Chapter 901:11-6 Dairy Product Dealer Records

901:11-6-06 Dealer's records.

(A) Each dealer licensed under sections 917.01 to 917.23 of the Revised Code of Ohio, shall keep on file at least six months the licensed weigher's daily weigh sheet and the licensed tester's reports of butterfat tests of milk and cream.

(B) The dealer's records shall also show the name of each producer, the weight of each delivery, the basic butterfat test and butterfat differential for milk testing above or below the basic test, prices used in calculating the value of all milk or cream, the quantities or percentages of milk or cream to which each applies, and the amount and nature of any deductions therefrom.

(C) The dealers shall keep such records as will reveal the utilization of all milk and cream purchased and produced, i.e., for fluid milk, for fluid cream, for manufacturing or other purposes, and the amounts used for each purpose.

(D) Each dealer shall file reports with the director or forms prescribed by the director containing:

(1) The method or methods used by the dairy in purchasing milk and cream from producers; the total amount of milk purchased from (a) producers, (b) receiving stations, and (c) other sources, and the butterfat therein; and the total amount of butterfat in cream purchased.

(2) The price or prices used in determining the payment or payments to producers or their agents; the total value of butterfat added or deducted from the total value of the milk at the basic test; and the total of all premiums paid to producers or their agent.

(3) The number of producers from whom milk was purchased and the number of producers from whom cream was purchased.

(4) The amount of milk distributed as fluid milk; the milk equivalent of cream distributed as fluid cream; and the amount of milk and milk equivalent of cream utilized for each use when such use is a factor on computing payments to producers or their agents.

(5) The amount of dairy products processed.

(6) Other such information as the director may from time to time find necessary to effectuate the purposes of this act.

All such information shall be furnished by each dealer at such times and cover such a period as will clearly reveal the method of purchase and the payments made or due each producer or his agent, but any such period shall not be longer than one calendar month.

(E) The director of agriculture shall designate market areas. Licensed dealers in a market area may report to a person, firm or association within the market area provided the director approves the person, firm or association to receive and compile dealers reports. Reports so filed in the market area shall also be tabulated and combined in a manner not disagreeable to the director of agriculture, and a copy of such combined reports shall be transmitted to the director or the resident agricultural statistician, agricultural marketing service, United States department of agriculture. Any dealer in the market area who does not report to a person, firm or association approved by the director shall file such reports with the director or the resident agricultural statistician.

(F) If a dealer is reporting to a central agency, referred to above as a person, firm or association, within a market area, the information on prices paid producers and the method of computation of payment to producers must be made available to the director by that central agency concerning each individual dealer included in the group report submitted by that central agency.

(G) The dealer shall furnish to the producer at least monthly a statement bearing the name of such producer, the weight of each delivery, unless previously furnished, the basic butterfat test and butterfat differential for milk testing above or below the basic test, prices used in calculating the value of all milk or cream the quantities or percentages of milk or cream to which each price applies, the amount and nature of any deductions therefrom unless an itemized statement of deductions was previously made.

(Terms herein used are those defined in section 917.01 of the Revised Code.)

Replaces : 901:3-25-06

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.03
Prior Effective Dates: 07/15/98, 11/18/02, 06/06/2005