reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-05 - Invoices on wholesale sales

Current through Supplement No. 393, July, 2024
Processors, distributors, import distributors, and jobbers
				  delivering to wholesale stops or customers must leave at such wholesale stop or
				  customer an invoice of the sales of fluid milk for each day's delivery,
				  itemized as to number of each separate form or use of milk product sold and the
				  total price of each such form or use sold. In lieu of unit or total prices each
				  retailer must have on file a current price list from the retailer's various
				  suppliers upon which current billings are computed.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-06 - Tests by department of agriculture

Current through Supplement No. 393, July, 2024
All tests approved by the dairy division of the North Dakota
				  department of agriculture shall be considered by the board as official tests
				  for the purpose of administration of North Dakota Century Code chapter
				   4-18.1.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-07 - Retention of composite samples

Current through Supplement No. 393, July, 2024
When dairy farmer payments are based upon butterfat tests
				  from composite samples, a portion of each composite sample must be retained
				  until the succeeding composite sample is tested.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-08 - Record of butterfat tests

Current through Supplement No. 393, July, 2024
Each processor must maintain a record of butterfat tests made
				  of each dairy farmer's milk or cream, covering each pay period, such record to
				  be kept on file for three years and be made available to any authorized agent
				  of the board upon request.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-09 - Monthly statement from processors to dairy farmers

Current through Supplement No. 393, July, 2024
Processors purchasing milk from dairy farmers shall render to
				  each dairy farmer not later than the fifteenth day of each month, statements
				  containing each of the following items:
1. Name and address of processor issuing the
				statement.
2. Date of statement.
3. Period for which statement is
				rendered.
4. Name of dairy farmer
				for whom the statement is intended.
5. Dairy farmer butterfat test for the first
				half of the month or other test period.
6. Dairy farmer butterfat test for the last
				half of the month or other test period.
7. The weighted-average butterfat test of the
				dairy farmer for the month for which the statement is rendered.
8. Percentage of milk or skim milk and fat
				utilized in each classification or, in the alternative, pounds of milk or skim
				milk and butterfat utilized in each classification. Plants fully regulated by
				federal order may report information required by such federal order.
9. Rate paid for milk at test for each
				classification as established by applicable official order or by the plant.
				Plants fully regulated by federal order may report federal order blend price.
10. Total pounds of milk purchased
				from dairy farmer.
11. Amounts
				paid as premiums, bonuses, etc.
12. Gross amounts paid after addition of
				premiums, etc.
13. Itemization of
				advance payments and authorized deductions.
14. Net amount paid.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-10 - Monthly report by processors to the board

Current through Supplement No. 393, July, 2024
On or before the twentieth day of each month in the detail
				  and on forms supplied by the board, each processor shall submit to the board a
				  report of the following receipts, uses, sales, and transactions for the
				  preceding month:
1. The quantities of
				milk, butterfat, and skim milk received from dairy farmers.
2. The quantities of milk, butterfat, and
				skim milk contained in the milk and products received from other processors.
3. The quantities of milk,
				butterfat, and skim milk contained in other source milk received (except
				nonfluid milk products of the types disposed of in the form in which received
				without further processing by the processor).
4. Bulk milk and packaged milk inventories on
				hand at the beginning of each month.
5. The utilization of all skim milk and
				butterfat required to be reported pursuant to this section, including the bulk
				milk and packaged milk inventories on hand at the end of the month.
6. A unit breakdown of Class I and Class II
				sales, both bulk and packaged sold to other processors, in North Dakota, and
				distributors located outside North Dakota.
7. Such other information with respect to
				such receipts and utilization as the board may prescribe.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-11 - Monthly dairy farmer statement

Current through Supplement No. 393, July, 2024
On or before the twentieth day of each month each processor
				  shall submit to the board a duplicate copy of the processor's individual
				  statements to dairy farmers with all of the information required in section 51-02-01-09.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-12 - Monthly report of foreign milk coming under North Dakota Century Code chapter 4-18.1

