September 2019

Scan Based Trading (SBT) Involving Limited Service Delivery Wholesale Customers in Colorado

September 10, 2019

Upon reviewing the “Limited Service Delivery” section of the Colorado Milk Marketing Order which states as follows:

Limited Service Delivery means the transfer of milk or milk products to a customer at the door, loading platform or walk in refrigerated cooler of the customer’s permanent place of business, with the customer assuming full responsibility for such milk or milk product at the time of delivery (except for products determined to be defective at the time of delivery and returned by the customer not later than the fifth day following the date of delivery).

Home Delivery to Commercial Establishments

September 9, 2019

Recently, we have had some inquiries regarding businesses involved in the delivery of dairy products from businesses to commercial establishments.

The review by the Milk Board has provided the following guidance:

The Colorado Milk Order, promulgated under the Marketing Act of 1939 (35-28-101 through 123, C.R.S.), defines “Distributor” as any person, other than a handler, producer-handler, or handler-distributor, engaged in the operation of selling, marketing, or distributing milk or milk products other than at retail in the State of Colorado which he or she has purchased or acquired from a handler, producer-handler, or a handler-distributor, whether as owner, agent, broker, or otherwise, and shall include a person who has milk processed for him by a handler.