Approval Procedure

(1) The Department shall have ten business days from receipt of the Campaign Notice to review and respond with a request for additional information if necessary or issue a Notice of Determination. The review shall determine whether the coupon will result in a below cost sale of milk, and whether the Marketing or Promotion Campaign is a predatory campaign. (2) In making a determination regarding a below-cost sale of milk, the Department shall consider the analysis provided for in M.G.L. c. 94A, § 14(d) and any amendments thereto and the price impact of the coupon. (3) Criteria used to make a determination whether the Marketing or Promotion Campaign is a Predatory Campaign include the existence of a Fair Market Area, the quantity and category of milk included in the Campaign Notice, the method or device used as a coupon and the degree to which the applicant has demonstrated that the Marketing or Promotion Campaign is not a predatory campaign. (4) If the Department fails to issue a Notice of Determination within ten business days, the coupon shall be deemed approved without restriction. (5) Notice of Determination shall state the approval, approval with restrictions, or disapproval of a coupon identified in the marketing campaign notice. Restrictions may include Fair Market Areas, methods or devices, quantities and categories of milk, methods or devices employed, value of the coupon or price of the milk. Disapprovals may result from the below cost sale of milk or due to a determination that the Marketing Campaign is a Predatory Campaign.