Current through Supplement No. 393, July, 2024
1. Each processor
				whose place of business is outside North Dakota, but who comes under the
				jurisdiction of North Dakota Century Code chapter
				 4-18.1, and of this chapter by
				virtue of the processor's distributing milk within North Dakota, or by
				supplying a distributor home based in North Dakota either in bulk or packaged
				form, must file with the board, on forms supplied by the board, on or before
				the twentieth day of each month, a report of sales of milk subject to North
				Dakota Century Code chapter
				 4-18.1 during the preceding month.
2. Each import distributor or
				import jobber who purchases milk from sources outside North Dakota for resale
				in North Dakota must file with the board, (unless the importer's supplying
				distributor reports for the importer) on forms supplied by the board, on or
				before the twentieth day of each month, a report of sales of such milk during
				the preceding month.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-13 - Monthly report of distributors, jobbers, and dairy farmer-processor

Current through Supplement No. 393, July, 2024
1. Each distributor or jobber who receives or
				purchases milk in packaged form, and who does not receive or purchase milk from
				dairy farmers, must file with the board, (unless the distributor's or jobber's
				supplying processor reports for the distributor or jobber) on forms supplied by
				the board, on or before the twentieth day of each month, a report of sales of
				such milk during the preceding month.
2. Each dairy farmer-processor shall file
				with the board, on forms supplied by the board, on or before the twentieth day
				of each month, a report of the dairy farmer-processor's Class I and II sales
				and disposition of production in excess of Class I and II sales during the
				preceding month
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-14 - Annual report of wholesale accounts

Current through Supplement No. 393, July, 2024
On July first of each year all processors, distributors,
				  jobbers, and dairy farmer-processors selling milk products and frozen dairy
				  products to wholesale accounts in North Dakota shall furnish the board a list
				  of their wholesale accounts for the purpose of determining that retailers are
				  properly licensed by the board.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-15 - Payment of dairy farmers by processors

Current through Supplement No. 393, July, 2024
Dairy farmers shall be paid twice a month as follows: A
				  payment or advance that approximately covers the value of the milk or cream
				  purchased during the first two weeks of the processor's monthly pay period,
				  less one half of the approximate monthly deductions herein sanctioned, must be
				  paid not later than thirty days after the start of the processor's monthly pay
				  period. Such payment need not be accompanied by an itemized statement. All milk
				  and cream purchased during the balance of the processor's monthly pay period
				  shall be paid for not later than fifteen days after the close of the
				  processor's monthly pay period. Such payment shall include the balance of all
				  amounts due from the first fifteen days of the monthly pay period and must be
				  accompanied by an itemized statement to each dairy farmer setting forth the
				  information required in section 51-02-01-09. All payment dates for
				  processing plants located within a Federal Market Order shall conform to
				  Federal Market Order regulations.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-16 - Auditing procedure

Current through Supplement No. 393, July, 2024
1. The board shall
				cause periodic audits of the books and records of the processors to be made to
				verify the utilization of all milk reported pursuant to section 51-02-01-10, and thereby establish
				payment or nonpayment of minimum dairy farmer prices fixed by official orders
				of the board.
2. Overpayments made
				by processors to dairy farmers not offset against underpayments or otherwise
				collected by the processor within ninety days after final settlement of the
				board's audit or the period during which the overpayment was determined will
				not be credited to the processor in any subsequent audits.
3. Upon completion of each audit the
				processor will be furnished with an audit summary and commentary with respect
				to the audit results and with indicated dairy farmer adjustments, if any, for
				each month audited. All underpayments settlements shall be paid to dairy
				farmers on or before the next regular pay date and proof of such settlement
				payments shall be filed with the board by the processor forthwith.
4. At any time a processor is unwilling or
				unable to reconcile the audit results with official orders of the board, the
				processor may request a review of the audit by the executive secretary. The
				time limitation for final settlement payment to dairy farmers will be stayed
				until ten days after such review is completed and the processor has received
				notice of the executive secretary's decision.
5. Within ten days after the processor
				receives notice of the executive secretary's decision, the processor may file
				written application for appearance before the board at its next regular meeting
				to review the decision of the executive secretary. The time limitation on final
				settlement payment to dairy farmers will be further stayed until review by the
				board is completed.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-17 - Base or quota plans

