reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-08 - Hauling rates from farm to plant

Current through Supplement No. 393, July, 2024
Any substantial or significant increase or raising of rates
				  charged to dairy farmers for hauling their milk from farm to plant after the
				  effective date of this stabilization plan and without good cause shown may be
				  considered to be dilution of the prices paid said dairy farmers for their raw
				  milk and subject to investigation by the board to determine if there is a
				  violation of this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-09 - Products not specified

Current through Supplement No. 393, July, 2024
Any unassigned quantity of new products hereafter marketed
				  but not specifically priced under this plan shall be assigned a price which
				  will be the logical multiple or fraction of the nearest quantity of product to
				  which a specific price has been fixed by this stabilization plan, until a
				  specific price is ordered by this board as a result of the regular hearing
				  procedure and based upon actual cost experience of the industry. This board
				  must be given thirty days' written notice prior to the introduction of a new
				  product in the market area.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-10 - Minimum wholesale and retail prices for class I milk products - Market area 1

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-11 - Minimum wholesale and retail prices for class II milk products - Market area 1

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-12 - Minimum wholesale prices for shake and soft serve mix

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-12.1 - Authorized discounts on milk products - Market area 1

Current through Supplement No. 393, July, 2024
The following authorized maximum volume discounts are
				  authorized on sales of milk products. Said discounts must be based upon the
				  average total monthly purchases of milk products from all suppliers for the
				  preceding year.
Discount Rate
Monthly Volume
Full Service
Limited Service
0 gal. to 799 gal.
0%
3%
800 gal. to 1600 gal.
2%
5%
1601 gal. to 2400 gal.
3%
6%
2401 gal. to 3200 gal.
4%
7%
3201 gal. to 8000 gal.
5%
9%
8001 gal. and over
7%
11%
A limited service program should be authorized in market area
				  1 for grocery store retailers. This limited service program should consist of
				  the following:
1. Maximum delivery of
				three times per week to store cooler.
2. All orders preordered prior to delivery.
3. No in-store service, i.e.,
				cleaning cases, stamping products, etc.
4. Personnel for store resets will be limited
				to dairy case setting only.
5. No
				returns on merchandise, except when product is found to be damaged or defective
				at time of delivery check-in.
6.
				No callback on delivery days.
7.
				No volume discounts from processors or distributors will be allowed on charged
				sales not paid by a retailer within four weeks (twenty-eight days) of the
				statement date. All statements must be on a weekly basis, the weekly cutoff
				date must remain the same.
A full service program should be authorized in market area 1
				  for retailers whose total monthly purchases of milk products from all suppliers
				  for the preceding year exceed eight hundred gallons [3028.33 liters] per month.
				  This full service program should consist of the following:
1. Supplier will be responsible for
				maintaining adequate supply of product.
2. Product will be stocked and displayed on
				delivery days.
3. Product will be
				sold on a guaranteed sales basis.
4. Personnel for store resets will be limited
				to dairy case resets only.
5. No
				volume discounts from processors or distributors will be allowed on charged
				sales not paid by a retailer within four weeks (twenty-eight days) of the
				statement date. All statements must be on a weekly basis, the weekly cutoff
				date must remain the same.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-12.2 - Minimum dock pickup provisions - Market area 1

