Subch. IV of ch. ATCP 100 NoteNote: This subchapter is adopted under authority of ss. 93.07 (1), 97.20 (4), and 100.20 (2), Stats., and interprets ss. 93.15, 97.20, 100.20 and 100.22, Stats. Violations are subject to the sanctions provided in ss. 93.21 (4), 97.72, 97.73, 100.20, 100.22 (4) and (5), 100.24, and 100.26 (3), (5) and (6), Stats. Violations of this subchapter may also result in license sanctions under ss. 93.06 (7) and (8) and 97.20, Stats.

ATCP 100.98(1)(1) “Base period” means the dairy plant operator’s most recently completed fiscal year, or another representative period approved by the department.

ATCP 100.98(2)(2) “Base period producer service cost” means a dairy plant operator’s total cost, for the operator’s base period, for all of the following:

ATCP 100.98(2)(a)(a) Dairy farm field service costs other than field service costs which are directly attributable to violations of ch. ATCP 65.

ATCP 100.98(2)(b)(b) Costs to test dairy farm milk shipments before the dairy plant operator commingles those milk shipments with other milk shipments at the dairy plant. Testing costs include lab testing, reporting and recordkeeping costs related to milk testing. Testing costs do not include costs incurred by a milk hauler to collect milk samples from dairy farms, nor do they include costs incurred because of producer’s violation of ch. ATCP 65.

ATCP 100.98(2)(d)(d) Dairy farm license fees and other routine expenses which the dairy plant operator incurs in connection with the licensing and regulation of dairy farms.

ATCP 100.98(3)(3) “Base period pickup cost” means a dairy plant operator’s total cost, for the operator’s base period, to collect milk from dairy farms. “Base period pickup cost” does not include any of the following:

ATCP 100.98(3)(b)(b) Transportation or milk hauling costs incurred before the milk hauler arrives at the first dairy farm on the hauling route, or after the milk hauler leaves the last farm on the hauling route.

ATCP 100.98(4)(4) “Dairy plant operator” means either of the following:

ATCP 100.98(4)(a)(a) A person who holds, or is required to hold, a dairy plant license under s. 97.20, Stats., and who buys milk from producers.

ATCP 100.98(4)(b)(b) A person who operates a dairy plant outside this state, and who buys milk from Wisconsin producers for delivery to that out-of-state dairy plant.

ATCP 100.98(5)(5) “Milk price” means a producer’s average gross pay per hundredweight less hauling charges, calculated for a pay period according to s. ATCP 100.30 (9).

ATCP 100.98(6)(6) “Pay class” means a group of producers who qualify for the same volume premium.

ATCP 100.98(7)(7) “Pickup cost per hundredweight” means the cost calculated under s. ATCP 100.983 (5) for a pay class or individual producer.

ATCP 100.98(8)(8) “Producer service cost per hundredweight” means the cost calculated under s. ATCP 100.983 (4) for a pay class or individual producer.

ATCP 100.98(9)(9) “Non-price consideration” means anything of monetary value which a dairy plant operator or the operator’s agent offers or provides to a producer in return for the producer’s sale of milk to the operator, but which is not reflected in the milk price. “Non-price consideration” includes monetary payments, goods, milk hauling services, farm and household services, prizes, price and financing considerations, and other things that have direct monetary value to the producer. “Non-price consideration” includes services which a milk hauler furnishes as an agent of a dairy plant operator.

ATCP 100.98(10)(10) “Volume premium” means any form of milk price increment or non-price consideration which a dairy plant operator or the operator’s agent offers or provides to a producer based on the producer’s milk volume, or which the operator or agent offers or provides only to certain producers based on their milk volume.

ATCP 100.98 NoteNote: If a dairy plant operator pays a producer a higher price per hundredweight based on the total weight of any milk component (e.g., protein or butterfat) received from that producer, that price increment is a “volume premium” as defined under sub. (9). However, a per-hundredweight price increment based solely on the percentage contents of milk components in milk is not a “volume premium.”

ATCP 100.98 HistoryHistory: Cr. Register, September, 1996, No. 489, eff. 10-1-96; CR 02-113: renum. (4) to be (5) and am., cr. (4), renum. (5) to (9) to be (7) to (9), (6) and (10), am. (4) (f) Register April 2003 No. 568, eff. 5-1-03; CR 14-073: am. (2) (a), (b) Register August 2016 No. 728, eff. 9-1-16.

ATCP 100.981ATCP 100.981 Price discrimination prohibited. Except as provided under s. ATCP 100.982, 100.983 or 100.984, no dairy plant operator may do any of the following if the operator’s action injures any producer or injures, destroys or prevents competition between competing dairy plant operators:

ATCP 100.981(1)(1) Discriminate between producers, directly or indirectly, in the milk price offered or paid to those producers.

ATCP 100.981(2)(2) Discriminate between producers, directly or indirectly, in the value of any non-price consideration offered or provided to those producers. A dairy plant operator does not discriminate under this subsection if the operator offers the same non-price consideration to all producers on equal terms, so that the same non-price consideration is effectively available to all producers who wish to receive it.

ATCP 100.981 NoteNote: Section ATCP 100.981 is adopted under s. 100.20 (2), Stats., and other applicable statutes. A person who suffers a monetary loss because of a violation of s. ATCP 100.981 may therefore bring a private lawsuit against the violator under s. 100.20 (5), Stats., and may recover double damages, costs and reasonable attorney fees.