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§ 1942. Permissible Price Variations in Distributor's Price Schedules.

3 CA ADC § 1942Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 3. Milk Stabilization and Marketing of Milk and Dairy Products
Subchapter 1. Unlawful Practices in Marketing Milk and Dairy Products
Article 5. Terms and Conditions, Price Differences and Meeting Competition
3 CCR § 1942
§ 1942. Permissible Price Variations in Distributor's Price Schedules.
Currentness
(a) A distributor may vary prices to customers for milk, cream or any dairy product if such price variations, as contained in the distributor's established written price schedules, are based upon the following factors:
(1) Methods of Delivery - Price schedules may vary to reflect the following applicable methods of delivery only: at processor dock or nonprocessing depot; at customer's dock; delivery by limited service; and delivery by full service.
(2) Conditions of Sale - Price schedules may vary to reflect applicable conditions of sale.
(3) Classes of Trade - Price schedules may vary among the following classes of trade: retail stores, food service establishments, public agencies and private schools.
(A) “Food service establishments” as used in this section is defined as follows: establishments where dairy products are sold for consumption on the premises by the consumer.
(b) Wholesale Price Variations to Public Agencies and Private Schools:
(1) Wholesale prices for milk, cream or dairy products offered or established by a distributor for public agencies only, for a fixed term contract not to exceed one year, may vary from the distributor's regular wholesale price schedule.
(2) Such wholesale prices offered or established for public agencies shall be subject to the discriminatory pricing provisions as set forth in Section 61382, the below cost standards contained in sections 61383 and 61384, and to all other provisions of Chapter 1, Part 3, Division 21 of the Code.
(3) A distributor may, at a particular public agency location, meet a current lawful competitive price schedule, including conditions for the sale of milk or any dairy product, without alteration or amendment of the distributor's established wholesale price schedules for such milk or dairy products. When meeting a lawful competitive public agency fixed term price schedule, or a lawful bid or offer for a public agency fixed term contract, such schedule, bid or offer shall be met in its entirety, including all prices, terms and conditions.
(4) If a distributor offers or establishes wholesale prices for public agencies, the distributor may elect to offer such prices to private schools (as “private schools” is defined in subsection (5) of this section), subject to the same quantity and service conditions as are applicable to the distributor's public agency prices, and if so offered, public agency prices shall be applicable to all private schools serviced by the distributor. Public agency prices offered to private schools under this subsection shall be subject to all provisions of this section.
(5) “Private Schools” as used in this section is defined as follows:
(A) Non-public schools that offer instruction in or maintain grades kindergarten through high school (K-12) and provide non-profit food service or lunch programs; or
(B) Non-public post secondary educational institutions that offer the same academic degrees as public universities and colleges and provide a non-profit food service program.
(c) All price variations, within a distributor's price schedules, shall be based upon identifiable costs and shall otherwise conform to the requirements of Chapter 1, Part 3, Division 21 of the Code. Delivery cost factors shall be determined and applied on the basis of a single delivery at a single delivery location.

Credits

Note: Authority cited: Sections 407 and 61341, Food and Agricultural Code. Reference: Sections 61382, 61383 and 61384, Food and Agricultural Code.
History
1. New section filed 10-6-77; effective thirtieth day thereafter (Register 77, No. 41).
2. Amendment filed 6-12-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Repealer and new section filed 5-15-80; effective thirtieth day thereafter (Register 80, No. 20).
4. Amendment of note filed 10-25-82; effective thirtieth day thereafter (Register 82, No. 44).
5. Amendment of subsection (a) filed 9-1-83; effective thirtieth day thereafter (Register 83, No. 36).
6. Amendment filed 9-12-84; designated effective 11-1-84 (Register 84, No. 37).
7. Amendment of subsections (a) and (b) filed 7-15-91; operative 8-14-91 (Register 91, No. 43).
8. Amendment of subsections (b)(2) and (c) and amendment of Note filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1942, 3 CA ADC § 1942
End of Document