A milk stabilization plan established in accordance with section 4.1-26-10 may permit processors and distributors to provide quantity discounts to retailers, in connection with the sales of milk products and frozen dairy products.

1.    If quantity discounts are permitted, the milk stabilization plan must include for each retailer:

a.    A quantity discount rate for purchases of milk products that is based upon the retailer’s total purchases of milk products from all suppliers, during an established base period of one, three, six, or twelve months; and

b.    A quantity discount rate for purchases of frozen dairy products that is based upon the retailer’s total purchases of frozen dairy products from all suppliers, during an established base period of one, three, six, or twelve months.

2.    Any processor or distributor delivering milk products or frozen dairy products to an eligible retailer may provide the quantity discounts regardless of the product quantities actually purchased by the eligible retailer from a processor or distributor.

3.    If a retailer operates two or more separate places of business, the quantity discount rate must be applied to each place of business and based upon the quantity of milk products or frozen dairy products that the retailer purchased for resale at each place of business.