1. No distributor or retailer may sell fluid milk, fluid cream or any fresh dairy product below cost.
2. Each distributor shall provide to the Director a statement of costs in accordance with the appropriate stabilization and marketing plan.
3. The provisions of this section do not prohibit a retailer from donating or discounting a dairy product within 48 hours before midnight of the date of expiration printed on the dairy product.
4. As used in this section, “cost” means:
(a) When applied to a distributor, the total consideration paid or exchanged for a raw product, plus the total expense incurred for manufacturing, processing, handling, sale and delivery of the raw product.
(b) When applied to a retailer, the invoice price charged to the retailer for the raw product or the cost of replacement of the raw product, whichever is less, plus the retailer’s cost of doing business.