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 103.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Allocate" means the distribution of an
				expense to specific products or functions based on some quantitative factor
				such as points, gallons, other expense totals.
(2) "All products" means the entire volume of
				every item produced and sold.
(3)
				"Assign" means the distribution of an expense to specific products or functions
				based on actual or estimated uses of the material or service represented by the
				expense.
(4) "Case" means a device,
				apparatus or secondary container used by a wholesaler to deliver containers of
				a selected dairy product to another wholesaler or to a retailer. "Case"
				includes a box, pallet, milk cart or crate, but does not include a vehicle,
				trailer or refrigeration unit.
(5)
				"Container" means the immediate package in which a selected dairy product is
				sold or offered for sale.
(6)
				"Distribution categories" means retail milk, wholesale milk, vendor milk,
				special route milk, wholesale ice cream, vendor ice cream, special route ice
				cream.
(7) "Dock sale" means
				selling at wholesale at any wholesaler's loading platform to retailers or other
				wholesalers, and may include loading of product sold into trucks.
(8) "Drop delivery" means the product is
				pre-ordered and assembled prior to loading on the truck; the product is
				pre-arranged in the truck for delivery to retail outlets and on arrival is
				placed on the retailer's dock or in a back room storage area, or placed on the
				tailgate for off-loading by the retailer, without the pick-up or return of
				outdated product.
(9) "Full service
				delivery" means receiving an order for the delivery of a selected dairy
				product, putting up the order, delivering the product, stocking the display and
				storage coolers with the product, making out the invoice and delivery ticket
				for the product, removing outdated product, price marking the product and
				collecting payment for the product and delivery service.
(10) "Milk cart" means a wheeled apparatus,
				commonly known as a "bossy cart," that is owned by a wholesaler, used for the
				delivery of selected dairy products to a retailer, and returned to the
				wholesaler when the wholesaler makes the next delivery of selected dairy
				products to the retailer. "Milk cart" does not include a cart equipped with a
				refrigeration unit.
(11) "Milk
				products" means all products produced and sold with the exception of ice cream
				products and special products as defined herein.
(12) "Modified drop delivery" means a form of
				drop delivery which includes putting up the order from an order form prepared
				by the retailer prior to arrival of the delivery truck and placing the product
				in the retailer's storage cooler.
(13) "Other products" means a product
				category used only for determining processing, packaging and distribution
				expense. It includes products other than fluid milk, ice cream products,
				cottage cheese and special products. It includes sour cream, butter, products
				in pressurized containers and similar products. Such products are milk products
				for all other purposes.
(14)
				"Price" means the amount charged for the sale of a selected dairy product,
				including applicable surcharges and net of applicable discounts, rebates and
				allowances.
(15) "Selected dairy
				product" means any of the products specified in s.
				100.201(1)
				(c), Stats., or any of the following
				products:
(a) Low fat milk
(b) Yogurt or yoghurt
(c) Frozen yogurt