ATCP 103.01(13) (13) “Other products” means a product category used only for determining processing, packaging and distribution expense. It includes products other than fluid milk, ice cream products, cottage cheese and special products. It includes sour cream, butter, products in pressurized containers and similar products. Such products are milk products for all other purposes.

ATCP 103.01(14) (14) “Price” means the amount charged for the sale of a selected dairy product, including applicable surcharges and net of applicable discounts, rebates and allowances.

ATCP 103.01(15) (15) “Selected dairy product” means any of the products specified in s. 100.201 (1) (c), Stats., or any of the following products:

ATCP 103.01(15)(a) (a) Low fat milk

ATCP 103.01(15)(b) (b) Yogurt or yoghurt

ATCP 103.01(15)(c) (c) Frozen yogurt

ATCP 103.01(16) (16) “Special products” means products not generally distributed on wholesale or retail route trucks (e.g. dry milk products).

ATCP 103.01(17) (17) “Special routes” means routes other than regular retail or wholesale routes, e.g. school milk routes, military installation routes, routes to chain store warehouses.

ATCP 103.01(18) (18) “Warehouse” means space used to store ingredients and supplies, but shall not include finished products storage.

ATCP 103.01(19) (19) “Warehouse delivery” means delivery of product in truckload lots, either palletized or unpalletized, to the wholesaler’s or retailer’s warehouse, and includes the unloading or placement of product into the cooler for further distribution by the wholesaler or retailer.

ATCP 103.01(20) (20) “Wholesaler” has the meaning given in s. 100.201 (1) (f), Stats.

ATCP 103.01 History History: Cr. Register, November, 1966, No. 131, eff. 12-1-66; am. (9); rn. and am. (10) and (11) to be (11) and (10); rn. (12) to be (14); cr. (12) and (13); Register, January, 1975, No. 229, eff. 2-1-75; renum. (1) to (8) and (10) to (14) to be (2), (11), (13), (16), (17), (1), (6), (8), (12), (7), (19) and (18); r. (9); cr. (intro.), (4), (5), (9), (10), (14), (15) and (20), Register, March, 1994, No. 459, eff. 4-1-94.

ATCP 103.02 ATCP 103.02 General requirements.

ATCP 103.02(1) (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.

ATCP 103.02(2) (2) Deviation from published price; meeting competition; documentation required.

ATCP 103.02(2)(a) (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.

ATCP 103.02(2)(b) (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:

ATCP 103.02(2)(b)1. 1. The wholesaler offers the unpublished price to meet a competitor’s bona fide price offer.

ATCP 103.02(2)(b)2. 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.

ATCP 103.02(2)(b)3. 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.

ATCP 103.02(3) (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.

ATCP 103.02(4) (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.

ATCP 103.02 History History: Cr. Register, November, 1966, No. 131, eff. 12-1-66; rn. ATCP 103.02 to be ATCP 103.02 (1); cr. (2); Register, January, 1975, No. 229, eff. 2-1-75; correction in (2) (a) made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; r. and recr. Register, March, 1994, No. 459, eff. 4-1-94.

ATCP 103.03 ATCP 103.03 Cost included. Cost shall include but not be limited to all expense items specified in s. 100.201 (2) (h) 2., Stats. Business records shall be referred to and all expense items incurred which appear or should appear in balance sheets, profit and loss statements and supporting documents and records shall be included in the schedules required to be filed herein. Costs shall not be based on anticipated expenses. Taxes on profits, return on investment, and distribution of equity, capital or profit shall not be included as expense items.

ATCP 103.03 History History: Cr. Register, November, 1966, No. 131, eff. 12-1-66.

ATCP 103.04 ATCP 103.04 Distribution of expenses. The distribution of an expense to specific products or functions shall wherever possible be on the basis of measurement of actual use of material or service. Allocations shall follow the functions or other measurable factors to which they are related. Expenses which are jointly caused by all products or function categories and cannot be assigned to specific cost centers or functions, or products, shall be charged to general expense.

ATCP 103.04 History History: Cr. Register, November, 1966, No. 131, eff. 12-1-66.

ATCP 103.05 ATCP 103.05 Management personnel. The time of officers and management personnel shall be charged to the functions they perform. In the event officers or other personnel receive no salary or other remuneration, a value shall be placed on their services at a rate no lower than the average current labor rate paid in Wisconsin in the dairy product manufacturing industry (3115) category of the “food manufacturing industry (311)” as reported by the Wisconsin department of workforce development in the quarterly census of employment and wages (ES-202).

ATCP 103.05 Note Note: Current labor rates reported in the above periodical may be obtained from the Department of Workforce Development, Division of Employment and Training, Labor Marketing Information Section, 201 East Washington Avenue, P.O. Box 7972, Madison, WI 53707-7972 or the following web address: http://worknet.wisconsin.gov/worknet/daindustry.aspx?menuselection=daperiodical.