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 103.02 - General requirements

Universal Citation: WI Admin Code ยง ATCP 103.02

Current through August 26, 2024

(1) WHOLESALER TO PUBLISH PRICE LIST FOR SELECTED DAIRY PRODUCTS. Every wholesaler of selected dairy products shall publish a price list for those products as required by s. 100.201(2) (a)1, Stats. The price list shall include all of the information required under s. 100.201(2) (a)1, Stats. Prices shall be specified for each standard category of delivery service identified under this chapter, including full service delivery, drop delivery, modified drop delivery, dock sale and warehouse delivery. Any deviations from these standard categories of delivery service shall be fully described in the price list.

(2) DEVIATION FROM PUBLISHED PRICE; MEETING COMPETITION; DOCUMENTATION REQUIRED.

(a) Except as provided under par. (b), no wholesaler may sell a selected dairy product at a price which differs from the price stated in the wholesaler's published price list. A price differs from the wholesaler's published price if the wholesaler provides any discount or rebate, or any increase in delivery service, which is not published in connection with the wholesaler's published price.

(b) A wholesaler may sell a selected dairy product at a price which differs from the wholesaler's published price if all of the following apply:
1. The wholesaler offers the unpublished price to meet a competitor's bona fide price offer.

2. The wholesaler makes a written record, before selling at the unpublished price, of the competitive offer which the unpublished price is intended to meet. The record shall include the date of the competitive offer, the terms of the competitive offer, the actual or prospective purchaser to whom the competitive offer was made, and the name of the competitor who made the offer. A wholesaler's record of a competitive offer shall be made available to the department for inspection and copying upon request.

3. The wholesaler offers the unpublished price for not longer than 180 days after the last competitive offer documented by the wholesaler under subd. 2.

(3) WHOLESALER TO REPORT COSTS UPON REQUEST. In response to a written request from the department, a wholesaler shall file with the department a schedule of the wholesaler's costs for selected dairy products. Costs shall be determined according to ss. ATCP 103.03 to 103.17. Cost information shall be filed in compliance with the department's instructions, on forms prescribed by the department, and within a reasonable time prescribed by the department.

(4) WHOLESALER PROHIBITED FROM FURNISHING EQUIPMENT TO RETAILER; EXEMPTIONS. No wholesaler may furnish equipment to a retailer in violation of s. 100.201(2) (e), Stats. Section 100.201(2) (e), Stats., does not prohibit a wholesaler from delivering selected dairy products to a retailer in cases or milk carts, nor does it prohibit a retailer from using those cases or milk carts from the temporary storage or display of the selected dairy products delivered in those cases or carts, provided that the cases and carts remain the property of the wholesaler and are returned to the wholesaler at the time of the next wholesale delivery.

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