Agriculture & Markets - Milk Control - Definitions


Published: 2014-09-22

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§ 253. Definitions. As used in this article unless otherwise expressly
stated, or unless the context or subject matter otherwise requires:

1. "Division" means the division of milk control created by this
article.

2. "Director" means the director of the division of milk control.

3. "Person" means any person, firm, corporation, co-partnership,
association, co-operative corporation or unincorporated co-operative
association.

4. "Milk dealer" means any person who purchases, handles or sells
milk, or bargains for the purchase or sale of milk, including brokers
and agents. Each corporation which if a natural person would be a milk
dealer within the meaning of this article, and any subsidiary and
affiliate of such corporation similarly engaged, shall be deemed a milk
dealer within the meaning of this definition. A hotel or restaurant
which sells only milk consumed on the premises where sold, or a producer
who delivers milk only to a milk dealer, or a person who purchases milk
from licensed dealers to be combined by him with non dairy products in
the manufacture of candy, soup or other food products (except melloream)
shall not be deemed a milk dealer.

6. "Licensee" means a licensed milk dealer.

7. "Milk", for the purposes of this article, means all skim milk
resulting from the separation of butterfat from whole milk, or resulting
from reconstituting or recombining nonfat milk solids with water, and
all butterfat in the form of or contained in milk, homogenized milk,
vitamin D milk, vitamin-mineral fortified milk, flavored milk,
standardized milk, concentrated milk in consumer packages, fluid skim
milk, modified skim milk, skim milk drinks, buttermilk, fresh cream,
half and half, or any product or products having the appearance and
taste of any of the above, regardless of the name by which they are
labeled or represented. It includes such skim milk and butterfat
contained in melloream whose appearance, odor or taste is similar to any
of the aforesaid. In each instance where quantity is referred to the
intent is to include the combined product pounds of skim milk and
butterfat contained therein.

8. "Producer" means a person producing milk.

9. "Consumer" means any person other than a milk dealer who purchases
milk for fluid consumption.

10. "Store" means an individual business establishment at one location
including a grocery store, hotel, restaurant, soda fountain, dairy
products store, automatic milk vending machine, gasoline station or a
similar mercantile establishment offering goods and/or services at
retail to individual consumers. The commissioner may after due notice
and public hearing define as a store such other mercantile establishment
as he finds conforms to the definition as herein provided.

11. "Milk broker" means any person who buys and sells milk for
licensees on a fee or commission basis or who arranges for or negotiates
contracts to buy or sell milk among licensees.