01-015 C.M.R. ch. 20, § I - DEFINITIONS

Unless the context indicates otherwise, the following terms have the following meanings:

A. Commission. "Commission" means the Maine Milk Commission.

B. Cost of milk to a dealer. "Cost of milk to a dealer" means the dealer's raw product cost, plus any shrinkage allowance permitted by the Commission, to which shall be added the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, delivery costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses.

C. Cost of milk to a retail store. "Cost of milk to a retail store" means the price paid by a retail store to a dealer for fluid milk, to which shall be added the retail store's expenses directly and indirectly incurred in shipping, handling and selling fluid milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, shipping costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses.

D. Dealer. "Dealer" means any person who purchases or receives milk for sale as the consignee or agent of a producer, or handles for sale, shipment, storage or processing within the State and shall include a producer-dealer and a subdealer, but shall not include a store.

E. Integrated operation. "Integrated operation" means a person who is a dealer and who also sells at retail the milk which it processes and/or delivers. However, such a person shall be considered a dealer and not an Integrated operation with respect to any sales or consignments of milk it makes to a retail store, and shall be considered a retail store and not an integrated operation with respect to any purchases of packaged milk it makes from a dealer.

F. Legal competition. "Legal competition" means a price which is not subject to a restraint or injunction issued by a court of competent jurisdiction and which is set or offered by a dealer or retail store with whom a dealer or retail store seeking to meet that price in fact directly competes.

G. Market. "Market" means any city, town or parts thereof or the State, or 2 or more of the same of parts thereof designated by the Commission as a natural marketing area.

H. Milk. "Milk" means whole milk and cream, fresh, sour or storage; nonfat (fat-free) milk, skimmed milk, lowfat milk and buttermilk; irrespective of whether or not any such milk is flavored.

I. Person. "Person" means any individual, partnership, firm, corporation, association or other unit and the State and all political subdivisions or agencies thereof, except state owned and operated institution.

J. Regulated product. "Regulated product" means milk for fluid consumption, the minimum wholesale or retail price of which was established by the Maine Milk Commission under 7 M.R.S.A., §2951et seq.

K. Retail Sale. "Retail Sale" means a doorstep delivery and over-the-counter sales by stores.

L. Retail Store. "Retail Store" means a grocery store, dairy product store, or any similar commercial establishment where milk is sold to consumers for consumption off the premises.

M. Store. "Store" means a grocery store, dairy product store, canteen, milk vending machine operator, milk dispensing operator or any similar commercial establishment or outlet or any other sale where milk is sold to consumers for consumption off the premises where sold.

N. Subdealer. "Subdealer" means any person who does not process milk and who purchases milk from a dealer and sells such milk in the same containers in which he purchased it, but shall not include a store.

O. Wholesale Sale. "Wholesale Sale" means sale to any other person not included in retail.

Notes

01-015 C.M.R. ch. 20, § I