37-1003a DEFINITIONS.
FOOD, DRUGS, AND OIL
CHAPTER 10
DISCRIMINATION AND UNFAIR COMPETITION IN BUYING AND SELLING DAIRY PRODUCTS
37-1003a. Definitions. As used in the following sections of this chapter:
"Distributor" means any person, whether or not such person is a producer or an association of producers, who purchases or handles market milk, market cream, or dairy products for resale, including brokers, agents, copartnerships, cooperative corporation and incorporated and unincorporated associations. The definition of "distributor" shall not include any of the following: (1) any retail store which is not engaged in manufacturing, processing or bottling milk, cream or dairy products; (2) any establishment where milk, cream, or dairy products are sold only for consumption on the premises and which is not engaged in manufacturing, processing, or bottling of milk, cream or dairy products; and (3) any producer who delivers milk or cream only to a distributor or manufacturer.
"Manufacturer" means any person engaged in the business of manufacturing dairy products as said products are herein defined.
"Producer" means any person who operates a dairy herd or herds producing milk or cream commercially and whose milk or cream is received or handled by any distributor or manufacturer. "Producers" includes any association of producers.
"Producer-distributor" means any person who is both a producer of milk or cream and a distributor of milk, cream or dairy products. For the purpose of this chapter a "producer-distributor" shall be deemed to be a producer in any transaction involving the delivering of milk or cream produced by him to a distributor or manufacturer, and shall be deemed to be a distributor in any transaction involving the sale of milk, cream, or dairy products to a person who is not a distributor as defined in this section.
"Retail store" means any person or persons owning or operating a retail grocery store, restaurant, confectionery, or other similar business where milk, cream, or dairy products are sold to the general public.
"Wholesale customer" means any person who buys milk, cream or dairy products from a distributor or manufacturer for resale to consumers.
"Consumer" means any person who buys milk, cream or dairy products for consumption and not for resale.