2006 Minnesota Statutes

32.70 DEFINITIONS.
    Subdivision 1. Application. The definitions in this section apply to sections 32.70 to 32.74.
    Subd. 2. Basic cost. (a) "Basic cost" for a processor means the actual cost of the raw milk
plus 75 percent of the actual processing and handling costs for a selected class I or class II
dairy product.
(b) "Basic cost" for a wholesaler means the actual cost of the selected class I or class II dairy
product purchased from the processor or another wholesaler.
(c) "Basic cost" for a retailer means the actual cost of the selected class I or class II dairy
product purchased from a processor or wholesaler.
    Subd. 3. Bona fide charity. "Bona fide charity" means a corporation, trust, fund, or
foundation organized and operated exclusively for religious, charitable, scientific, literary, or
educational purposes.
    Subd. 4. Processor. "Processor" means a person engaged in manufacturing or processing
selected class I or class II dairy products in the person's own plant for sale in Minnesota.
    Subd. 5. Producer. "Producer" means a person who operates a dairy herd or herds in
Minnesota producing milk or cream commercially and whose milk or cream is sold to, or
received or handled by, a distributor or processor. "Producer" does not include an incorporated
or unincorporated association of producers.
    Subd. 6. Responsible person. "Responsible person" means the business entity that makes
payment to an individual Grade A or Grade B milk producer.
    Subd. 7. Selected class I dairy products. "Selected class I dairy products" means milk for
human consumption in fluid form and all other class I dairy products as defined by the Upper
Midwest Milk Marketing Order, Code of Federal Regulations, title 7, part 1030.40, or successor
orders.
    Subd. 8. Selected class II dairy products. "Selected class II dairy products" means milk
for human consumption processed into fluid cream, eggnog, yogurt, and all other class II dairy
products as defined by the Upper Midwest Milk Marketing Order, Code of Federal Regulations,
title 7, part 1030.40, or successor orders.
    Subd. 9. Sell at retail; sale at retail; retail sales. "Sell at retail," "sale at retail," and "retail
sales" mean a retail sale or offer for retail sale of a selected class I or class II dairy product for
ultimate consumption or use.
    Subd. 10. Sell at wholesale; sale at wholesale; wholesale sales. "Sell at wholesale," "sale at
wholesale," and "wholesale sales" mean sale or offer for sale of a selected class I dairy product for
purposes of resale or further processing or manufacturing, but does not include a producer selling
or delivering milk to a processor.
    Subd. 11. Wholesaler. "Wholesaler" means a person including a distributor in the business
of making sales of selected class I or class II dairy products, at wholesale in Minnesota. In the
case of a person making sales at both retail and wholesale, "wholesaler" applies only to the
sales at wholesale.
History: 1993 c 65 s 6; 1993 c 367 s 29; 1998 c 254 art 1 s 7,8; 1Sp2001 c 2 s 64,65