01- 015 C.M.R. ch. 1, § 2

Current through 2024-44, October 30, 2024
Section 015-1-2 - COMMISSION RULINGS:
A. Quantity discounts, except as provided in price schedules are illegal.
B. All containers in which milk or cream is sold must carry the name or trade name of the dealer on the container or the cap and, in addition thereto, all cream containers shall be marked with the words, "Half-and-Half", "Light Cream", "Medium Cream" or "Heavy Cream".
C. Skim milk is hereby defined as that fluid product of milk which contains less than 0.25% milk fat.
D. Half-and-Half is hereby defined as the milk product resulting from the combining of milk and cream in such proportions as to result in a mixture containing not less than 10.5%, but less than 18% milk fat. (See Section #16)
E. Light Cream is hereby defined as fluid cream, containing not less than 18% milk fat.
F. Medium Cream is hereby defined as fluid cream containing not less than 30% milk fat.
G. Heavy Cream is hereby defined as fluid cream containing not less than 36% milk fat.
H. Whole milk is hereby defined as fluid milk containing not less than 3.25% milk fat.
I. Low fat milk is hereby defined as milk which contains at least .5% and not more than 2.5% of milk fat. Low fat milk shall contain not less than 8.5% of milk solids not fat.
J. No milk or cream shall be sold for human fluid consumption in any controlled area at any other butterfat percentages than those defined in these Rules and Orders.
K. Dealers paying a blended price to producers shall compute payments on a monthly basis and use the current Class prices. Dealers desiring to pay on a semimonthly basis may do so by using the appropriate Class prices or by an estimated advance payment and making the necessary adjustments when monthly prices are announced.
L.
1. Dealer-to-Dealer sales of milk are payable at the Class I price to producers.
2. Dealer-to-Dealer sales of cream are payable at the Class II milk equivalent price to producers.
M. Dealers who regularly buy milk from producer-dealers shall include this milk in their records as "receipts from producers" and pay the hundredweight fees on said milk.
N. Dealers wishing to pay producers on a rating or quota plan must have prior approval by the Commission based upon six months notification to the producers.
O. There can be no contract or agreement whereby a dealer on a use plan pays one or more producers less than the minimum payable to all producers in any given pay period.
P. Milk sold by a dealer in a controlled area to a consuming unit which is not a consumer as defined by statute, or sold in an uncontrolled area, shall not be subject to the minimum prices fixed by the Commission. The minimum prices fixed shall nevertheless apply to sales of milk destined for use of such consuming unit or in such uncontrolled area, from producers to dealers. These minimum prices shall be prevailing producer prices in the immediately adjoining or surrounding controlled market area to the physical location of such consuming unit or uncontrolled area.
Q. Any dealer may deduct an allowance for transportation from the producer's farm to the dealer's dairy plant pursuant to a reasonable schedule of charges filed with the Commission, with a copy to each affected producer, at least 30 days prior to the proposed effective date. Should any producer or producer organization petition the Commission for a hearing and such hearing is granted, it will be incumbent upon the dealer to substantiate the reasonableness of the schedule of charges filed. In absence of such evidence, the schedule of charges in question shall be deemed unreasonable.

01- 015 C.M.R. ch. 1, § 2