Current through Supplement No. 393, July, 2024
A processor and the processor's dairy farmers may establish a
				  system of level or uniform milk production, or base, in accordance with the
				  fluid milk requirements of the processor, which provides for and assures in its
				  terms and conditions priority to fluid milk requirements and the equitable
				  distribution of such fluid milk requirements among dairy farmers; provided the
				  milk processor and at least seventy-five percent of the processor's dairy
				  farmers first make a formal application to the board and receive a written
				  authorization to do so.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-18 - Pooling

Current through Supplement No. 393, July, 2024
Each dairy farmer whose milk is pooled with milk from other
				  sources supplying a nonbase or nonquota processor shall be credited with a pro
				  rata share of the milk allocated to that processor's Class I usage. Each dairy
				  farmer whose milk is pooled with the milk from other sources supplying a
				  processor pursuant to a base or quota marketing plan shall be credited with
				  either the dairy farmer's base specified in the processor's base or quota
				  program, or the dairy farmer's actual deliveries, whichever is less. Where the
				  processor has a base or quota program, all Class I milk assigned the
				  processor's pool will be deemed to have been supplied first either from base
				  milk of licensed dairy farmers or from actual deliveries of the processor's
				  licensed dairy farmers, whichever is less. Where the processor has a base or
				  quota program and the total amount of Class I milk used exceeds the total
				  amount of base milk received from licensed dairy farmers and credited to other
				  sources, the additional milk will be treated as having been supplied from
				  excess milk over base.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-19 - Allocation of dairy farmer milk

Current through Supplement No. 393, July, 2024
For the purpose of dairy farmer pricing, no processor will be
				  permitted to allocate milk purchased from sources other than the processor's
				  regular dairy farmers, including milk purchased from the processor's own farm
				  to a higher use classification than the use classification allocated to the
				  processor's regular dairy farmers.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-20 - Allocation of other source milk

Current through Supplement No. 393, July, 2024
For the purpose of dairy farmer pricing, no processor shall
				  allocate other source milk to an ultimate use classification which is higher
				  than the ultimate use classification allocated to grade A milk.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-21 - Rejection of dairy farmer milk

Current through Supplement No. 393, July, 2024
Inferior quality or noncompliance with regulations of state
				  health or sanitation agencies shall be reasons for the rejecting of dairy
				  farmer milk. In all cases the milk shall be rejected at the farm and before
				  commingling. The reasons for rejecting or down grading shall be given on the
				  producer's monthly statement. This section does not apply to bulk tanker loads
				  or packaged milk condemned by competent authority such as the state dairy
				  commissioner, city, county, or state health units, the state laboratories
				  department, livestock sanitary board, etc.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-22 - Interpretation

Current through Supplement No. 393, July, 2024
If any portion of this chapter is held invalid or
				  unconstitutional, such holding shall not affect the validity of the chapter as
				  a whole, or of any part thereof which can be given effect without the part so
				  held to be unconstitutional or invalid.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-01 - Discounts, rebates, or allowances

Current through Supplement No. 393, July, 2024
The giving of discounts, rebates, or allowances in connection
				  with the sale of milk products unless such discounts, rebates, or allowances
				  are authorized by the board in accordance with subsection 5 of North Dakota
				  Century Code section
				   4-18.1-07 is prohibited. Nothing
				  contained in this chapter shall be construed to prohibit the issuing of trading
				  stamps by retailers in numbers customary in normal trade, but no trading stamp
				  bonuses shall be given for milk products.
General Authority: NDCC 4-18.1-01, 4-18.1-11
Law Implemented: NDCC 4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-02 - Free equipment or services