Current through Supplement No. 393, July, 2024
Market area 1 will have a minimum dock pickup price list as
				  determined by subsection 11 of twelve percent or twenty-three percent off the
				  respective market areas minimum established wholesale price list (except
				  cultured products) less an additional two percent prompt payment. Prices will
				  change as per section 51-03-02-06. The following
				  stipulations apply to receive this dock price:
1. "Dock" means dock at the plant of a
				processor where milk products are actually processed and packaged.
2. Hauling of milk products must be done with
				refrigerated truck equipment that is contracted with a third party or is owned
				and operated or a lease purchase option that is operated by the same
				corporation or owner that owns the retail outlet. Refrigerated truck equipment,
				whether owned or contracted, must comply with regulations defined by federal
				and North Dakota state agencies.
3. This program will be available to any
				single retail place of business and no combination orders by multiple retail
				places of business shall be permitted.
4. On all charge sales by retailer not paid
				for within fourteen days from statement date, processor will charge retailer
				the difference between dock pickup price and wholesale price.
5. All orders must be preordered by retailers
				prior to dock pickup.
6. No
				in-store service, i.e., cleaning cases, stamping products, etc., shall be
				provided by processors.
7.
				Processor personnel for store resets will be limited to dairy case setting
				only.
8. No returns on merchandise
				shall be made by processors, except when product isfound to be damaged or
				defective at time of dock pickup.
9. Delivery of product by processor due to
				incorrect ordering by customer or special orders shall be charged at wholesale
				price less appropriate volume discount.
10. All contracts between processors and
				retailers under this program shall:
a.
				Require delivery at destination being the retailer's place of business;
b. Provide that title to said milk
				products shall pass from the seller (processor) to the buyer (retailer) upon
				delivery at the buyer's place of business; and
c. Provide that the place where the sale of
				said milk products occurs shall be at the retailer's place of business.
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-14 - Authorized discounts for prompt payment

Current through Supplement No. 393, July, 2024
Processors and distributors may grant a two percent discount
				  to retailers who make timely payment for milk products, shake, soft serve mix,
				  and frozen dairy products within fourteen days of the statement date. All
				  statements shall be on a weekly basis, and the weekly cutoff date shall remain
				  the same. Said discount may not be allowed if a retailer is participating in a
				  central billing service plan as permitted by section 51-02-02-12.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-15 - Formula to determine changes in the class I wholesale and retail prices

Current through Supplement No. 393, July, 2024
Based upon the class I formula as ordered in section 51-03-02-06, for each
				  hundredweight price change to dairy farmers for raw milk or an increase or
				  decrease of $.001 in the federal market order number 30 butterfat differential
				  based on $.053, the following factors will be used in determining adjustments
				  in the class I wholesale and retail prices. If the first of the month falls on
				  a Monday, Tuesday, or Wednesday, minimum wholesale and retail prices go in
				  effect that Monday. If the first of the month falls on a Thursday, Friday,
				  Saturday, or Sunday, minimum wholesale and retail prices go in effect the
				  following Monday.
Item
Hundredweight Factor
B.F. Factor
Whole milk 1/2 gallon
$.0098900
$(.0001075)
2% milk
.0099130
(.0006465)
1% milk
.0099130
(.0010775)
Skim milk
.0099245
(.0012945)
Buttermilk
.0099245
(.0012945)
Whole chocolate
.0094645
(.0001029)
2% chocolate
.0094875
(.0006188)
1% chocolate
.0094875
(.0010313)
Skim chocolate
.0094990
(.0012390)
All price adjustments at the retail level should be made to
				  the nearest one cent per unit: wholesale to the nearest $.001 per unit.
				  Wholesale and retail price increases or decreases shall be adjusted for volume
				  discounts. The foregoing class I formula price changes shall be automatically
				  adjusted without further amendment to this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-16 - Formula to determine changes in the class II wholesale and retail prices

Current through Supplement No. 393, July, 2024
For each federal market order no. 30 class II price increase
				  or decrease of fifteen cents per hundredweight above, or price increase or
				  decrease of twenty-three cents per hundredweight below the twelve dollars and
				  seventeen cents base class II hundredweight price, or an increase or decrease
				  of $.001 in the federal market order no. 30 butterfat differential based on
				  $.162, the following factors will be used in determining adjustments in the
				  class II wholesale and retail prices:
Item
Hundredweight Factor
B.F. Factor
Half half - pint
$.0016
$.0008
Whipping cream - 1/2 pint
.0016
.0015
Sour cream - 8 ounce
.0008
.0008
Cottage cheese - 1 pound
.0140
(.0012)
Yogurt - 8 ounce
.0008
.0008
All price adjustments at the wholesale and retail levels
				  should be made to the nearest one cent per unit.
Item
Hundredweight Factor
B.F. Factor
1 gallon shake mix
$.0110
$.0004
1 gallon soft serve mix
.0110
.0021
All price adjustments at the wholesale level should be made
				  at four cents per gallon increments.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-17 - Emergency

