Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 100 - Milk Contractors
Subchapter IV - Discriminatory Payments to Producers
Section ATCP 100.981 - Price discrimination prohibited
Current through August 26, 2024
Except as provided under s. ATCP 100.982, 100.983 or 100.984, no dairy plant operator may do any of the following if the operator's action injures any producer or injures, destroys or prevents competition between competing dairy plant operators:
(1) Discriminate between producers, directly or indirectly, in the milk price offered or paid to those producers.
(2) Discriminate between producers, directly or indirectly, in the value of any non-price consideration offered or provided to those producers. A dairy plant operator does not discriminate under this subsection if the operator offers the same non-price consideration to all producers on equal terms, so that the same non-price consideration is effectively available to all producers who wish to receive it.
Section ATCP 100.981 is adopted under s. 100.20(2), Stats., and other applicable statutes. A person who suffers a monetary loss because of a violation of s. ATCP 100.981 may therefore bring a private lawsuit against the violator under s. 100.20(5), Stats., and may recover double damages, costs and reasonable attorney fees.