Current through Supplement No. 393, July, 2024
The furnishing by a dealer of free equipment or services to a
				  retailer is prohibited. This section shall not be interpreted as authorizing
				  the board to prohibit the stocking by a dealer of the dairy case or frozen
				  dairy products cabinet of a retailer nor the stamping on each milk product or
				  frozen dairy product by the dealer of the retail price at which the retailer
				  desires to sell any such product.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-03 - Advertising or display allowances

Current through Supplement No. 393, July, 2024
The giving of advertising or display allowances is
				  prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-04 - Free milk products or frozen dairy products

Current through Supplement No. 393, July, 2024
The giving of a free milk product, a free frozen dairy
				  product, services, or articles of any kind, to a customer is prohibited, except
				  as follows:
1. The distribution of
				promotional materials furnished by trade associations which promote the milk
				industry without brand discrimination.
2. Gifts of a milk product or a frozen dairy
				product to consumers solely for milk industry promotion without brand
				discrimination, processor involvement and where the retailer receives the full
				retail price.
3. The giving of
				samples of milk products or frozen dairy products at supermarkets, trade fairs,
				or like function if the sample is not more than one and one-half ounces [44.36
				milliliters], liquid.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-05 - Loans, financial assistance, and extension of credit

Current through Supplement No. 393, July, 2024
The making or renewal of loans, or the giving of financial
				  assistance in any other form, between dealers or by a dealer to a retailer is
				  prohibited. The extension of credit between dealers or by a dealer to a
				  retailer for longer than a period of sixty days after delivery of the product
				  is prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-06 - Signs

Current through Supplement No. 393, July, 2024
The furnishing of signs by a dealer to a retailer is
				  prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-07 - Combination sales

Current through Supplement No. 393, July, 2024
Selling, offering to sell, or advertising any milk product or
				  frozen dairy product in combination with any other product or service is
				  prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-08 - Special prices

Current through Supplement No. 393, July, 2024
Selling, offering to sell, or advertising any product or
				  service at a price which is available only to purchasers of a milk product or a
				  frozen dairy product is prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-09 - Gifts

Current through Supplement No. 393, July, 2024
The giving of gifts by dealers to retailers is prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-10 - Equipment

Current through Supplement No. 393, July, 2024
The leasing, renting, lending, servicing, or repairing of
				  equipment by a dealer to a retailer is prohibited, except that the furnishing
				  of portable merchandisers by a dealer will be permitted for demonstration of
				  dairy products by a dealer. The sale of equipment by a dealer to a retailer
				  shall not be at a price less than the seller's invoice cost plus ten percent or
				  depreciated value in the case of used equipment. All such sales must be fully
				  documented by cash receipts, security agreements, or ledger accounts, and all
				  terms of such sales shall be in accord with normal business practices.
General Authority: NDCC 4-18.1-01, 4-18.1-11
Law Implemented: NDCC 4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-11 - Deposits on returnable containers

Current through Supplement No. 393, July, 2024
The requiring of deposits where milk products are purchased
				  in returnable containers and the giving of allowances or credits in connection
				  with the return of such containers is prohibited, except deposits may be
				  required on milk cases provided said deposits do not exceed the reasonable
				  replacement value thereof.
General Authority: NDCC 4-18.1-01, 4-18.1-11
Law Implemented: NDCC 4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-12 - Secret rebates - Central billing

Current through Supplement No. 393, July, 2024
Payments by dealers to a franchiser, wholesale grocer, or any
				  other person closely connected with a retailer for central billing, customer
				  solicitation, or other services where the purpose or effect of such payment is
				  to induce the recipient of any such payment to influence or attempt to
				  influence the decision of one or more retailers relative to the brands of milk
				  products or frozen dairy products to be purchased and resold by such retailer
				  or relative to the amount of space to be allocated to any brand of milk
				  products or frozen dairy products is prohibited. If a central billing service
				  is solicited and established by a wholesale grocery warehouse to guarantee
				  collection of dealer accounts, all dealers supplying member or corporate stores
				  must be accorded the same service without discrimination and the central
				  billing service fee must not exceed two percent of invoice cost.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-13 - Pirating salesmen

