Regarding Milk Based Supplement Shakes, Milk Based Protein Drinks, and Other Products

Recently, we have had some inquiries about whether wholesale prices for these types of drinks should be posted with this office.

Based on our review of some of these products, if the main or leading ingredient on the label is “milk, skim milk”, or other products currently regulated by the Colorado Milk Marketing Order the wholesale prices of these products should be posted with this office, and they are subject to the assessment. The general guidance is if these products contain 50% or more of milk products currently regulated by The Colorado Milk Order the prices must be posted with this office.

The Milk Order, Section I, Paragraph 4 (page 2) states,

“MILK” means the lacteal secretion obtained by the milking of one or more cows and reconstituted milk derived from the recombining of dry milk solids, evaporated or condensed milk with water, and which is pasteurized or otherwise processed for sale as fluid milk in its several forms, whether cultured or added bacteria or other ingredients regardless of grade or fat content, including whole milk, low fat milk, cream, chocolate milk, plain buttermilk, skim milk, special or premium milk, flavored milk or milk drinks, sterile milk, dietary modified milk, liquid milk shake mix, flavored milk or milk drinks,… and other milk-cream mixtures.

“MILK PRODUCTS” means ice cream, ice cream mixes, sherbet, sherbet mixes, ice milk, ice milk mixes, sour cream, cottage cheese and similar substances, mixtures or compounds, regardless of the name under which they are sold.”

In view of the above definitions please comply with price posting and assessment requirements of the Colorado Milk Marketing Order.

Peter Hunkar
Director
Colorado Milk Marketing Board