North Dakota Administrative Code

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…

The giving of advertising or display allowances is prohibited. General Authority: NDCC 4.1-26-30, 4.1-26-31 Law Implemented: NDCC 4.1-26-31

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 discrimina…

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 p…

The furnishing of signs by a dealer to a retailer is prohibited. General Authority: NDCC 4.1-26-30, 4.1-26-31 Law Implemented: NDCC 4.1-26-31

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 4.1-26-30, 4.1-26-31 Law Implemented: NDCC 4.1-26-31

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 4.1-26-30, 4.1-26-31 Law Implemented: NDCC 4.1-26-31

The giving of gifts by dealers to retailers is prohibited. General Authority: NDCC 4.1-26-30, 4.1-26-31 Law Implemented: NDCC 4.1-26-31

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 …

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 reas…

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 at…

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code section 28-32-06 because the authority for the adoption of the rules was repealed by S.L. 2015, ch. 72, section 3.

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 4.1-26-30, 4.1-26-31 Law Implemented: NDCC 4.1-26-31

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 4.1-26-30,…

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 re…

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 lubricant…

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 4.1-26,…

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 haul…

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 composi…

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 sha…

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 4.1-26, 4…

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 ca…

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 …

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 execu…

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 …

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. 1 General Authority: NDCC 4.1-26,…

The state of North Dakota is divided into the following market areas for the purposes of North Dakota Century Code chapter 4.1-26. 1. Market area number 1. Market area number 1 includes the cities of Fargo, West Fargo, Casselton, Arthur, Hunter, Horace, Harwood, and all areas wit…

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 sections 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-1…

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 a…

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. History: Amended effective August 1, 1995; September 1, 1996.…

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 this stabilization plan. History: Amended effective April 14, 1980; November 1, 1980; November…

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, …

component pricing. 1. Class I (market area 1). Commencing July 1, 2000, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this plan f.o.b. the 2 processor's plant for milk which is ultimately utilized in class I (milk products)…

commerce. No allowance for freight may be charged to dairy farmers on bulk milk shipped interarea or interstate between plants. General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16, 4.1-26-35, 28-32-03.1(3) Law Implemented…

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 f…

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, …

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…

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 5 Bismarck, ND 58501-4049…

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…

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 …

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. Pri…

Repealed effective July 1, 2000.

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 …

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 …

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 …

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. History: Effective August 1, 1995; amended effective September 1, 1996. Gener…

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. 9 History: Effective August 1, 1995; amended effective September 1, 1996; August 31, 1998; July 1, 2000. General Authority: NDCC 4.1-26-01, 4.1-2…

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 sections 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-1…

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 a…

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. History: Amended effective August 1, 1995; September 1, 1996.…