Department of Agriculture, Trade and Consumer Protection

​​​​​​​​​​​​​​​​​Bureau Home​​   /   Trade ​Practices   /   Dairy Trade Prac​tices​​

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

Penalties