Dairy Trade Practices

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Dairy trade practice​s are governed by Wis. Stat. § 100.201 and ​Wis. Admin. Code ch. ATCP 103. Key provisions of these regulations include but are not limited to:

  • "Select dairy products" are defined as:
    • ​Milk
    • Skim milk​
    • Fortified milk
    • Flavored skim milk
    • Buttermilk
    • Cream
    • Sour cream
    • ​Half and half
    • Whipping cream
    • Whipped cream
    • Cottage cheese
    • Ice cream​
    • ​​​​Ice milk
    • Sherbet
    • Custard
    • Water ices
    • ​Quiescently frozen dessert novelties manufactured from such products
    • Low-fat milk
    • Yogurt or yoghurt
    • Frozen yogurt​
  • Dairy wholesalers must publish a Price List for their "se​lect dairy products," including:
    • ​Effective date
    • Delivery terms
    • Discount/rebate sch​edule​​​s

  • Dairy whole​salers may not discriminate in price between different purchasers of select dairy products where the effect of such discrimination may be to lessen competition.​

  • Dairy who​lesalers may not make payments to retailers as rental for the storage or display of selected dairy products​.

  • With certain exceptions, dairy wholesalers may not furnish, sell, lease, or rent equipment for the storage and display of selected dairy products​.

  • Dairy wholesalers may not extend credit to retailers in excess of 30 days payable 15 days thereafter.

  • ​Any payments, discounts, rebates, allowances, etc., that dairy wholesalers offer to retailers (or other persons) must be offered to all retailers on a proportionately equal basis.

  • ​A Dairy Trade Practices Monthly Report and Fee Statement along with appropriate fees must be submitted to the Wisconsin Depa​rtment of Agriculture, Trade and Consumer Protection (DATCP)​ for the prior month's sales in the state of Wisconsin.

Enforcement of ​​the Law

Compliance examinations of dairy wholesalers are routinely conducted and authorized under Wis. Stat. § 100.201.  Compliance is established through the review of records such as: price lists, sales agreements, accounting system audits, and retailer invoices​.


Penalties for violations of this law may range from: an agency-issued cease and desist order to a court-ordered civil forfeiture of $100 to $5,000 per violation. Court actions are generally commenced by the district attorney in the county where the alleged violation occurred.  Companies injured by a violation of this law may also sue privately for treble damages.​