Mont. Admin. R. 32.24.470 - REGULATION OF UNFAIR TRADE PRACTICES
(1)
Under authority delegated by the provisions in
81-23-104, MCA,
the following transactions of business among licensees under the Act and among
licensees and the general public are declared to be unfair trade practices
subject to enforcement sanctions provided by statute:
(a) Except as the result of a milk price
forward contract, the payment of a lesser price than the applicable producer
price established by the board pursuant to the Act by any distributor to any
producer for milk which is distributed to any person, including agencies of the
federal, state or local government.
(b) The payment, allowance, or acceptance of
secret rebates, secret refunds, or unearned discounts by a person, whether in
the form of money or otherwise.
(c)
The giving of milk , cream, dairy products, services, or articles of any kind,
except to bona fide charities, for the purpose of securing or retaining the
fluid milk or fluid cream business of a customer.
(d) The extension to certain customers of
special prices or services not available to all customers who purchase milk of
like quantity under like terms and conditions.
(2) This rule and the rescission herein of
any previously existing rule does not affect any act or thing done or begun,
liability incurred, or any right accrued or established or any penalty incurred
or any such prosecution or proceeding, civil or criminal, pending or instituted
under or on account of any such previous rule herein rescinded in whole or in
part, to enforce any right or penalty or to punish any offense under the
authority of any such previously existing rule, at the time this rule takes
effect, but as to all such acts, things, liabilities, rights, penalties,
prosecutions or proceedings and any such previously existing rule remain in
full force and effect.
Notes
AUTH: 81-23-104, 81-23-302, 81-23-303, MCA; IMP: 81-23-103, 81-23-302, 81-23-303, MCA
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