ATCP 100.32(1)(b) (b) A record of all milk receipts from producers and producer agents, showing the amount received from each producer or producer agent and the date of each receipt.

ATCP 100.32(1)(c) (c) A record of every milk producer pay statement required under s. ATCP 100.30.

ATCP 100.32(1)(d) (d) Records showing the nature and amount of any non-price consideration that the milk contractor furnishes to a producer in return for the producer’s sale or consignment of milk to the milk contractor, but which is not reflected in the producer’s pay statement under s. ATCP 100.30. In this subsection, “non-price consideration” has the meaning given in s. ATCP 100.98 (6).

ATCP 100.32(1)(e) (e) The result of every test on a producer milk delivery, including any test related to milk components or milk quality. Records shall specify the delivery to which each test pertains.

ATCP 100.32(1)(f) (f) A payroll summary showing, for each payroll period, the amount of milk received from producers, the gross amounts owed to producers for milk received, the amount and disposition of any payroll deductions, the net amounts owed to producers after deductions, and the amounts paid to producers.

ATCP 100.32(1)(g) (g) Other computer records, worksheets and accounting records showing how the milk contractor computed payment obligations to milk producers and producer agents.

ATCP 100.32(1)(h) (h) Records showing the milk contractor’s use and disposition of milk and dairy products received by the milk contractor. Records shall enable the milk contractor to do all the following:

ATCP 100.32(1)(h)1. 1. Account for the sale, use or disposition of all milk and dairy products received by the milk contractor.

ATCP 100.32(1)(h)2. 2. Account for the source of all milk and dairy products sold, marketed or otherwise disposed of by the milk contractor.

ATCP 100.32(2) (2) False records.

ATCP 100.32(2)(a) (a) No milk contractor may falsify any record or account, or conspire with any other person to falsify a record or account.

ATCP 100.32(2)(b) (b) No milk contractor may provide any milk producer or producer agent with any statement or accounting that is false or misleading, or that contains any false or misleading computation or arrangement of figures.

ATCP 100.32(3) (3) Records retention and inspection. A milk contractor shall retain the records required under this section for at least 3 years, and shall make the records available to the department for inspection and copying upon request.

ATCP 100.32 History History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03.

subch. IV of ch. ATCP 100 Subchapter IV — Discriminatory Payments to Producers

Subch. IV of ch. ATCP 100 Note Note: 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 ATCP 100.98 Definitions. In this subchapter:

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)(c) (c) Expenses to prepare and maintain producer payroll records and process payments to producers.

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(2)(e) (e) Other costs which the department allows in writing.

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)(a) (a) Milk collection and hauling costs which the dairy plant operator charges to milk producers.

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.