Louisiana Administrative Code
Title 7 - AGRICULTURE AND ANIMALS
Part XXXI - Milk, Milk Products and Substitutions
Chapter 3 - Dairy Stabilization Board
Section XXXI-323 - Burdens and Presumptions
Universal Citation: LA Admin Code XXXI-323
Current through Register Vol. 50, No. 9, September 20, 2024
A. Sales below Cost
1. Upon proof being made at any
adjudicatory hearing that a licensee has advertised, offered to sell, or sold
dairy products at less than cost as defined herein plus applicable taxes, the
licensee shall be presumed in violation of the regulations proscribing sales
below cost.
2. The licensee may
rebut that presumption by proving that:
a.
such advertisement, offer to sell, or sale was not for the proscribed purpose,
did not have a proscribed effect or was otherwise lawful, such as that it was
made in good faith to meet an equally low price of a competitor when all of the
following circumstances were present:
i. the
advertisement, offer to sell, or sale was limited to that customer, group of
customers or that market area to which the price was available from
competitors;
ii. the advertisement,
offer to sell, or sale occurred only while the competitive circumstances
justifying such sale below cost existed; and
iii. the advertisement, offer to sell, or
sale is reported in advance in writing to the board or commissioner, or, if
advance notification is not possible, within 72 hours thereafter;
b. such advertisement, offer to
sell, or sale was necessary in response to actual or imminent deterioration of
dairy products, seasonal obsolescence of dairy products, distress sales under
court process, final liquidation sales or sales in good faith in discontinuance
of a business or in discontinuance of a dairy product, and provided that the
price at which the dairy product is advertised, offered, or sold is reported in
advance to the board or commissioner, or, if advance notification is not
possible, within 72 hours thereafter.
3. In the event a representative of the board
or of the commissioner has a reasonable basis upon which to believe that a
licensee may be selling dairy products below costs and said licensee denies
access, fails to produce or produces records which will not permit a
determination of the cost of production then, in that event, the cost of the
dairy products for the relevant period shall be presumed to be in excess of the
selling price. This presumption shall be rebuttable but the burden of rebutting
same shall be upon the licensee.
B. Price Discrimination
1. Upon proof being made at any adjudicatory
hearing that there has been discrimination in price, services, facilities
furnished, or any other proscribed discrimination, the licensee shall be
presumed to be in violation of the rules and regulations proscribing
discrimination.
2. The licensee may
rebut that presumption by proving that:
a. the
discrimination in price, services, or facilities was necessary in response to
actual or imminent deterioration of dairy products, seasonal obsolescence of
dairy products, distress sales under court process, final liquidation sales or
sales in good faith in discontinuance of a business or in discontinuance of a
dairy product; or
b. the
discrimination in price, services, or facilities was made in good faith to meet
an equally low price of a competitor, or the services or facilities furnished
by a competitor and all of the following circumstances were present:
i. the discrimination in price, services, or
facilities was limited to that customer, group of customers or that market area
to which the price was available from competitors;
ii. the discrimination in price, services, or
facilities occurred only while the competitive circumstances justifying such
discrimination existed; and
iii.
the discrimination in price, services or facilities is reported in advance in
writing to the board or commissioner, or, if advance notification is not
possible, within 72 hours thereafter.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4108.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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