Section ATCP 100.30 - Pay statements to milk producersOn each producer pay date under s. 126.48(1) or (2), Stats., a milk contractor who procures producer milk in this state from a milk producer shall provide that milk producer with a written pay statement that includes all the following:
(1) MILK CONTRACTOR IDENTIFICATION. A pay statement shall include the name and address of the milk contractor.(2) PRODUCER IDENTIFICATION. A pay statement shall include the producer's name and identification number.(3) PAY PERIOD. A pay statement shall specify the milk delivery dates for which payment is being made.(4) MILK VOLUME. A pay statement shall specify the total weight of milk, in hundredweights, which the milk contractor received from the milk producer on the dates specified in sub. (3).(5) GRADE OF MILK. A pay statement shall specify the grade of milk that the milk contractor received from the milk producer on the dates specified in sub. (3).(6) MILK TEST RESULTS. If the price paid to the milk producer is affected by test results related to milk components, milk quality or other variables, the pay statement shall indicate all the test results used to determine the pay price unless the milk contractor has already furnished those test results to the milk producer.(7) MILK PRICE AND ADJUSTMENTS. A pay statement shall include the following price information, as applicable: (a)Payment based on straight fat. If the milk contractor is paying the milk producer on a straight fat basis, the pay statement shall include all the following information: 1. The butterfat content of milk received from the milk producer on the dates specified in sub. (3), expressed as a percentage by weight of milk received.2. The total pounds of butterfat in the milk received from the producer on the dates specified in sub. (3).3. The pay price per pound of butterfat.4. The gross amount paid for butterfat, obtained by multiplying the total pounds of butterfat under subd. 2. by the pay price under subd. 3.5. The pay price per hundredweight for butterfat, obtained by dividing the gross amount paid under subd. 4. by the milk volume in hundredweights under sub. (4).6. Price adjustments per hundredweight for other milk components such as protein or solids not fat.7. Price adjustments per hundredweight for milk grade or quality, including adjustments for bacteria or somatic cell counts.8. Price adjustments per hundredweight based on volume or other factors identified in the pay statement.9. The producer's average gross pay per hundredweight of milk, obtained by applying the adjustments under subds. 6. to 8. to the pay price per hundredweight for butterfat under subd. 5.(b)Payment based o n 3.5 % butterfat differential. If the milk contractor is paying the producer on a 3.5% butterfat differential basis, the pay statement shall include all the following information: 1. The base price per hundredweight for milk containing 3.5% butterfat by weight.2. The price differential per hundredweight for each percentage point, plus or minus, by which the butterfat content of the producer's milk differs from 3.5%.3. Price adjustments per hundredweight for other milk components such as protein or solids not fat.4. Price adjustments per hundredweight for milk grade or quality, including adjustments for bacteria or somatic cell counts.5. Price adjustments per hundredweight based on volume or other factors identified in the pay statement.6. The producer's average gross pay per hundredweight of milk after adjustments under this section.(c)Payment based on multiple component pricing. If the milk contractor is paying the producer on a multiple component pricing basis, the pay statement shall include all the following information: 1. The milk volume in hundredweights under sub. (4) multiplied by the applicable producer price differential per hundredweight. Note: Federal milk marketing orders specify, for each pay period, minimum producer price differentials for grade A milk covered by those orders.
2. The pounds of butterfat contained in the milk received from the producer on the dates specified in sub. (3), multiplied by the applicable butterfat price per pound. Note: Federal milk marketing orders specify, for each pay period, minimum butterfat prices for grade A milk covered by those orders.
3. The pounds of protein contained in the milk received from the producer on the dates specified in sub. (3), multiplied by the applicable protein price per pound. Note: Federal milk marketing orders specify, for each pay period, minimum protein prices for grade A milk covered by those orders.
4. The pounds of other solids contained in the milk received from the producer on the dates specified in sub. (3), multiplied by the applicable price per pound for other solids. Note: Federal milk marketing orders specify, for each pay period, minimum "other solids" prices for grade A milk covered by those orders.
5. For each applicable price adjustment based on milk grade or quality, the milk volume in hundredweights under sub. (4) multiplied by the price adjustment per hundredweight. The pay statement shall identify the basis for each price adjustment under this subdivision. Note: This includes price adjustments for bacteria count, somatic cell count, or other measures of grade or quality. Federal milk marketing orders specify, for each pay period, minimum somatic cell adjustments for grade A milk covered by those orders.
6. For each applicable price adjustment based on volume or other factors, the milk volume in hundredweights under sub. (4) multiplied by the price adjustment per hundredweight. The pay statement shall identify the basis for each price adjustment under this paragraph.7. The producer's average gross pay per hundredweight of milk, calculated as the sum of the value used under subds. 1. to 6., divided by the milk volume in hundredweights under sub. (4).(8) GROSS AMOUNT DUE. A pay statement shall specify the gross amount due the producer for milk delivered on the dates specified under sub. (3), prior to any deductions under sub. (11).(9) AVERAGE GROSS PAY PER HUNDREDWEIGHT LESS HAULING CHARGES. A pay statement shall specify the producer's average gross pay per hundredweight less hauling charges. This consists of the gross amount due under sub. (8) less total hauling expenses charged to the producer for the pay period under sub. (11) (a), divided by the milk volume in hundredweights under sub. (4).(10) NET AMOUNT DUE. A pay statement shall specify the net amount due the producer for the milk delivered on the dates specified in sub. (3). This consists of the total amount due under sub. (8) less all deductions under sub. (11).(11) DEDUCTIONS. A pay statement shall specify the nature and amount of every deduction from the gross amount due the producer under sub. (8), including deductions for any of the following that apply: (a) Milk hauling expenses charged to the producer.(b) Deductions related to drug residue violations.(c) Dairy products that the producer buys from the milk contractor.(d) Supplies that the milk contractor provides to the milk producer.(e) Wisconsin milk marketing board deductions.(f) National dairy promotion deductions.(g) Commodity credit corporation deductions.(h) Insurance deductions.(i) Cooperative fees or capital retained.(j) Creditor assignments.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 100.30
CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03.