Section 416.410

Title XXVI TRADE AND COMMERCE

Chapter 416

Effective - 28 Aug 1982   

  416.410.  Definitions. — As used in sections 416.410 to 416.560 the following terms are construed to have the following meanings, except in those instances where the context clearly indicates otherwise:

  (1)  "Bulk milk", milk in bulk form, in cans, tank cars or tank trucks that is furnished to a processor for the purpose of processing and manufacture into milk products;

  (2)  "Bulk milk handler", any person engaged in the business of transferring title to bulk milk to a processor, except a cooperative association organized under the laws of this state;

  (3)  "Cost to the bulk milk handler", the price paid dairy farmers for the milk, plus receiving plant charge or a reasonable charge to cover all costs of operating his own receiving plant, plus transportation cost to the point of delivery to the purchaser;

  (4)  "Cost to the processor or distributor", the price paid for raw materials, plus the cost of doing business, which shall include labor, salaries paid executives and officers, rent, interest, depreciation, power, supplies, maintenance of equipment, selling costs, advertising, transportation and delivery costs, credit losses, all types of permits and license fees, all taxes, insurance, and all overhead expenses of the processor or distributor;

  (5)  "Cost to the retailer", the invoice price paid by the retailer plus the retailer's cost of doing business.  In the absence of specific evidence the cost of doing business shall be presumed to be eight percent of the invoice price, and this cost shall be calculated to the nearest half cent per sales unit;

  (6)  "Director", the director of the department of agriculture;

  (7)  "Distributor", any person, other than a bulk milk handler, engaged in the business of transferring title within the state to milk products for a consideration, where the product is to be sold for resale or further processing;

  (8)  "Market milk", milk disposed of in fluid form and which is approved by an appropriate city, county or state health authority for distribution and sale in fluid form in any part of the state of Missouri;

  (9)  "Milk products", market milk, pasteurized milk, vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, skim milk, buttermilk, and cultured buttermilk;

  (10)  "Nonprocessing retailer", any person, not a processor, engaged in the business of transferring title within the state to milk products for a consideration where such product is to be used or consumed by the purchaser and is not to be resold or used for the purpose of manufacture or further processing;

  (11)  "Processor", any person engaged in the business of processing or packaging bulk milk or other materials into milk products.

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(L. 1959 H.B. 255 § 1, A.L. 1963 p. 643, A.L. 1982 H.B. 1100)