416.410. Definitions.
Definitions.
416.410. As used in sections 416.410 to 416.560 thefollowing terms are construed to have the following meanings,except in those instances where the context clearly indicatesotherwise:
(1) "Bulk milk", milk in bulk form, in cans, tank cars ortank trucks that is furnished to a processor for the purpose ofprocessing and manufacture into milk products;
(2) "Bulk milk handler", any person engaged in the businessof transferring title to bulk milk to a processor, except acooperative association organized under the laws of this state;
(3) "Cost to the bulk milk handler", the price paid dairyfarmers for the milk, plus receiving plant charge or a reasonablecharge to cover all costs of operating his own receiving plant,plus transportation cost to the point of delivery to thepurchaser;
(4) "Cost to the processor or distributor", the price paidfor raw materials, plus the cost of doing business, which shallinclude labor, salaries paid executives and officers, rent,interest, depreciation, power, supplies, maintenance ofequipment, selling costs, advertising, transportation anddelivery costs, credit losses, all types of permits and licensefees, all taxes, insurance, and all overhead expenses of theprocessor or distributor;
(5) "Cost to the retailer", the invoice price paid by theretailer plus the retailer's cost of doing business. In theabsence of specific evidence the cost of doing business shall bepresumed to be eight percent of the invoice price, and this costshall be calculated to the nearest half cent per sales unit;
(6) "Director", the director of the department ofagriculture;
(7) "Distributor", any person, other than a bulk milkhandler, engaged in the business of transferring title within thestate to milk products for a consideration, where the product isto be sold for resale or further processing;
(8) "Market milk", milk disposed of in fluid form and whichis approved by an appropriate city, county or state healthauthority for distribution and sale in fluid form in any part ofthe state of Missouri;
(9) "Milk products", market milk, pasteurized milk, vitaminD milk, homogenized milk, flavored milk or flavored milk drinks,sweet cream, whipping cream, homogenized cream, skim milk,buttermilk, and cultured buttermilk;
(10) "Nonprocessing retailer", any person, not a processor,engaged in the business of transferring title within the state tomilk products for a consideration where such product is to beused or consumed by the purchaser and is not to be resold or usedfor the purpose of manufacture or further processing;
(11) "Processor", any person engaged in the business ofprocessing or packaging bulk milk or other materials into milkproducts.
(L. 1959 H.B. 255 § 1, A.L. 1963 p. 643, A.L. 1982 H.B. 1100)