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 100.982 - Exemptions

Universal Citation: WI Admin Code ยง ATCP 100.982

Current through August 26, 2024

Section ATCP 100.981 does not prohibit a dairy plant operator from doing any of the following:

(1) Paying a different milk price for grade A versus grade B milk.

(2) Complying with a federal milk marketing order.

(3) Properly charging a producer, pursuant to ch. ATCP 65 or the procurement contract, for costs which the dairy plant operator or milk contractor incurs because of the producer's violation of ch. ATCP 65.

(4) Paying different milk prices to producers based on actual differences in the quality of their milk, or based on actual differences in the percentage content of milk components in their milk, provided that all of the following apply:

(a) The dairy plant operator pays for milk quality, or for the percentage content of milk components in a producer's milk, according to a written payment schedule which the operator announces and makes available on equal terms to all producers from whom the dairy plant operator buys milk.

(b) The payment schedule under par. (a) clearly indicates the amounts by which payments will vary based on actual differences in milk quality, or based on actual differences in the percentage content of milk components in a producer's milk.

(c) The dairy plant operator measures the differences under par. (b) using accepted scientific methods.

(d) The payment schedule under par. (a) does not discriminate between producers having the same milk quality, or the same percentage content of milk components in their milk.

(e) Milk quality and milk component payments are not based on milk volume or restricted to certain producers based on volume.

(f) The dairy plant operator complies with ss. ATCP 65.84(3) and 100.30.

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