesaler or
				  retailer or in the transportation charges or other expenses of marketing
				  involved in the sale to said wholesaler or retailer. Nothing herein contained
				  shall prevent a seller from showing that the lower price was made in good faith
				  to meet an equally low price of a competitor.
(2) No person any part of whose business is
				  the sale of motor fuel to wholesalers shall sell motor fuel for ultimate
				  consumption or use at a price lower than that at which he or she sells to such
				  wholesaler unless such lower price is justified as provided in sub. (1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter III - Motor Fuel › Section ATCP 102.23 - Coercion

Current through June 24, 2024
No supplier or wholesaler shall threaten any of his or her
					 customers with any price discrimination or use any form of coercion with the
					 purpose or effect of changing or maintaining resale prices of such
					 customer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.02 - General requirements

Current through June 24, 2024
(1) WHOLESALER TO PUBLISH PRICE LIST FOR
				SELECTED DAIRY PRODUCTS. Every wholesaler of selected dairy products shall
				publish a price list for those products as required by s.
				100.201(2)
				(a)1, Stats. The price list shall include all
				of the information required under s.
				100.201(2)
				(a)1, Stats. Prices shall be specified for
				each standard category of delivery service identified under this chapter,
				including full service delivery, drop delivery, modified drop delivery, dock
				sale and warehouse delivery. Any deviations from these standard categories of
				delivery service shall be fully described in the price list.
(2) DEVIATION FROM PUBLISHED PRICE; MEETING
				COMPETITION; DOCUMENTATION REQUIRED.
(a)
				Except as provided under par. (b), no wholesaler may sell a selected dairy
				product at a price which differs from the price stated in the wholesaler's
				published price list. A price differs from the wholesaler's published price if
				the wholesaler provides any discount or rebate, or any increase in delivery
				service, which is not published in connection with the wholesaler's published
				price.
(b) A wholesaler may sell a
				selected dairy product at a price which differs from the wholesaler's published
				price if all of the following apply:
1. The
				wholesaler offers the unpublished price to meet a competitor's bona fide price
				offer.
2. The wholesaler makes a
				written record, before selling at the unpublished price, of the competitive
				offer which the unpublished price is intended to meet. The record shall include
				the date of the competitive offer, the terms of the competitive offer, the
				actual or prospective purchaser to whom the competitive offer was made, and the
				name of the competitor who made the offer. A wholesaler's record of a
				competitive offer shall be made available to the department for inspection and
				copying upon request.
3. The
				wholesaler offers the unpublished price for not longer than 180 days after the
				last competitive offer documented by the wholesaler under subd. 2.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.03 - Cost included

Current through June 24, 2024
Cost shall include but not be limited to all expense items
				  specified in s.
				  100.201(2)
				  (h) 2, Stats. Business records shall be
				  referred to and all expense items incurred which appear or should appear in
				  balance sheets, profit and loss statements and supporting documents and records
				  shall be included in the schedules required to be filed herein. Costs shall not
				  be based on anticipated expenses. Taxes on profits, return on investment, and
				  distribution of equity, capital or profit shall not be included as expense
				  items.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.04 - Distribution of expenses

Current through June 24, 2024
The distribution of an expense to specific products or
				  functions shall wherever possible be on the basis of measurement of actual use
				  of material or service. Allocations shall follow the functions or other
				  measurable factors to which they are related. Expenses which are jointly caused
				  by all products or function categories and cannot be assigned to specific cost
				  centers or functions, or products, shall be charged to general
				  expense.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.05 - Management personnel

