§2984. Cost of milk to a dealer
"Cost of milk to a dealer" means the dealer's raw product cost, plus any shrinkage allowance permitted by the commission, to which shall be added the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering milk. Without limitation, these expenses shall include labor, including salaries and bonuses of executives and officers, rent, depreciation, selling costs, maintenance of equipment, utilities, delivery costs, interest, licenses, taxes, insurance, advertising, professional services and all other fixed and variable expenses. The commission may determine the dealer's expenses directly and indirectly incurred in receiving, processing, packaging and delivering fluid milk by either of the following methods:
[PL 1983, c. 484, §2 (NEW).]
1.
Cost accounting data.
Through reliance upon cost accounting data, relating to the dealer, gathered or received by the commission pursuant to section 2952‑A or 2986 for any 3-month period within one year preceding and one year following the date of an alleged violation, unless the dealer proves that changed circumstances render any cost accounting data relied upon by the commission incapable of proving that the violation occurred; or
[PL 2005, c. 382, Pt. F, §22 (AMD).]
2.
Expenses; percentage of dealer price.
By imputing an amount to cover these expenses which, unless the dealer proves lower actual costs, shall be deemed to be the percentage of the total dealer price of the milk as the commission shall by rule establish in conjunction with any milk pricing orders which change base dealer margins.
[PL 1983, c. 484, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 484, §2 (NEW). PL 2005, c. 382, §F22 (AMD).