Subdivision 1. Application. The definitions in this section apply to sections 32D.24 to 32D.28.
Subd. 2. Basic cost. (a) "Basic cost," for a processor, means the actual cost of the raw milk plus 75 percent of the actual processing and handling costs for a selected class I or class II dairy product.
(b) Basic cost, for a wholesaler, means the actual cost of the selected class I or class II dairy product purchased from the processor or another wholesaler.
(c) Basic cost, for a retailer, means the actual cost of the selected class I or class II dairy product purchased from a processor or wholesaler.
Subd. 3. Bona fide charity. "Bona fide charity" means a corporation, trust, fund, or foundation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes.
Subd. 4. Processor. "Processor" means a person engaged in manufacturing or processing selected class I or class II dairy products in the person's own plant for sale in Minnesota.
Subd. 5. Producer. "Producer" means a person who operates a dairy herd or herds in Minnesota producing milk or cream commercially and whose milk or cream is sold to, or received or handled by, a distributor or processor. Producer does not include an incorporated or unincorporated association of producers.
Subd. 6. Responsible person. "Responsible person" means the business entity that makes payment to an individual Grade A or Grade B milk producer.
Subd. 7. Selected class I dairy products. "Selected class I dairy products" means milk for human consumption in fluid form and all other class I dairy products as defined by the Upper Midwest Milk Marketing Order, Code of Federal Regulations, title 7, part 1030.40, or successor orders.
Subd. 8. Selected class II dairy products. "Selected class II dairy products" means milk for human consumption processed into fluid cream, eggnog, yogurt, and all other class II dairy products as defined by the Upper Midwest Milk Marketing Order, Code of Federal Regulations, title 7, part 1030.40, or successor orders.
Subd. 9. Sell at retail; sale at retail; retail sales. "Sell at retail," "sale at retail," or "retail sales" means a retail sale or offer for retail sale of a selected class I or class II dairy product for ultimate consumption or use.
Subd. 10. Sell at wholesale; sale at wholesale; wholesale sales. "Sell at wholesale," "sale at wholesale," or "wholesale sales" means sale or offer for sale of a selected class I dairy product for purposes of resale or further processing or manufacturing but does not include a producer selling or delivering milk to a processor.
Subd. 11. Wholesaler. "Wholesaler" means a person including a distributor in the business of making sales of selected class I or class II dairy products at wholesale in Minnesota. In the case of a person making sales at both retail and wholesale, wholesaler applies only to the sales at wholesale.
2017 c 88 art 3 s 29
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Section 32D.02 — Inspection And Enforcement; Authority And Duties.
Section 32D.03 — Bulk Milk Hauler And Sampler License.
Section 32D.04 — Milk Tank Trucks.
Section 32D.05 — Grade A Dairy Farm Permitting; Water Well Distance Requirement.
Section 32D.06 — Grade A Dairy Farm Inspection; Fees.
Section 32D.07 — Manufacturing Grade Dairy Farm Certification.
Section 32D.08 — Manufacturing Grade Dairy Farm Inspection; Fees.
Section 32D.09 — Dairy Plant Licensing And Permitting.
Section 32D.11 — Procurement Fee.
Section 32D.12 — Selected Products Fee.
Section 32D.13 — Milk Quality Standards.
Section 32D.14 — Official Producer Samples.
Section 32D.15 — Monthly Reporting.
Section 32D.17 — Laboratory Certification.
Section 32D.18 — Milk Bought By Weight; Testing Methods.
Section 32D.19 — Adulterated Dairy Products.
Section 32D.20 — Limitation On Sale.
Section 32D.21 — Cooling After Pasteurization.
Section 32D.22 — Manufacture Of Cheese; Requirements In Process.
Section 32D.23 — Recombinant Bovine Growth Hormone Labeling.
Section 32D.24 — Dairy Trade Practices; Definitions.
Section 32D.25 — Duties And Powers Of Commissioner; Data Privacy.
Section 32D.26 — Sales Below Cost Prohibited; Exceptions.
Section 32D.27 — Redress For Injury Or Threatened Injury.
Section 32D.28 — Annual Suspension Of Dairy Trade Practices Act.
Section 32D.30 — Dairy Development And Profitability Enhancement.