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32.12 Evidence of discrimination; cost of transportation; competition.

Subdivision 1. Prima facie evidence. Proof that any person, firm, copartnership, or corporation has paid a higher price for milk or cream or butterfat in one locality or to one person in the same locality than to another, or to another person in the same locality, after due allowance for the reasonable cost of transportation has been made, shall be prima facie evidence of the violation of section 32.11.

Subd. 2. Reasonable transportation cost. Wherever the transportation cost actually paid for hauling cream shall be two cents or more per pound for butterfat therein contained, and 15 cents per one hundred pounds for transportation of whole milk, such transportation charge shall be deemed a compliance with the terms of section 32.11 as to reasonable cost of transportation.

Subd. 3. Meeting competition. It shall not be unfair discrimination for any person to pay, in any section, locality, community, or city in this state, a price equal to that actually paid on the same day by any bona fide competitor in such place for milk, cream or butterfat of the same kind, quality and grade, provided such price is paid in a good faith effort to meet such competition, but the burden of proving such facts shall be upon the person charged with violation of section 32.11.

HIST: (3908) 1921 c 305 s 2; 1955 c 876 s 2; 1973 c 123 art 5 s 7

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Revisor of Statutes