Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply
Section 21.01 - Definitions

(1) Except as otherwise specified in the following provisions, all terms within 330 CMR 21.00 shall conform to the definitions appearing in M.G.L c. 94A, § 1, and shall draw their practical meaning from the operation of 330 CMR 21.00.

(2) The ensuing terms, not appearing in the statutory definitional section, shall take the following meanings:

Campaign Notice. A notice sent on a form provided by the Department of Agricultural Resources by a milk dealer notifying the Department of an intention to offer a coupon in a marketing or promotion campaign within the Commonwealth of Massachusetts.

Coupon. Any method or device, whether physical, electronic or otherwise, that rebates, returns, or reduces the price of packaged fluid milk.

Drop. A delivery of milk to a retailer, store or subdealer.

Fair Market Area. A geographic area surrounding a Producer Dealer designated as that Producer Dealer's marketing area which overlaps the geographic area identified in a Campaign Notice.

License. Any permit or authorization which M.G.L. chs. 94 and 94A empower the Department of Agricultural Resources to issue.

Marketing Campaign. A plan of a milk dealer to market, sell, or distribute fluid milk for consumer use and benefit within the Commonwealth of Massachusetts through the use of a coupon.

Notice of Determination. A written notice of the commissioner's approval disapproval or approval with conditions of a promotion or marketing campaign and conditions placed thereon.

Predatory Campaign. The use of the methods described in M.G.L. c. 94A, §§ 14(d) or 14(e) with the effect, whether intentional or not, of unfairly diverting trade from a producer dealer or otherwise injuring or of destroying a producer dealer.

Producer Dealer. A producer who processes milk produced on the farm for retail sale.

Promotion Campaign. A plan or intention of a milk dealer to promote fluid milk for consumer use and benefit within the Commonwealth of Massachusetts through the use of a coupon.

Subdealer. Any person or entity engaged in the business of distributing to wholesale or retailer purchasers milk previously pasteurized, processed and packaged by a separate dealer.

Units. Any recognized measurement of milk volume including, but not limited to, quarts and gallons, and fractions thereof.