Current through Supplement No. 393, July, 2024
The luring away of competitor's salesmen through the device
				  of according to the salesmen unreasonable bonuses, commissions, fringe
				  benefits, or other incentives is prohibited.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-14 - Shake mix and soft serve mix sales at retail

Current through Supplement No. 393, July, 2024
All transactions by retailers selling shake mix and soft
				  serve mix in its various forms to consumers shall be exempt from sections 51-02-02-01, 51-02-02-04, 51-02-02-07, and 51-02-02-08.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-02 - Disruptive Trade Practices › Section 51-02-02-15 - Interpretation

Current through Supplement No. 393, July, 2024
If any portion of this chapter is held invalid or
				  unconstitutional, such holding shall not affect the validity of the chapter as
				  a whole or of any part thereof which can be given effect without the part so
				  held to be unconstitutional or invalid.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-11
Law Implemented:
NDCC
				   4-18.1-11
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context otherwise
				  requires:
1. "Contract services cost"
				means the cost paid to a contract hauler and approved by the board.
2. "Dairy farmer route" means that group of
				dairy farmers whose milk is hauled by a hauler to a processing plant on a
				regular basis.
3. "Depreciation on
				trucks" means original cost of the tank and truck less salvage value, divided
				by the economic life of the truck expressed in total miles [kilometers].
4. "Employee benefits cost" means
				fringe benefits such as hospitalization insurance, life insurance, pension
				contributions, unemployment insurance, industrial accident insurance, sick pay,
				vacation pay, etc.
5. "Gas, diesel
				fuel, oil, and lubricants cost" means those amounts actually recorded and used
				in bulk tank trucks on a specific producer route.
6. "General and administrative cost" means:
a. Accounting, record keeping, and clerical
				costs.
b. Administrative and
				supervision costs.
c.
				Miscellaneous depreciation, repair, and rental costs (shop repair equipment,
				fuel tanks, pumps, etc.).
d. Other
				miscellaneous items (as cost justified).
7. "Hauler" means:
a. A processor who provides trucking
				equipment necessary to haul dairy farmer's milk from farm to plant.
b. An independent businessman who owns one's
				own trucking equipment and who contracts directly with dairy farmers for
				hauling their milk from farm to plant as a contract hauler.
c. A group of dairy farmers who own their own
				trucking equipment and hire drivers to haul their own milk from farm to plant.
8. "Hauling rate" means
				the rate charged dairy farmers for hauling milk from farm to plant.
9. "Insurance, license, and tax cost" means
				the average cost of these items, recorded by a specific tank truck, over the
				most current twelve-month period.
10. "Interest" means the cost of borrowed
				capital.
11. "Labor cost" means
				salaries, wages, and payroll taxes for drivers and others employed by a hauler.
12. "Reasonable return on
				necessary investment" means a return on invested capital as a rate that shall
				be determined as equitable by the board.
13. "Rental or lease cost" means the leasing
				of vehicles and equipment (trucks, tanks, pumps, washing equipment, etc.)
				rather than owning them.
14.
				"Repairs and maintenance cost" means the average cost of repairs and
				maintenance of bulk milk tank trucks and other necessary equipment of the most
				recent twelve-month period.
15.
				"Tire cost" means the average cost of tires used on bulk milk tank trucks over
				the most current twelve-month period.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-02 - Hauling cost records

