Louisiana Administrative Code
Title 7 - AGRICULTURE AND ANIMALS
Part XXXI - Milk, Milk Products and Substitutions
Chapter 3 - Dairy Stabilization Board
Section XXXI-321 - Trade Practices Declared Not Disruptive
Universal Citation: LA Admin Code XXXI-321
Current through Register Vol. 50, No. 9, September 20, 2024
A. The following acts are specifically declared as not constituting disruptive trade practices and are not prohibited:
1. the giving of advertising novelties unless
the nature or value of the advertising novelty is such that the giving of such
advertising novelty constitutes an illicit payment;
2. normal social activities of any person or
the entertainment of any customer unless the expenditure involved in such
entertainment is excessive or unreasonable;
3. the giving of samples of dairy products to
consumers if the following requirements are observed:
a. in the case of fluid milk products, the
quantity must be limited to 3 fluid ounces;
b. in the case of frozen desserts, the
quantity must be limited to 1 fluid ounce;
c. the retailer on whose premises such
sampling activity takes place must have been in operation at that location for
at least 60 days prior to the date on which such activity takes
place;
d. prior to engaging in
sampling activities on the premises of a retailer, the processor or distributor
shall notify the board or commissioner of the planned sampling activity. If
such notification is by mail, it shall be given at least 10 days prior to the
date of the planned sampling activity, and if such notification is by
telephone, it shall be given at least three days prior to such
activity;
e. notwithstanding the
above provisions, processors may give homogenized milk, lowfat milk, skim milk,
or chocolate milk in half-pint containers or a frozen dessert sample weighing
no more than 3 fluid ounces to persons participating in plant tours, if such
products are consumed on the premises where given;
f. the giving of such sampling by a processor
or distributor shall not extend over a period of more than two consecutive days
for each retailer and shall not occur more frequently than once per calendar
quarter; provided that the giving of such samples during the month of December
shall not be used in determining whether there has been compliance with the
provisions of this Subsection limiting frequency of sampling demonstrations to
one per calendar quarter;
g. the
prohibition contained herein shall not apply to trade shows or other activities
designated by the board or commissioner in writing;
4. the donation of dairy products not
directly or indirectly related to the sale of dairy products to nonprofit and
charitable entities;
5. a
cooperative association returning to its members, producers, or consumers the
whole or any part of the net earnings or surplus resulting from its trading
operations, in proportion to their purchases or sales from, to, or through the
association, provided same is not in the form of a discount or allowance and
distributed not more frequently than quarterly.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4108.
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