Current through Supplement No. 393, July, 2024
This stabilization plan isdeclared to be an emergency
				  pursuant to North Dakota Century Code section
				   28-32-02. The reason for said
				  emergency is to permit the orderly marketing of milk and milk products.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-18 - Effective date

Current through Supplement No. 393, July, 2024
These rules are effective at 12:01 a.m., July 1, 2000, and
				  all prior stabilization plans for market area number 1 are hereby repealed.
General Authority: NDCC 4-18.1-03, 4-18.1-06, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-01 - Authority, savings, and scope

Current through Supplement No. 393, July, 2024
1. The provisions
				and prices contained in this stabilization plan are promulgated pursuant to
				authority delegated to the North Dakota milk marketing board as set forth in
				North Dakota Century Code section
				 4-18.1-07.
2. If any provision of this stabilization
				plan is hereafter ruled to be illegal or invalid by any tribunal of superior
				jurisdiction, such ruling shall not affect the balance of this plan as a whole
				or any part thereof which can be given effect without the provision so ruled to
				be invalid or illegal.
3. Any
				person subject to this stabilization plan shall be considered in violation
				hereof if he or it engages in such violation, directly or indirectly, or
				through an agent, employee, trust, subsidiary, or affiliated company or
				corporation.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-02 - Terminology

Current through Supplement No. 393, July, 2024
Names of products and finished product test specifications
				  set forth herein are classifications for price purposes under the Milk
				  Stabilization Act only and are not intended to interfere with or supersede
				  applicable labeling, packaging, weights and measures, and sanitation laws and
				  regulations.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-03 - Contract termination

Current through Supplement No. 393, July, 2024
Any existing institutional contracts must be renegotiated in
				  compliance with the prices ordered herein within ninety days after the
				  effective date of this stabilization plan or on the new bid date, whichever is
				  sooner.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-04 - Prices to public institutions

Current through Supplement No. 393, July, 2024
Bid prices for milk products and shake and soft serve sold to
				  state institutions in market areas 2, 5, 7, and 8 must not be below the minimum
				  wholesale prices as stated herein by this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-05 - Classification of milk usage

Current through Supplement No. 393, July, 2024
1. Class I usage
				will include the following:
a. Raw milk,
				regular or creamlike milk, standard milk, whole pasteurized milk, special milk,
				homogenized milk, fortified milk, plain or creamed buttermilk, flavored milk,
				flavored skim milk, skim milk, low fat milk, concentrated milk, milkshake and
				ice cream mixes containing less than twenty percent total solids and plant
				shrinkage attributable to dairy farmer and other source milk in excess of two
				percent of current dairy farmer receipts, plant overages, and closing packaged
				inventories.
b. Any product which
				contains milk solids not fat, butterfat, or a milk derivative, and which is
				manufactured in the semblance of one of the products listed in subdivision a.
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-07 - Prices and hauling allowances for bulk milk in interarea and interstate commerce

Current through Supplement No. 393, July, 2024
No allowance for freight may be charged to dairy farmers on
				  bulk milk shipped interarea or interstate between plants.
General Authority:
NDCC
				   4-18.1-03,
				   4-18.1-07,
				   4-18.1-20,
				   28-32-03.1(3)
Law Implemented:
NDCC
				   4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-08 - Hauling rates from farm to plant

Current through Supplement No. 393, July, 2024
Any substantial or significant increase or raising of the
				  rates charged to dairy farmers for hauling their milk from farm to plant after
				  the effective date of this stabilization plan and without good cause shown may
				  be considered to be dilution of the prices paid said dairy farmers for their
				  raw milk and subject to investigation by the board to determine if there is a
				  violation of this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-09 - Products not specified

Current through Supplement No. 393, July, 2024
Any unassigned quantity of new products hereafter marketed
				  but not specifically priced under this plan shall be assigned a price which
				  will be the logical multiple or fraction of the nearest quantity or product to
				  which a specific price has been fixed by this stabilization plan until a
				  specific price is ordered by this board as a result of the regular hearing
				  procedure and based upon actual cost experience of the industry. This board
				  must be given thirty days' written notice prior to the introduction of a new
				  product in the market area.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-10 - Minimum wholesale and retail prices for class I milk products - Market areas 2, 5, 7, and 8