Current through Supplement No. 393, July, 2024
All haulers shall maintain records of hauling costs by
				  specific truck and specific dairy farmer route sufficient to provide costs on
				  the following cost items:
1. Labor.
2. Employee benefits.
3. Rental or lease (if any).
4. Repairs and maintenance.
5. Gas, oil, and other lubricants.
6. Tires.
7. Insurance, licenses, and taxes.
8. Contract services.
9. General and administrative.
10. Depreciation on truck and tank.
11. Interest.
12. Reasonable return on necessary
				investment.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-03 - Partial use of truck or tank

Current through Supplement No. 393, July, 2024
In the event that a truck or tank is used in hauling other
				  products, items, or bulk milk from plant to plant in addition to farm to plant
				  hauling, costs shall be prorated by percentages based upon mileage,
				  hundredweights or product hauled, or both.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-04 - Private agreements

Current through Supplement No. 393, July, 2024
Hauling rates to be charged to dairy farmers and which
				  farmers shall be included in a specific dairy farmer route shall be a matter of
				  private negotiation and agreement between the parties involved, except that in
				  the event an agreement cannot be reached, any dairy farmer or hauler may
				  petition the board to determine facts and mediate or decide any such
				  controversy by use of the procedure provided in this chapter.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-05 - Petition for factfinding

Current through Supplement No. 393, July, 2024
Any dairy farmer or hauler who deems oneself aggrieved by a
				  hauling rate or which dairy farmers are to be included in a specific dairy
				  farmer route may petition the executive secretary to conduct an investigation
				  of the matter which shall include cost justification, route composition, and
				  all other pertinent facts. A petition by a hauler for a hauling rate increase
				  shall specify the dairy farmer route involved, the present hauling rate, the
				  desired increase in the hauling rate, and the effective date of the new hauling
				  rate. Upon completion of the investigation the executive secretary shall make
				  and submit the executive secretary's findings and recommendations to the
				  parties involved and encourage further negotiations toward a private agreement
				  between the parties.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-06 - Public hearing

Current through Supplement No. 393, July, 2024
In the event the parties involved are unable to agree within
				  fifteen days after the executive secretary submits the executive secretary's
				  findings, the milk stabilization board shall notice a public hearing for the
				  parties involved to appear and present evidence and the board shall decide the
				  matter and issue appropriate orders.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-03 - Farm to Plant Hauling Rates › Section 51-02-03-07 - Interpretation

Current through Supplement No. 393, July, 2024
If any portion of this chapter is held invalid or
				  unconstitutional, such holding shall not affect the validity of the chapter as
				  a whole, or of any part thereof which can be given effect without the part so
				  held to be unconstitutional or invalid.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-04 - Termination of Dairy Farmer Purchasing Agreements › Section 51-02-04-01 - No termination except for just cause

Current through Supplement No. 393, July, 2024
No processor shall terminate the processor's contract or
				  selling agreement with any dairy farmer, whether express or implied, and no
				  dairy farmer shall terminate the dairy farmer's contract or purchasing
				  agreement with any processor, whether express or implied, except for just
				  cause.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-04 - Termination of Dairy Farmer Purchasing Agreements › Section 51-02-04-02 - Private agreement

Current through Supplement No. 393, July, 2024
Private negotiation and agreement between the parties
				  involved regarding termination of dairy farmer contracts and purchasing
				  agreements shall be encouraged wherever possible, and any mutual agreement
				  arrived at by the parties shall be accepted by the milk stabilization board to
				  determine facts, mediate, or decide whether or not a proposed termination is
				  for just cause by use of the procedure provided in sections 51-02-04-03 and 51-02-04-04.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-04 - Termination of Dairy Farmer Purchasing Agreements › Section 51-02-04-03 - Petition for factfinding

Current through Supplement No. 393, July, 2024
Any dairy farmer or processor who is aggrieved by a proposed
				  termination of a dairy farmer contract or purchasing agreement, whether express
				  or implied, may petition the executive secretary to conduct an investigation of
				  the matter. Upon completion of the investigation, the executive secretary shall
				  make and submit the executive secretary's findings and recommendations to the
				  parties involved and encourage further negotiations toward a private agreement
				  between the parties.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-04 - Termination of Dairy Farmer Purchasing Agreements › Section 51-02-04-04 - Public hearing

