Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 103 - Dairy trade practices
Section ATCP 103.01 - Definitions
Current through February 26, 2024
As used in this chapter:
(1) "Allocate" means the distribution of an expense to specific products or functions based on some quantitative factor such as points, gallons, other expense totals.
(2) "All products" means the entire volume of every item produced and sold.
(3) "Assign" means the distribution of an expense to specific products or functions based on actual or estimated uses of the material or service represented by the expense.
(4) "Case" means a device, apparatus or secondary container used by a wholesaler to deliver containers of a selected dairy product to another wholesaler or to a retailer. "Case" includes a box, pallet, milk cart or crate, but does not include a vehicle, trailer or refrigeration unit.
(5) "Container" means the immediate package in which a selected dairy product is sold or offered for sale.
(6) "Distribution categories" means retail milk, wholesale milk, vendor milk, special route milk, wholesale ice cream, vendor ice cream, special route ice cream.
(7) "Dock sale" means selling at wholesale at any wholesaler's loading platform to retailers or other wholesalers, and may include loading of product sold into trucks.
(8) "Drop delivery" means the product is pre-ordered and assembled prior to loading on the truck; the product is pre-arranged in the truck for delivery to retail outlets and on arrival is placed on the retailer's dock or in a back room storage area, or placed on the tailgate for off-loading by the retailer, without the pick-up or return of outdated product.
(9) "Full service delivery" means receiving an order for the delivery of a selected dairy product, putting up the order, delivering the product, stocking the display and storage coolers with the product, making out the invoice and delivery ticket for the product, removing outdated product, price marking the product and collecting payment for the product and delivery service.
(10) "Milk cart" means a wheeled apparatus, commonly known as a "bossy cart," that is owned by a wholesaler, used for the delivery of selected dairy products to a retailer, and returned to the wholesaler when the wholesaler makes the next delivery of selected dairy products to the retailer. "Milk cart" does not include a cart equipped with a refrigeration unit.
(11) "Milk products" means all products produced and sold with the exception of ice cream products and special products as defined herein.
(12) "Modified drop delivery" means a form of drop delivery which includes putting up the order from an order form prepared by the retailer prior to arrival of the delivery truck and placing the product in the retailer's storage cooler.
(13) "Other products" means a product category used only for determining processing, packaging and distribution expense. It includes products other than fluid milk, ice cream products, cottage cheese and special products. It includes sour cream, butter, products in pressurized containers and similar products. Such products are milk products for all other purposes.
(14) "Price" means the amount charged for the sale of a selected dairy product, including applicable surcharges and net of applicable discounts, rebates and allowances.
(15) "Selected dairy product" means any of the products specified in s. 100.201(1) (c), Stats., or any of the following products:
(16) "Special products" means products not generally distributed on wholesale or retail route trucks (e.g. dry milk products).
(17) "Special routes" means routes other than regular retail or wholesale routes, e.g. school milk routes, military installation routes, routes to chain store warehouses.
(18) "Warehouse" means space used to store ingredients and supplies, but shall not include finished products storage.
(19) "Warehouse delivery" means delivery of product in truckload lots, either palletized or unpalletized, to the wholesaler's or retailer's warehouse, and includes the unloading or placement of product into the cooler for further distribution by the wholesaler or retailer.
(20) "Wholesaler" has the meaning given in s. 100.201(1) (f), Stats.
