Effective - 28 Aug 1982
416.410. Definitions. — As used in sections 416.410 to 416.560 the following terms are construed to have the following meanings, except in those instances where the context clearly indicates otherwise:
(1) "Bulk milk", milk in bulk form, in cans, tank cars or tank trucks that is furnished to a processor for the purpose of processing and manufacture into milk products;
(2) "Bulk milk handler", any person engaged in the business of transferring title to bulk milk to a processor, except a cooperative association organized under the laws of this state;
(3) "Cost to the bulk milk handler", the price paid dairy farmers for the milk, plus receiving plant charge or a reasonable charge to cover all costs of operating his own receiving plant, plus transportation cost to the point of delivery to the purchaser;
(4) "Cost to the processor or distributor", the price paid for raw materials, plus the cost of doing business, which shall include labor, salaries paid executives and officers, rent, interest, depreciation, power, supplies, maintenance of equipment, selling costs, advertising, transportation and delivery costs, credit losses, all types of permits and license fees, all taxes, insurance, and all overhead expenses of the processor or distributor;
(5) "Cost to the retailer", the invoice price paid by the retailer plus the retailer's cost of doing business. In the absence of specific evidence the cost of doing business shall be presumed to be eight percent of the invoice price, and this cost shall be calculated to the nearest half cent per sales unit;
(6) "Director", the director of the department of agriculture;
(7) "Distributor", any person, other than a bulk milk handler, engaged in the business of transferring title within the state to milk products for a consideration, where the product is to be sold for resale or further processing;
(8) "Market milk", milk disposed of in fluid form and which is approved by an appropriate city, county or state health authority for distribution and sale in fluid form in any part of the state of Missouri;
(9) "Milk products", market milk, pasteurized milk, vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, skim milk, buttermilk, and cultured buttermilk;
(10) "Nonprocessing retailer", any person, not a processor, engaged in the business of transferring title within the state to milk products for a consideration where such product is to be used or consumed by the purchaser and is not to be resold or used for the purpose of manufacture or further processing;
(11) "Processor", any person engaged in the business of processing or packaging bulk milk or other materials into milk products.
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(L. 1959 H.B. 255 § 1, A.L. 1963 p. 643, A.L. 1982 H.B. 1100)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 416 - Monopolies, Discriminations and Conspiracies
Section 416.011 - Title of act.
Section 416.021 - Definitions.
Section 416.031 - Restraint of trade prohibited.
Section 416.041 - Exempt organizations and activities.
Section 416.051 - Penalties — attorney general to prosecute — civil penalty for contempt.
Section 416.071 - Injunctive relief by circuit courts authorized.
Section 416.081 - Antitrust revolving fund — how used — source of funds.
Section 416.111 - Refusal to testify prohibited — criminal immunity granted.
Section 416.121 - Who may sue — prevailing plaintiff to be awarded attorney's fees and costs.
Section 416.141 - How construed as to comparable federal acts.
Section 416.151 - State's remedies to be cumulative — only one monetary recovery on any one act.
Section 416.161 - Severability clause.
Section 416.410 - Definitions.
Section 416.415 - Selling or advertising milk at less than cost prohibited — evidence.
Section 416.420 - Discrimination in price between localities — evidence.
Section 416.425 - Sales by retailers at less than cost — evidence.
Section 416.430 - Sale by bulk milk handler at less than cost — evidence.
Section 416.435 - Sales of milk in combination with other products at less than cost — evidence.
Section 416.445 - Sales and advertisements exempt from law, when.
Section 416.450 - Complaints, investigation by director — actions to restrain violations.
Section 416.455 - Person injured by violation may intervene in or bring injunction action.
Section 416.460 - Rules, authority, promulgation, procedure.
Section 416.465 - Director may subpoena and swear witnesses — enforcement of subpoena.
Section 416.470 - Director may employ auditing firm.
Section 416.475 - Bond of complainant, liability.
Section 416.480 - Remedies exclusive.
Section 416.485 - Actions barred, when.
Section 416.495 - Milk control fund, source and purpose.
Section 416.500 - Nonresident manufacturers, processors and distributors to pay license fee.
Section 416.505 - Operation without license enjoined — "stop-sale" orders, issuance — appeal.
Section 416.510 - Nonresident subject to Missouri judicial process, when.
Section 416.515 - Process, form.
Section 416.520 - Service of process, how made.
Section 416.525 - Notice of service of process, form.
Section 416.530 - Personal service authorized, how served.
Section 416.535 - Proof of service by mailing.
Section 416.540 - Provisions for service on nonresidents in addition to other methods.
Section 416.545 - Venue of actions.
Section 416.550 - Continuance of action as to nonresident.
Section 416.555 - Secretary of state to keep record of process.
Section 416.560 - Secretary of state's fee as costs.
Section 416.600 - Citation of law.
Section 416.605 - Definitions.
Section 416.610 - Transfer prices, public disclosure required.
Section 416.615 - Sale below cost or at lower price, prohibited when.
Section 416.620 - Allowable practices.
Section 416.635 - Civil action by injured party authorized.
Section 416.654 - Cause of action available to targets of bad faith assertions.
Section 416.656 - Attorney general's authority — awards credited to antitrust revolving fund, when.
Section 416.658 - Other remedies not limited — inapplicability of act, when.