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32.23.101    DEFINITIONS

(1) As used in this chapter, unless the context otherwise requires, the following definitions shall apply:

(a) "Act" or "Milk Control Act" means the milk control laws contained in Title 81, chapter 23, MCA.

(b) "Other source milk" means all milk as defined in the act, and also all reconstituted or recombined milk which is received in a plant from any source other than a producer licensed under the Milk Control Act.

(c) "Plant receipts" means all milk received from producers, other plants, and other sources, inventory, and all additives used in fluid products.

(d) "Excess milk" means the amount of milk delivered to a plant by a producer in excess of his/her specified quota.

(e) "Skim milk dumped" means that amount of skim milk dumped or otherwise destroyed after separation and without further processing or usage.

(f) "Shrinkage" means that amount by which milk receipts exceed milk otherwise accounted for.

(g) "Overage" means that amount by which milk accounted for exceeds plant receipts.

(h) "Surplus" means all raw milk under contract to a pool handler that is over and above the pool handler's class I and II market needs, as defined in 81-23-101 (1)(g), but excludes cream and fat products which are derived from processing.

(i) "Plant" means the processing plant of a distributor.

(j) "Hauler" means an independent business person who owns his/her own trucking equipment and who contracts directly with the producers for hauling their milk from farm to plant. A "distributor or plant hauler" means a processing plant which provides trucking equipment to haul producer milk from farm to plant.

(k) "Jobber" means any independent business person other than a store, wholesale grocery purchasing organization, or wholesale grocery broker, who has no financial connection with any distributor other than acquiring the distributor's packaged product and distributing and selling the same, and whose business practices and policies are within his/her exclusive province to establish, and not subject to any influence or control from the distributor.

(l) "Import jobber" means a distributor who purchases milk already processed and packaged for resale to wholesale and retail customers from a source or sources whose headquarters are geographically located outside the boundaries of Montana.

(m) "Department" means the Department of Livestock.

(n) "Board" means the Board of Milk Control.

(o) "Bureau" means the Milk Control Bureau of the department.

History: 81-23-103, 81-23-402, MCA; IMP, 81-23-103, 81-23-402, MCA; Eff. 2/5/76; AMD, Eff. 4/5/76; AMD, 1977 MAR p. 945, Eff. 11/14/77; AMD, 1982 MAR p. 1478, Eff. 7/30/82; AMD, 1982 MAR p. 1741, Eff. 10/1/82; AMD, 1983 MAR p. 1817, Eff. 12/16/83; AMD, 1984 MAR p. 969, Eff. 6/29/84; AMD, 1986 MAR p. 1183, Eff. 7/18/86; AMD, 1993 MAR p. 3016, Eff. 12/24/93; AMD, 1996 MAR p. 455, Eff. 2/9/96; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2009 MAR p. 2258, Eff. 11/26/09.

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