Louisiana Revised Statutes 3:4102 – Definitions
Terms Used In Louisiana Revised Statutes 3:4102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
- Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
As used in this Subpart, unless the context otherwise requires:
(1) “Milk” means the lacteal secretion of one or more cows (including such secretions when raw, cooled, pasteurized, standardized, homogenized, recombined, or concentrated) which meets applicable requirements of the state health officer.
(2) “Bulk milk” means milk which has not yet been placed in the container in which the product will be offered for sale to consumers, retailers or institutions.
(3) “Commissioner” means the commissioner of agriculture of the State of Louisiana.
(4) “Person” means any individual, partnership, corporation, cooperative association, governmental agency, or other business entity.
(5) “Dairy farmer” means any person who produces bulk milk for sale to a processor. The term “dairy farmer” is used interchangeably with “milk producer”.
(6) “Processor” means a person who processes one or more dairy products or a person who purchases bulk milk for a dairy farmer for resale to a person who processes dairy products, or a person who purchases bulk milk from anyone for resale to a person who processes dairy products. The term “processor” does not include a person who purchases ice cream mix, or ice milk mix and whose processing activities are limited to converting such mix into a dairy product, all the sales of which are then made by such person to consumers at retail on the premises where such processing activities take place.
(7) “Distributor” means a person, other than a processor, who sells dairy products to one or more retail (home delivery) routes or to retailers, or to both.
(8) “Retailer” means any person who is engaged in transferring title to dairy products to consumers at a fixed place of business located in this state.
(9) “Supplier” means a processor or a distributor.
(10) “Dairy product” means any of the following:
(a) Homogenized milk, regular milk, pasteurized milk, special milk, buttermilk, cottage cheese, creole cream cheese, yogurt, flavored milk, flavored milk drink, skim milk, low-fat milk, fluid cream, concentrated milk, ice cream, fruit ice cream, nut ice cream, ice milk, malt ice cream, French ice cream, milk sherbets, mellorine, olarine, sherine, and the mix from which any such products are made.
(b) Any product which contains milk solids not fat, butterfat, or a milk derivative, and which is manufactured in the semblance of one of the products listed in the preceding subparagraph, provided, however, that the term “dairy products” shall not include butter, cheese (other than cottage cheese or creole cream cheese), nonfat dry milk, skim condensed milk, whole condensed milk, or sweetened condensed milk.
(11) “Marketwide pool” means that arrangement under which the same blend price is received by all dairy farmers supplying milk of equivalent butterfat content to those processors who are fully regulated by the same production stabilization plan.
(12) “Handler pool” means that arrangement under which the same blend price is received by all dairy farmers supplying milk of equivalent butterfat content to a processor.
(13) “Production marketing area” means that area within which minimum prices established by the commissioner shall be uniform.
(14) “Representative processors” means two large processors, two medium size processors, and two small processors selected by the board in accordance with any fair and reasonable procedure.
(15) “Institution” means a school, hospital, state agency, religious organization, charitable organization, or nursing home.
(16) “Board” means the “Dairy Stabilization Board”.
(17) “Cooperative” or “co-op” means any organization that meets the requirements of La. Rev. Stat. 3:131-149 and whose members are all dairy farmers.
(18) “Blend price” means the price received by the dairy farmer in payment for his bulk milk, which price reflects the manner in which the bulk milk was utilized either by the processor to whom the bulk milk was sold (handler pool) or by all processors regulated by the same production stabilization plan (marketwide pool).
(19) Repealed by Acts 1976, No. 695, §2.
(20) “Dairy farmer-processor” means a person who is both a dairy farmer and a processor. For the purposes of this subpart, a dairy farmer-processor is a dairy farmer in any sale of bulk milk produced by him to a processor, and is a processor in any processing, manufacturing, or sale of dairy products, or in any receipt of bulk milk from a source other than his own production.
Added by Acts 1974, No. 31, §1. Acts 1976, No. 695, §2; Acts 1985, No. 75, §1.