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-11 - Minimum wholesale and retail prices for class II milk products - Market areas 2, 5, 7, and 8

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-12 - Minimum wholesale prices for shake and soft serve mix

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-12.1 - Minimum dock price for market area 8 [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-13 - Authorized discounts on milk products - Market areas 2, 5, 7 and 8

Current through Supplement No. 393, July, 2024
The following authorized maximum volume discounts are
				  authorized on sales of milk products. Said discounts must be based upon the
				  average total monthly purchases of milk products from all suppliers for the
				  preceding year.
Discount Rate
Monthly Volume
Full Service
Limited Service
0 gal. to 799 gal.
0%
3%
800 gal. to 1600 gal.
2%
5%
1601 gal. to 2400 gal.
3%
6%
2401 gal. to 3200 gal.
4%
7%
3201 gal. to 8000 gal.
5%
9%
8001 gal. and over
7%
11%
A limited service program should be authorized in market
				  areas 2, 5, 7, and 8 for grocery store retailers. This limited service program
				  should consist of the following:
1.
				Maximum delivery of three times per week to store cooler.
2. All orders preordered prior to delivery.
3. No in-store service, i.e.,
				cleaning cases, stamping products, etc.
4. Personnel for store resets will be limited
				to dairy case setting only.
5. No
				returns on merchandise, except when product is found to be damaged or defective
				at time of delivery check-in.
6.
				No callback on delivery days.
7.
				No volume discounts from processors or distributors will be allowed on charged
				sales not paid by a retailer within four weeks (twenty-eight days) of the
				statement date. All statements must be on a weekly basis, the weekly cutoff
				date must remain the same.
A full service program should be authorized in market areas
				  2, 5, 7, and 8 for retailers whose total monthly purchases of milk products
				  from all suppliers for the preceding year exceed eight hundred gallons [3028.33
				  liters] per month. This full service program should consist of the following:
1. Supplier will be
				responsible for maintaining adequate supply of product.
2. Product will be stocked and displayed on
				delivery days.
3. Product will be
				sold on a guaranteed sales basis.
4. Personnel for store resets will be limited
				to dairy case resets only.
5. No
				volume discounts from processors or distributors will be allowed on charged
				sales not paid by a retailer within four weeks (twenty-eight days) of the
				statement date. All statements must be on a weekly basis, the weekly cutoff
				date must remain the same.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-13.1 - Minimum dock pickup provisions - Market areas 2, 5, 7, and 8

Current through Supplement No. 393, July, 2024
Market areas 2, 5, 7, and 8 will have a minimum dock pickup
				  price list as determined by subsection 11 of twelve percent or twenty-three
				  percent off the respective market areas minimum established wholesale price
				  list (except cultured products) less an additional two percent prompt payment.
				  Prices will change as per section 51-03-03-06. The following
				  stipulations apply to receive this dock price:
1. "Dock" means dock at the plant of a
				processor where milk products are actually processed and packaged.
2. Hauling of milk products must be done with
				refrigerated truck equipment that is contracted with a third party or is owned
				and operated or a lease purchase option that is operated by the same
				corporation or owner that owns the retail outlet. Refrigerated truck equipment,
				whether owned or contracted, must comply with regulations defined by federal
				and North Dakota state agencies.
3. This program will be available to any
				single retail place of business and no combination orders by multiple retail
				places of business shall be permitted.
4. On all charge sales by retailer not paid
				for within fourteen days from statement date, processor will charge retailer
				the difference between dock pickup price and wholesale price.
5. All orders must be preordered by retailers
				prior to dock pickup.
6. No
				in-store service, i.e., cleaning cases, stamping products, etc., shall be
				provided by processors.
7.
				Processor personnel for store resets will be limited to dairy case setting
				only.
8. No returns on merchandise
				shall be made by processors, except when product isfound to be damaged or
				defective at time of dock pickup.
9. Delivery of product by processor due to
				incorrect ordering by customer or special orders shall be charged at wholesale
				price less appropriate volume discount.
10. All contracts between processors and
				retailers under this program shall:
a.
				Require delivery at destination being the retailer's place of business;
b. Provide that title to said milk
				products shall pass from the seller (processor) to the buyer (retailer) upon
				delivery at the buyer's place of business; and
c. Provide that the place where the sale of
				said milk products occurs shall be at the retailer's place of business.
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-15 - Authorized discounts for prompt payment

