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50-502. Same; definitions. (a) The term "dairy products" shall include milk, milk without butterfat, cream, combinations of milk and cream, evaporated milk, condensed milk, flavored milk, milk drinks, buttermilk, cottage cheese, butter, ice milk as defined in K.S.A. 65-771, and amendments thereto, and ice cream.

(b) The term "distributor" means any person engaged in the business of distributing dairy products for resale.

(c) The term "person" shall include individuals, partnerships, associations, firms and corporations.

(d) The term "processor" means any person engaged in the business of processing or manufacturing dairy products.

(e) The term "retail dealer" shall mean any person who sells or distributes dairy products at retail to the consumer: Except, That the term "retail dealer" shall not include any person who is engaged in the distribution of dairy products direct to consumers on army, navy, or air force bases, or United States government reservations or hospitals, schools, and other government agencies or any school, college or university in this state whether public, private or parochial. Wholesalers, processors, or distributors who are also engaged in making home deliveries of dairy products shall not, for the purpose of this act, be deemed retail dealers.

(f) The term "wholesaler" means any person engaged in the business of selling dairy products for resale.

History: L. 1957, ch. 309, § 2; L. 1958, ch. 17, § 1 (Special Session); L. 2001, ch. 32, § 22; July 1.

CASE ANNOTATIONS

1. Mentioned in discussing act while holding part of K.S.A. 50-503 unconstitutional. State, ex rel., v. Fleming Co., 184 Kan. 674, 676, 684, 339 P.2d 12.

2. Subsections (b), (d) and (f) considered in upholding constitutionality of K.S.A. 50-503 (a). State, ex rel., v. Fairmont Foods Co., 196 Kan. 73, 83, 410 P.2d 308.


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