Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 100 - Milk Contractors
Subchapter III - Milk Contractor Payments to Producers; Records
Section ATCP 100.32 - Pay records
Universal Citation: WI Admin Code ยง ATCP 100.32
Current through August 26, 2024
(1) RECORDS REQUIRED. A milk contractor shall keep accurate records and accounts of milk receipts, payments for milk received, and amounts owed to milk producers and producer agents. Records shall include all the following:
(a) A copy of
every contract between the milk contractor and a milk producer or producer
agent.
(b) A record of all milk
receipts from producers and producer agents, showing the amount received from
each producer or producer agent and the date of each receipt.
(c) A record of every milk producer pay
statement required under s.
ATCP 100.30.
(d) Records showing the nature and amount of
any non-price consideration that the milk contractor furnishes to a producer in
return for the producer's sale or consignment of milk to the milk contractor,
but which is not reflected in the producer's pay statement under s.
ATCP 100.30. In this subsection, "non-price consideration"
has the meaning given in s.
ATCP 100.98(6).
(e) The result of every test on a producer
milk delivery, including any test related to milk components or milk quality.
Records shall specify the delivery to which each test pertains.
(f) A payroll summary showing, for each
payroll period, the amount of milk received from producers, the gross amounts
owed to producers for milk received, the amount and disposition of any payroll
deductions, the net amounts owed to producers after deductions, and the amounts
paid to producers.
(g) Other
computer records, worksheets and accounting records showing how the milk
contractor computed payment obligations to milk producers and producer
agents.
(h) Records showing the
milk contractor's use and disposition of milk and dairy products received by
the milk contractor. Records shall enable the milk contractor to do all the
following:
1. Account for the sale, use or
disposition of all milk and dairy products received by the milk
contractor.
2. Account for the
source of all milk and dairy products sold, marketed or otherwise disposed of
by the milk contractor.
(2) FALSE RECORDS.
(a) No milk contractor may falsify any record
or account, or conspire with any other person to falsify a record or
account.
(b) No milk contractor may
provide any milk producer or producer agent with any statement or accounting
that is false or misleading, or that contains any false or misleading
computation or arrangement of figures.
(3) RECORDS RETENTION AND INSPECTION. A milk contractor shall retain the records required under this section for at least 3 years, and shall make the records available to the department for inspection and copying upon request.
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