Current through Supplement No. 393, July, 2024
Processors and distributors may grant a two percent discount
				  to retailers who make timely payment for milk products, shake, soft serve mix,
				  and frozen dairy products within fourteen days of the statement date. All
				  statements shall be on a weekly basis, and the weekly cutoff date shall remain
				  the same. Said discount shall not be allowed if a retailer is participating in
				  a central billing service plan as permitted by section 51-02-02-12.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-16 - Formula to determine changes in the class I wholesale and retail prices

Current through Supplement No. 393, July, 2024
Based upon the class I formula as ordered in section 51-03-03-06, for each
				  hundredweight price change to dairy farmers for raw milk or an increase or
				  decrease of $.001 in the federal market order no. 30 butterfat differential
				  based on $.053, the following factors will be used in determining adjustments
				  in the class I wholesale and retail prices. If the first of the month falls on
				  a Monday, Tuesday, or Wednesday, minimum wholesale and retail prices go in
				  effect that Monday. If the first of the month falls on a Thursday, Friday,
				  Saturday, or Sunday, minimum wholesale and retail prices go in effect the
				  following Monday.
Item
Hundredweight Factor
B.F. Factor
Whole milk 1/2 gallon
$.0098900
$(.0001075)
2% milk
.0099130
(.0006465)
1% milk
.0099130
(.0010775)
Skim milk
.0099245
(.0012945)
Buttermilk
.0099245
(.0012945)
Whole chocolate
.0094645
(.0001029)
2% chocolate
.0094875
(.0006188)
1% chocolate
.0094875
(.0010313)
Skim chocolate
.0094990
(.0012390)
All price adjustments at the retail level should be made to
				  the nearest one cent per unit: wholesale to the nearest $.001 per unit.
				  Wholesale and retail price increases or decreases shall be adjusted for volume
				  discounts. The foregoing class I formula price changes shall be automatically
				  adjusted without further amendment to this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-17 - Formula to determine changes in the class II wholesale and retail prices

Current through Supplement No. 393, July, 2024
For each federal market order no. 30 class II price increase
				  or decrease of fifteen cents per hundredweight above, or price increase or
				  decrease of twenty-three cents per hundredweight below the twelve dollars and
				  seventeen cents base class II hundredweight price, or an increase or decrease
				  of $.001 in the federal market order no. 30 butterfat differential based on
				  $.162, the following factors will be used in determining adjustments in the
				  class II wholesale and retail prices:
Item Hun
dredweight Factor
B.F. Factor
Half half - pint
$.0016
$.0008
Whipping cream - 1/2 pint
.0016
.0015
Sour cream - 8 ounce
.0008
.0008
Cottage cheese - 1 pound
.0140
(.0012)
Yogurt - 8 ounce
.0008
.0008
All price adjustments at the wholesale and retail levels
				  should be made to the nearest one cent per unit.
Item
Hundredweight Factor
B.F. Factor
1 gallon shake mix
$.0110
$.0004
1 gallon soft serve mix
.0110
.0021
All price adjustments at the wholesale level should be made
				  at four cents per gallon increments.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-18 - Emergency

Current through Supplement No. 393, July, 2024
This stabilization plan is declared to be an emergency
				  pursuant to North Dakota Century Code section
				   28-32-02. The reason for said
				  emergency is to permit the orderly marketing of milk and milk products.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-03 - Stabilization Plans for Market Areas 2, 5, 7, and 8 › Section 51-03-03-19 - Effective date

Current through Supplement No. 393, July, 2024
These rules are effective at 12:01 a.m., July 1, 2000, and
				  all prior stabilization plans for market areas 2, 5, 7, and 8 are hereby
				  repealed.
General Authority: NDCC 4-18.1-03, 4-18.1-06, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-01 - Authority, savings, and scope