Current through Supplement No. 393, July, 2024
In the event the parties involved are unable to agree within
				  fifteen days after the executive secretary submits the executive secretary's
				  findings, the milk stabilization board shall notice a public hearing for the
				  parties involved to appear and present evidence. The board shall hear the
				  evidence, decide whether or not the proposed termination is for just cause, and
				  issue appropriate orders regarding the matter.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-04 - Termination of Dairy Farmer Purchasing Agreements › Section 51-02-04-05 - Interpretation

Current through Supplement No. 393, July, 2024
If any portion of this chapter is held invalid or
				  unconstitutional, such holding shall not affect the validity of the chapter as
				  a whole, or of any part thereof which can be given effect without the part so
				  held to be unconstitutional or invalid.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-05
Law Implemented:
NDCC
				   4-18.1-05
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-01 - Market Area Boundaries › Section 51-03-01-01 - Market areas

Current through Supplement No. 393, July, 2024
The state of North Dakota is divided into the following
				  market areas for the purposes of North Dakota Century Code chapter
				   4-18.1.
1.
Market area number 1.
Market
				area number 1 includes the cities of Fargo, West Fargo, Casselton, Arthur,
				Hunter, Horace, Harwood, and all areas within a radius of six miles [9.66
				kilometers] thereof.
2.
Market area number 2.
Market area number 2 includes the counties
				of Walsh, Grand Forks, Steele, Traill, Barnes, Cass, Ransom, Sargent, Richland,
				the cities of Minot, Burlington, Surrey, Bismarck, Mandan, and all areas within
				a radius of six miles [9.66 kilometers] thereof, except the cities of Grafton,
				Grand Forks, Valley City, Wahpeton, and all areas within a radius of six miles
				[9.66 kilometers] thereof, and that area included in market area number 1.
3.
Market area number 3.
Market area number 3 includes the counties of Renville, Bottineau,
				Rolette, Towner, Cavalier, Pembina, Mountrail, Ward, McHenry, Pierce, Benson,
				Ramsey, McKenzie, Dunn, Mercer, Oliver, McLean, Sheridan, Wells, Eddy, Foster,
				Nelson, Griggs, Golden Valley, Billings, Stark, Morton, Burleigh, Kidder,
				Stutsman, Slope, Hettinger, Grant, Sioux, Emmons, Logan, McIntosh, LaMoure,
				Dickey, and the city of Bowbells in Burke County, except the cities of Devils
				Lake, Jamestown, and all areas within a radius of six miles [9.66 kilometers]
				thereof and that area included in market area number 2.
4.
Market area number 4.
Market
				area number 4 includes the counties of Divide, Burke, Williams, Bowman, and
				Adams, except the city of Bowbells.
5.
Market area number 5.
Market
				area number 5 includes the cities of Grafton and Grand Forks and all areas
				within a radius of six miles [9.66 kilometers] thereof.
6.
Market area number 6.
Market
				area number 6 includes the cities of Devils Lake and Jamestown and all areas
				within a radius of six miles [9.66 kilometers] thereof.
7.
Market area number 7.
Market
				area number 7 includes the city of Valley City and all areas within a radius of
				six miles [9.66 kilometers] thereof.
8.
Market area number 8.
Market
				area number 8 includes the city of Wahpeton and all areas within a radius of
				six miles [9.66 kilometers] thereof.
General Authority: NDCC 4-18.1-05
Law Implemented: NDCC 4-18.1-06
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 51-03-02-01 - 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
				persons subject to this stabilization plan must 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.
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 51-03-02-02 - 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 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-03 - 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 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-04 - 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 area 1 must not be below the minimum or above the
				  maximum wholesale prices as stated herein by thisstabilization 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 51-03-02-05 - 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 51-03-02 - Stabilization Plans for Market Area 1 › Section 51-03-02-07 - 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