7 §2981. Definitions

§2981. Definitions Unless the context otherwise indicates, the definitions contained in section 2951 shall apply to this chapter.   [PL 1983, c. 484, §2 (NEW).] SECTION HISTORY PL 1983, c. 484, §2 (NEW).

7 §2982. Applicability; authority

§2982. Applicability; authority Dealers shall observe this chapter only when no applicable minimum dealer price for milk established under chapter 603 is in effect. Retail stores shall observe this chapter only when no applicable minimum retail price or minimum retail margin for milk established under chapter 603 is in effect. This chapter shall be administered […]

7 §2983. Selling below cost

§2983. Selling below cost It is unlawful for any dealer or retail store to sell milk for fluid consumption at less than the cost thereof to the dealer or retail store with the purpose or intent to injure competitors or destroy competition. In all proceedings brought to enforce this section, proof of consistent and repeated […]

7 §2984. Cost of milk to a dealer

§2984. Cost of milk to a dealer “Cost of milk to a dealer” means the dealer’s raw product cost, plus any shrinkage allowance permitted by the commission, to which shall be added the dealer’s expenses directly and indirectly incurred in receiving, processing, packaging and delivering milk. Without limitation, these expenses shall include labor, including salaries […]

7 §2985. Cost of milk to a retail store

§2985. Cost of milk to a retail store “Cost of milk to a retail store” means the price paid by a retail store to a dealer for fluid milk, to which shall be added the retail store’s expenses directly and indirectly incurred in shipping, handling and selling fluid milk. Without limitation, these expenses shall include […]

7 §2986. Investigations; hearings; inspections

§2986. Investigations; hearings; inspections 1.  Investigatory powers.  To aid the commission in determining if a dealer or retail store is selling fluid milk below cost, the commission may:   A. Conduct investigations and hearings;   [PL 2005, c. 382, Pt. F, §24 (NEW).] B. Subpoena and examine under oath persons possessing relevant information, including, but […]

7 §2987. Rules

§2987. Rules The commission may adopt all rules establishing or relating to hearing procedures, cost accounting and the collection of information as may be necessary to carry out this chapter.   [PL 1983, c. 484, §2 (NEW).] SECTION HISTORY PL 1983, c. 484, §2 (NEW).

7 §2988. Civil action by injured person

§2988. Civil action by injured person 1.  Injunctive relief; damages and costs.  Any person damaged or who is threatened with loss or injury by reason of a violation of section 2983 may bring a civil action in the Superior Court in the county where the person resides, to prevent, restrain or enjoin the violation or […]

7 §2989. Civil action by the commission

§2989. Civil action by the commission 1.  Civil penalties.  Any dealer or retail store which violates section 2983 shall be subject to the following civil penalties, to be collected by the commission in a civil action:   A. For the first violation, a civil penalty not to exceed $1,000; and   [PL 1983, c. 484, […]