(a) It shall be unlawful for any person, firm, or corporation, or combination thereof, engaged in this state in the business of processing or distributing fresh milk, either at retail or wholesale, to sell, offer for sale, or advertise for sale, fresh milk at less than four percent (4%) over and above the cost of purchasing, processing, and distributing the fresh milk, either at wholesale or retail, unless the sale, offer for sale, or advertisement for sale at less than cost plus four percent (4%) is for the purpose of meeting equivalent competitive prices of a processor or distributor in any county.
(b) Equivalent competitive prices, as used in this section, means any legal wholesale or retail price, not less than the minimum prices provided herein, at which fresh fluid milk is sold, advertised, or offered for sale by the competitor who sells not less than five percent (5%) of the total fresh fluid milk sales in that county.
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