2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; annually suspending a dairy 1.3 trade practices provision; requiring an investigation 1.4 and report; eliminating certain obsolete language; 1.5 proposing coding for new law in Minnesota Statutes, 1.6 chapter 32; repealing Minnesota Statutes 1996, section 1.7 32.73. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [32.745] [ANNUAL SUSPENSION OF DAIRY TRADE 1.10 PRACTICES ACT.] 1.11 The provisions of section 32.72 are suspended during the 1.12 months of June, July, and August 1997, and for the month of June 1.13 each year thereafter in honor of "Dairy Month." 1.14 Sec. 2. [INVESTIGATION OF DAIRY MARKETING PRACTICES; 1.15 REPORT.] 1.16 (a) The commissioner of agriculture shall investigate the 1.17 economic impacts and competitive fairness of practices used by 1.18 wholesalers and distributors on small, medium sized, and large 1.19 milk and dairy product retailers. These practices include, but 1.20 are not limited to, slotting fees, volume discounts, cents-off 1.21 allowances, billbacks, promotional rebates, credit allowances, 1.22 off-invoice arrangements, bulk sales discounts, and display 1.23 preferences. 1.24 (b) Financial and production information received by the 1.25 commissioner on processors, wholesalers, and retailers during 1.26 the investigation must be classified as private or nonpublic 2.1 data under Minnesota Statutes, chapter 13. 2.2 (c) Not later than January 31, 1998, the commissioner shall 2.3 report to the senate and house of representatives agriculture 2.4 policy committees on the findings of the investigation and 2.5 provide any recommendations for changes in law or rule to assure 2.6 equity and competitive fairness for milk and dairy product 2.7 retailers, regardless of the size of the retailer or the milk 2.8 and dairy product volume of the retailer. 2.9 Sec. 3. [REPEALER.] 2.10 Minnesota Statutes 1996, section 32.73, is repealed. 2.11 Sec. 4. [EFFECTIVE DATE.] 2.12 This act is effective the day following final enactment.