Current through June 24, 2024
The time of officers and management personnel shall be
				  charged to the functions they perform. In the event officers or other personnel
				  receive no salary or other remuneration, a value shall be placed on their
				  services at a rate no lower than the average current labor rate paid in
				  Wisconsin in the dairy product manufacturing industry (3115) category of the
				  "food manufacturing industry (311)" as reported by the Wisconsin department of
				  workforce development in the quarterly census of employment and wages
				  (ES-202).
Current labor rates reported in the above periodical may be
					 obtained from the Department of Workforce Development, Division of Employment
					 and Training, Labor Marketing Information Section, 201 East Washington Avenue,
					 P.O. Box 7972, Madison, WI 53707-7972 or the following web address:
http://worknet.wisconsin.gov/worknet/daindustry.aspx?menuselection=daperiodical
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.06 - Fringe benefits

Current through June 24, 2024
In the event a wholesaler keeps records of fringe benefits
				  for individual employees or groups of employees, the percentage of fringe
				  benefits expense to total compensation shall be determined. Such percentages
				  shall be used in charging the functions, cost centers or products to which the
				  personnel is charged. If individual or group fringe benefit records are not
				  kept then fringe benefits as a percentage of salaries or wages shall be
				  assigned or allocated in the same manner and be directly proportional to
				  salaries and wages which are assigned or allocated among various functions,
				  cost centers or products.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.07 - Depreciation

Current through June 24, 2024
The method of depreciation employed by the wholesaler shall
				  be used in determining depreciation expense. In the event a wholesaler has
				  failed to include depreciation as an expense, it shall be calculated by the
				  straight line method and included as an expense item. If more than one method
				  of depreciation has been employed by a wholesaler, then the method that results
				  in the highest expense shall be used in determining costs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.08 - Representative cost

Current through June 24, 2024
The department may designate the calendar periods from which
				  expense data shall be extracted. The month in which the price under
				  investigation was established shall be included in such period unless a
				  different period is designated. Cost analysis shall be based on the
				  following:
(1) RAW MATERIAL. The most
				recent raw material expense shall be used to compute costs of individual
				products. Ingredient cost shall be based on most recent invoice cost.
(2) CONTAINERS AND CASES. At least a
				4-months' period shall be analyzed for purchase prices, inventory records and
				trippage records.
(3) METHODS AND
				WAGES. Wages in effect on the date the cost analysis is instituted shall be
				used. Manning tables and schedules for the past 6-months' period shall be used.
				In the absence of such records, visual observation and work sampling shall be
				employed. Changes in methods of operation shall not be considered in a cost
				analysis until such changes have been reflected in expense records for a 30-day
				period subsequent to such changes.
(4) ALL OTHER EXPENSE ITEMS. A 6-months'
				minimum expense experience shall be used to reflect recent long-term costs. In
				the case of ice cream, current raw material costs shall be used and the most
				recent 12-months' period shall be used for all other expense items.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.09 - Adherence to accounting system

Current through June 24, 2024
(1) The accounting
				system provided for herein shall be used to determine accurately:
(a) The cost of each unit of product at the
				platform, defined as platform cost.
(b) Delivery cost for each type and size of
				delivery, expressed as delivery cost per unit of product.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 103 - Dairy trade practices › Section ATCP 103.10 - Expense categories

Current through June 24, 2024
(1) OCCUPANCY EXPENSE.
(a) The functions to be included are the
				ownership and operation of buildings and grounds. Expenses shall include, but
				not be limited to, wage and fringe benefit expense of janitors, watchers,
				groundskeepers and other personnel employed in this function; rent or
				depreciation on buildings; real estate taxes; building insurance; building
				repairs; janitorial and groundskeeping supplies; purchased services for
				building maintenance and groundskeeping.
(b) Occupancy expense shall not include
				water, heat, light and power.
(c)
				The expenses accumulated in this category shall be allocated to other functions
				and cost centers on the basis of the area occupied by such functions and cost
				centers. Area shall be determined by measuring dimensions from current floor
				plans or by actual physical measurement of dimensions by tape measure.
				Occupancy expense for warehouse space shall be allocated to other functions and
				cost centers in a direct ratio to the occupancy of other space utilized by such
				functions and cost centers.