Current through Supplement No. 393, July, 2024
1. The provisions
				and prices contained in this stabilization plan are promulgated pursuant to
				authority delegated to the North Dakota milk marketing board as set forth in
				North Dakota Century Code section
				 4-18.1-07.
2. If any provision of this stabilization
				plan is hereafter ruled to be illegal or invalid by any tribunal of superior
				jurisdiction, such ruling shall not affect the balance of this plan as a whole
				or any part thereof which can be given effect without the provision so ruled to
				be invalid or illegal.
3. Any
				person subject to this stabilization plan shall be considered in violation
				hereof if he or it engages in such violation, directly or indirectly, or
				through an agent, employee, trust, subsidiary, or affiliated company or
				corporation.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-02 - Terminology

Current through Supplement No. 393, July, 2024
Names of products and finished product test specifications
				  set forth herein are classifications for price purposes under the Milk
				  Stabilization Act only and are not intended to interfere with or supersede
				  applicable labeling, packaging, weights and measures, and sanitation laws and
				  regulations.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-03 - Contract termination

Current through Supplement No. 393, July, 2024
Any existing institutional contracts must be renegotiated in
				  compliance with the prices ordered herein within ninety days after the
				  effective date of this stabilization plan or on the new bid date, whichever is
				  sooner.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-04 - Prices to public institutions

Current through Supplement No. 393, July, 2024
Bid prices for milk products and shake and soft serve sold to
				  state institutions in market areas 3, 4, and 6 must not be below the minimum
				  wholesale prices as stated herein by this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-05 - Classification of milk usage

Current through Supplement No. 393, July, 2024
1. Class I usage
				will include the following:
a. Raw milk,
				regular or creamlike milk, standard milk, whole pasteurized milk, special milk,
				homogenized milk, fortified milk, plain or creamed buttermilk, flavored milk,
				flavored skim milk, skim milk, low fat milk, concentrated milk, milkshake and
				ice cream mixes containing less than twenty percent total solids and plant
				shrinkage attributable to dairy farmer and other source milk in excess of two
				percent of current dairy farmer receipts, plant overages, and closing packaged
				inventories.
b. Any product which
				contains milk solids not fat, butterfat, or a milk derivative, and which is
				manufactured in the semblance of one of the products listed in subdivision a.
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-07 - Prices and hauling allowances for bulk milk in interarea and interstate commerce

Current through Supplement No. 393, July, 2024
No allowance for freight may be charged to dairy farmers on
				  bulk milk shipped interarea or interstate between plants.
General Authority:
NDCC
				   4-18.1-03,
				   4-18.1-07,
				   4-18.1-20,
				   28-32-03.1(3)
Law Implemented:
NDCC
				   4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-08 - Hauling rates from farm to plant

Current through Supplement No. 393, July, 2024
Any substantial or significant increase or raising of the
				  rates charged to dairy farmers for hauling their milk from farm to plant after
				  the effective date of this marketing plan and without good cause shown may be
				  considered to be dilution of the prices paid said dairy farmers for their raw
				  milk and subject to investigation by the board to determine if there is a
				  violation of this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-09 - Products not specified

Current through Supplement No. 393, July, 2024
Any unassigned quantity of new product hereafter marketed but
				  not specifically priced under this plan shall be assigned a price which will be
				  the logical multiple or fraction of the nearest quantity or product to which a
				  specific price has been fixed by this stabilization plan until a specific price
				  is ordered by this board as a result of the regular hearing procedure and based
				  upon actual cost experience of the industry. This board must be given thirty
				  days' written notice prior to the introduction of a new product in the market
				  area.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-10 - Minimum wholesale and retail prices for class I milk products - Market areas 3, 4, and 6

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-11 - Minimum wholesale and retail prices for class II milk products - Market areas 3, 4, and 6

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-12 - Minimum wholesale prices for shake and soft serve mix

Current through Supplement No. 393, July, 2024
Publication of this section would be inexpedient because it
				  changes frequently on an emergency basis.
Copies of this section may be obtained by forwarding a
				  request to:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-13 - Authorized discounts on milk products - Market areas 3, 4, and 6

