37-1001 DISCRIMINATION BY BUYING AT HIGHER PRICE -- PRIMA FACIE EVIDENCE -- GRADES OF CREAM.
FOOD, DRUGS, AND OIL
CHAPTER 10
DISCRIMINATION AND UNFAIR COMPETITION IN BUYING AND SELLING DAIRY PRODUCTS
37-1001. Discrimination by buying at higher price -- Prima facie evidence -- Grades of cream. a. Any person, firm, corporation or other organization, foreign or domestic, engaged in the business of buying milk, cream or butter fat for the purpose of manufacture, that shall discriminate between different sections, communities, towns, villages or cities of this state, by buying such commodity at a higher price or rate in one (1) section, community, town, village or city, than is paid for the same commodity by said firm, person, corporation or other organization in another section, community, town, village or city, after making due allowance for the difference, if any, in the actual cost of transportation from the point of purchase to the locality of manufacture, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful.
b. Proof of the buying of any such commodity for the purpose of manufacture, by any person, firm, corporation or other organization at a higher price or rate in one (1) section, community, town, village or city of this state than is paid for the same commodity by the said person, firm, corporation or other organization in another section, community, town, village or city in this state after making due allowance for the difference, if any, in the actual cost of transportation from the point of purchase to the locality of manufacture, shall constitute prima facie evidence of a violation of this section.
c. Two (2) grades of cream shall be recognized in the enforcement of this chapter: to be designated as sweet cream and sour cream. Sweet cream within the meaning of this chapter shall be cream having a clean flavor, not more than two-tenths per cent (.2%) acidity, and not less than twenty-five per cent (25%) butter fat. Sour cream within the meaning of this chapter shall be cream showing more than two-tenths per cent (.2%) acidity or less than twenty-five per cent (25%) butter fat.