After a duly noticed public comment hearing, the Department may establish and promulgate a presumptive minimum cost of each unit volume of wholesale milk sold by dealers to customers upon the basis of information gathered from dealer reports, recordkeeping, independent studies, and other reliable sources. A dealer may sell at a price below the presumptive minimum wholesale cost if it can first demonstrate to the Department that its price reflects a corresponding lower actual cost.
330 CMR, § 21.05