§ 253 — Definitions

§ 253. Definitions. As used in this article unless otherwise expressly\nstated, or unless the context or subject matter otherwise requires:\n 1. "Division" means the division of milk control created by this\narticle.\n 2. "Director" means the director of the division of milk control.\n 3. "Person" means any person, firm, corporation, co-partnership,\nassociation, co-operative corporation or unincorporated co-operative\nassociation.\n 4. "Milk dealer" means any person who purchases, handles or sells\nmilk, or bargains for the purchase or sale of milk, including brokers\nand agents. Each corporation which if a natural person would be a milk\ndealer within the meaning of this article, and any subsidiary and\naffiliate of such corporation similarly engaged, shall be deemed a milk\ndealer within the meaning of this definition. A hotel or restaurant\nwhich sells only milk consumed on the premises where sold, or a producer\nwho delivers milk only to a milk dealer, or a person who purchases milk\nfrom licensed dealers to be combined by him with non dairy products in\nthe manufacture of candy, soup or other food products (except melloream)\nshall not be deemed a milk dealer.\n 6. "Licensee" means a licensed milk dealer.\n 7. "Milk", for the purposes of this article, means all skim milk\nresulting from the separation of butterfat from whole milk, or resulting\nfrom reconstituting or recombining nonfat milk solids with water, and\nall butterfat in the form of or contained in milk, homogenized milk,\nvitamin D milk, vitamin-mineral fortified milk, flavored milk,\nstandardized milk, concentrated milk in consumer packages, fluid skim\nmilk, modified skim milk, skim milk drinks, buttermilk, fresh cream,\nhalf and half, or any product or products having the appearance and\ntaste of any of the above, regardless of the name by which they are\nlabeled or represented. It includes such skim milk and butterfat\ncontained in melloream whose appearance, odor or taste is similar to any\nof the aforesaid. In each instance where quantity is referred to the\nintent is to include the combined product pounds of skim milk and\nbutterfat contained therein.\n 8. "Producer" means a person producing milk.\n 9. "Consumer" means any person other than a milk dealer who purchases\nmilk for fluid consumption.\n 10. "Store" means an individual business establishment at one location\nincluding a grocery store, hotel, restaurant, soda fountain, dairy\nproducts store, automatic milk vending machine, gasoline station or a\nsimilar mercantile establishment offering goods and/or services at\nretail to individual consumers. The commissioner may after due notice\nand public hearing define as a store such other mercantile establishment\nas he finds conforms to the definition as herein provided.\n 11. "Milk broker" means any person who buys and sells milk for\nlicensees on a fee or commission basis or who arranges for or negotiates\ncontracts to buy or sell milk among licensees.\n