Trade Practices - Dairy Plant Default

Docket No. 1814
Where the Department ordered payment of a claim in the amount of $1,831.17 to Tri-State Milk Cooperative for failure to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., such order only affected the license issued to the dairy plant under ss. 97.20 and 100.06, Stats., and had no effect upon other licenses issued by the Department to the president of the dairy plant.  In the Matter of Claims of Producers for Milk and Cream Sold to Point Cheese Factory, Inc.  Docket No. 1814  (June 28, 1986).

Docket No. 1804
The Department ordered payment of claims to 80 milk producers for failure to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., in the total amount of $200,817.30.  In the Matter of Claims of Producers for Milk and Cream Sold to Whey Corporation d/b/a Elmdale Cheese/Whey.  Docket No. 1804  (October 31, 1985).

Docket No. 1803
The Department ordered payments of undisputed allowable claims in the amount of $865,567.61 to producers, agents or assignees of producers for failure to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., from approximately $940,000 collected by the Trade and Consumer Protection Division and ordered the Division to hold the residue of monies collected in escrow pending final order adjudicating disputed claims of $7,361.75 and a non-producer claim for $490,211 plus interest.  In the Matter of Producers for Milk and Cream Sold to A.F. Schulz Creamery, Inc.  Docket No. 1803  (February 26, 1986).

Docket No. 1802
The Department ordered payments of claims in the amount of $354,031.58 to producers, agents or assignees of producers for failure to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., but disallowed a claim where the claimant was neither a producer nor had an agency contract with producers but had a direct contract with the dairy plant.  In the Matter of Claims of Producers for Milk and Cream Sold to Stewart/PMC.  Docket No. 1802  (June 16, 1986).

Docket No. 1763
The Department ordered payments of claims in the amount of $5,951.25 to the NFO Members' Dairy Custodial Account for failure to make timely payment for milk purchased from NFO producer members when such payment became due and applicable, pursuant to s. 100.06, Stats.  In the Matter of the Claims of Producers for Milk and Cream Sold to Feta Wisconsin, Inc., a/k/a Alexander Cheese Corp., a/k/a Jordan Cheese Corp.  Docket No. 1763  (May 14, 1985).

Docket No. 1707
The Department ordered payments of claims in the amount of $274,739.26 to the NFO Members' Dairy Custodial Account for failure to make timely payment for milk purchased from NFO producer members when such payment became due and applicable, pursuant to s. 100.06, Stats., but disallowed claims in the amount of $99,926.81, based on amounts that were due and payable more than 30 days prior to receipt of written notice of default.  In the Matter of the Claims of Producers for Milk and Cream Sold to Knetter Cheese Company, Inc., Cameron, Wisconsin.  Docket No. 1707 (June 14, 1984).

Docket No. 1660
The Department ordered payments of claims to producers, agents or assignees of producers in the amount of $231,141.18 for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats.  In the Matter of Claims of Producers for Milk and Cream Sold to Sigel Cheese, Inc., Wisconsin Rapids, Wisconsin.  Docket No. 1660.  (January 23, 1984).

Docket No. 1413
The Department ordered payment of a claim in the amount of $115,328.84 to the National Farmers Organization for the dairy plant's failure to make timely payment for milk purchased from NFO producer members, under a negotiated contract price with NFO, when such payment became due and applicable, pursuant to s. 100.06, Stats., but disallowed a claim from a non-producer for a claim not involving the sale of milk or cream.  In the Matter of Claims of Producers of Milk and Cream Sold to Gruber Brothers Dairy, Inc.  Docket No. 1413 (October 31, 1980).

Docket No. 1404
The Department ordered payments of claims to producers, agents or assignees of producers for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., but disallowed a claim where the claim was based on product not sold to the plant, the claim was filed late, was not a producer claim and was for products produced from milk delivered to and purchased by the claimant from its own producers.  In the Matter of Claims of Producers for Milk and Cream Sold to Mishicot Modern Dairy, Inc.  Docket No. 1404 (August 10, 1979).

Docket No. 1403
The Department ordered payments of claims to producers, agents or assignees of producers for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., but disallowed two claims which were the direct obligation of producers to the claimants.  In the Matter of Claims of Producers for Milk and Cream Sold to Daisy Dairy Company, Inc.  Docket No. 1403 (August 10, 1979).

Docket No. 1281
The Department ordered payments of claims to producers, agents or assignees of producers in the amount of $7,908.96 for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., according to competitive pay price in the area during the period.  In the Matter of Claims of Producers for Milk and Cream Sold to Clovery Hill Cooperative Cheese Factory.  Docket No. 1281  (April 27, 1977).

Docket No. 1199
The Department ordered payments of claims to producers, agents or assignees of producers in the amount of $107,907.94 for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats.2, except for claims based on amounts that were due and payable more than 30 days prior to receipt of written notice of default or those claimed as having been deducted from amounts paid to the producer but were not deducted.  In the Matter of Claims of Producers for Milk and Cream Sold to Gruber Bros. Dairy.  Docket No. 1199  (December 23, 1975).

Docket No. 1138
The Department ordered payments of claims to producers for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats.  In the Matter of Claims of Producers for Milk and Cream Sold to Werner A Sulzer d/b/a Petersburg Cheese Factory.  Docket No. 1138  (October 14, 1974).

Docket No. 640
The Department ordered payments of claims to producers, agents and assignees for failure of the dairy plant to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats.  In the Matter of the Claims of Producers for Milk Sold to Ceylon Greunke as Operator of the Maple Grove Cheese Factory, Milladore, Wisconsin.  Docket No. 640  (August 24, 1962).

Docket No. 98-C-49
The Department ordered payments of claims to milk producers for failure to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., in the total amount of  $439,544.34, including interest through May 31, 1999. The Department further ordered, based upon the failure of the trustees to faithfully discharge their duties under the trust agreement, ch. ATCP 100, Wis. Adm. Code, and s. 100.06, Stats., the trustees and their sureties to pay $439,544.34 in satisfaction of the total allowed claims including interest through May 31, 1999. In the Matter of Claims of Producers For Milk and Cream Sold to Dairy Maid Cooperative (Licensed Under A Dairy Plant Trusteeship), Augusta, Wisconsin, Respondent. Docket No. 98-C-49 (February 1, 2000).

Docket No. 2332
The Department ordered payment of claims to 12 milk producers for failure to make timely payment for milk purchased when such payment became due and applicable, pursuant to s. 100.06, Stats., in the total amount of $219,818.11, but disallowed involving volume premiums already calculated and quality premiums which were not substantiated by laboratory test results.  In the Matter of Claims of Producers for Milk and Cream Sold to Seeger's Dairy, Inc., Respondent.  Docket No. 2332 (July 6, 1992).