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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XV REGULATION OF TRADE
  • CHAPTER 94A MILK CONTROL
  • Section 1 Definitions

Section 1. The following words as used in this chapter and in sections seven to nine, inclusive, of chapter twenty, unless the context otherwise requires, shall have the following meanings:

“Affiliate”, any person, or any subsidiary thereof, having either directly or indirectly, actual or legal control of or over a milk dealer, whether by stock ownership or in any other manner.

“Books and records”, books, records, accounts, contracts, memoranda, documents, papers, correspondence or other data pertaining to the business of the person in question.

“Chief”, the chief of the bureau of milk marketing in the department.

“Commissioner”, the commissioner of food and agriculture.

“Consumer”, any person, other than a milk dealer, who purchases milk for consumption.

“Co-operative Association”, a co-operative association, corporation or sales agency.

“Costs”, includes, but shall not be limited to, the Class I price, payable under either state or federal milk marketing order, for the raw milk product F.O.B. the market and all costs for the following: acquiring, assembling; transporting; receiving; cooling; pasteurizing; clarifying; separating or standardizing; packaging; refrigerating; storing; all other phases of handling and processing; advertising; selling; trading stamps; delivery; sanitation and inspection; equipment and supplies, including containers and ingredients; taxes; licenses; insurance; rent; depreciation; maintenance; power; light; administration and all other overhead; excises or assessments made by statute or by provisions of a federal milk marketing order; labor, including salaries, wages, commissions and all fringe benefits; and interest paid or accrued on indebtedness.

“Department”, the department of food and agriculture.

“Director”, the chief of the bureau of milk marketing within the department of food and agriculture.

“Fluid milk”, any milk, other than cream, which is sold, distributed or used for any purpose other than manufacture of cream, ice cream, butter or cheese; or, in any market for which the board has by order, rule or regulation, established classification on the basis of use, such portion thereof as may from time to time be classified by such order, rule or regulation within the highest use classification for the market concerned.

“Licensee”, a milk dealer licensed under any provision of this chapter or of similar provisions of earlier law.

“Market”, one or more cities or towns, or any portion thereof, designated by the commissioner as a natural milk marketing area within the commonwealth.

“Milk”, includes whole milk and cream, fresh, sour or storage; skimmed milk and buttermilk; irrespective of whether or not any such milk is flavored.

“Milk dealer”, any person, irrespective of whether such person is also a producer or an association of producers, who, on his own account or on behalf of producers, is engaged within the commonwealth in the business of receiving, purchasing, pasteurizing, bottling, processing, distributing or otherwise handling milk. No owner or operator of a hotel or restaurant who sells milk consumed on the premises where sold, and does not purchase or receive milk from producers, and no producer who delivers raw milk only to a milk dealer, shall be deemed a milk dealer for the purposes of this chapter.

“Person”, any individual, partnership, association, corporation or other business entity, or a subsidiary or affiliate thereof.

“Producer”, a person producing milk.

“Store”, includes a grocery store, dairy products store or any similar mercantile establishment at which milk is sold for consumption off the premises.

“Subsidiary”, any person of or over whom a milk dealer or an affiliate of a milk dealer has, or several milk dealers and their respective affiliates, or any of them collectively have, either directly or indirectly, actual or legal control, whether by stock ownership or in any other manner.