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 51-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context otherwise
				  requires:
1. "Base deliveries" means
				the actual amount of milk delivered by a group of base or quota holding dairy
				farmers which is equal to the bases specified or the actual deliveries,
				whichever is less.
2. "Base or
				quota" means a specified amount of milk which a diary farmer agrees to supply
				periodically and which a distributor agrees to purchase, and may be expressed
				in terms of whole milk or the components of whole milk.
3. "Dairy farmer-processor" means any dairy
				farmer who produces one's own supply of grade A milk and processes and packages
				the milk for retail trade.
4.
				"Dock" means dock at the plant of a processor where milk products and frozen
				dairy products are actually processed and packaged.
5. "Dumpage" or "skim dumped" means that
				amount of skim milk dumped or otherwise destroyed after separation and without
				further processing or usage.
6.
				"Excess milk" means that amount of milk delivered to a plant by a dairy farmer
				in excess of the farmer's specified base or quota.
7. "Hauler" means any person transporting
				milk produced by grade A dairy farmers from farm-to-plant or from
				plant-to-plant.
8. "Import
				distributor" or "import jobber" means a distributor who purchases milk already
				processed and packaged for resale to wholesale and retail customers from a
				source or sources whose headquarters are geographically located outside the
				boundaries of North Dakota.
9.
				"Jobber" means any independent businessman other than a store, wholesale
				grocery purchasing organization, or wholesale grocery broker, who has no
				financial connection with any processor other than acquiring the processor's
				packaged product and distributing and selling the packaged product, and whose
				business practices and policies are within the businessman's exclusive province
				to establish, and not subject to any influence or control from the processor.
10. "Other source milk" means all
				milk defined in North Dakota Century Code chapter
				 4-18.1, and also all reconstituted
				or recombined milk, condensed milk, and milk and the components of milk other
				than grade A which is received in a plant from any source other than a licensed
				grade A dairy farmer.
11.
				"Overage" means that amount by which milk otherwise accounted for exceeds plant
				receipts.
12. "Plant" means the
				plant of a processor.
13. "Plant
				receipts" means all milk received from licensed dairy farmers, other plants,
				and other sources, inventory, and all additives used in fluid products.
14. "Shrinkage" means that amount
				by which receipts exceed milk otherwise accounted for by the plant.
15. "Store" means any grocery, soda fountain,
				dairy store, confectionary, or similar mercantile establishment, whether rural
				or urban, which sells milk over the counter or on the premises to customers at
				retail, and, unless otherwise distinguished herein, includes chain stores,
				supermarkets, quick service markets, and wholesale food purchasing
				organizations.
16. "Surplus" means
				that amount of milk produced for fluid use which exceeds the fluid needs of the
				market.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15