Current through Supplement No. 393, July, 2024
The following authorized maximum volume discounts are
				  authorized on sales of milk products. Said discounts must be based upon the
				  average total monthly purchases of milk products from all suppliers for the
				  preceding year.
Discount Rate
Monthly Volume
Full Service
Limited Service
0 gal. to 799 gal.
0%
3%
800 gal. to 1600 gal.
2%
5%
1601 gal. to 2400 gal.
3%
6%
2401 gal. to 3200 gal.
4%
7%
3201 gal. to 8000 gal.
5%
9%
8001 gal. and over
7%
11%
A limited service program should be authorized in market
				  areas 3, 4, and 6 for grocery store retailers. This limited service program
				  should consist of the following:
1.
				Maximum delivery of three times per week to store cooler.
2. All orders preordered prior to delivery.
3. No in-store service, i.e.,
				cleaning cases, stamping products, etc.
4. Personnel for store resets will be limited
				to dairy case setting only.
5. No
				returns on merchandise, except when product is found to be damaged or defective
				at time of delivery check-in.
6.
				No callback on delivery days.
7.
				No volume discounts from processors or distributors will be allowed on charged
				sales not paid by a retailer within four weeks (twenty-eight days) of the
				statement date. All statements must be on a weekly basis, the weekly cutoff
				date must remain the same.
A full service program should be authorized in market areas
				  3, 4, and 6 for retailers whose total monthly purchases of milk products from
				  all suppliers for the preceding year exceed eight hundred gallons [3028.33
				  liters] per month. This full service program should consist of the following:
1. Supplier will be
				responsible for maintaining adequate supply of product.
2. Product will be stocked and displayed on
				delivery days.
3. Product will be
				sold on a guaranteed sales basis.
4. Personnel for store resets will be limited
				to dairy case resets only.
5. No
				volume discounts from processors or distributors will be allowed on charged
				sales not paid by a retailer within four weeks (twenty-eight days) of the
				statement date. All statements must be on a weekly basis, the weekly cutoff
				date must remain the same.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-13.1 - Minimum dock pickup provisions - Market areas 3, 4, and 6

Current through Supplement No. 393, July, 2024
Market areas 3, 4, and 6 will have a minimum dock pickup
				  price list as determined by subsection 11 of twelve percent or twenty-three
				  percent off the respective market areas minimum established wholesale price
				  list (except cultured products) less an additional two percent prompt payment.
				  Prices will change as per section 51-03-04-06. The following
				  stipulations apply to receive this dock price:
1. "Dock" means dock at the plant of a
				processor where milk products are actually processed and packaged.
2. Hauling of milk products must be done with
				refrigerated truck equipment that is contracted with a third party or is owned
				and operated or a lease purchase option that is operated by the same
				corporation or owner that owns the retail outlet. Refrigerated truck equipment,
				whether owned or contracted, must comply with regulations defined by federal
				and North Dakota state agencies.
3. This program will be available to any
				single retail place of business and no combination orders by multiple retail
				places of business shall be permitted.
4. On all charge sales by retailer not paid
				for within fourteen days from statement date, processor will charge retailer
				the difference between dock pickup price and wholesale price.
5. All orders must be preordered by retailers
				prior to dock pickup.
6. No
				in-store service, i.e., cleaning cases, stamping products, etc., shall be
				provided by processors.
7.
				Processor personnel for store resets will be limited to dairy case setting
				only.
8. No returns on merchandise
				shall be made by processors, except when product isfound to be damaged or
				defective at time of dock pickup.
9. Delivery of product by processor due to
				incorrect ordering by customer or special orders shall be charged at wholesale
				price less appropriate volume discount.
10. All contracts between processors and
				retailers under this program shall:
a.
				Require delivery at destination being the retailer's place of business;
b. Provide that title to said milk
				products shall pass from the seller (processor) to the buyer (retailer) upon
				delivery at the buyer's place of business; and
c. Provide that the place where the sale of
				said milk products occurs shall be at the retailer's place of business.
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-15 - Authorized discounts for prompt payment

Current through Supplement No. 393, July, 2024
Processors and distributors may grant a two percent discount
				  to retailers who make timely payment for milk products, shake, soft serve mix,
				  and frozen dairy products, within fourteen days of the statement date. All
				  statements shall be on a weekly basis, and the weekly cutoff date shall remain
				  the same. Said discount shall not be allowed if a retailer is participating in
				  a central billing service plan as permitted by section 51-02-02-12.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07