Title 4.1, Agriculture

As used in this chapter: 1. "Barley" means all varieties of barley harvested in the state. 2. "Council" means the North Dakota barley council. 3. "First purchaser" means any person accepting for shipment or otherwise acquiring barley from a producer. The term includes a mortgagee…

The state consists of the following five barley districts: 1. Benson, Cavalier, Pembina, Ramsey, Towner, and Walsh Counties. 2. Eddy, Foster, Grand Forks, Griggs, McLean, Nelson, Sheridan, Steele, Traill, and Wells Counties. 3. Barnes, Burleigh, Cass, Dickey, Emmons, Kidder, LaMo…

1. The council consists of one individual elected from each district established in section 4.1-02-02. 2. Each member of the council must be a participating producer. 3. The term of each elected member is four years and begins on April first. The terms must be staggered so that n…

1. a. No later than March first of the year in which the term of a council member is to expire, the extension agent for each county in that member's district shall hold a meeting of barley producers for the purpose of electing a county representative. b. The council shall publish…

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-02-04, the director of the North Dakota state university extension service shall call a meeting of all county representatives in the district represented by the member whose term is to expire. 2…

All costs of holding county and district elections are the responsibility of the council.

A majority of the council's voting members constitutes a quorum for the transaction of business.

1. Annually, the council shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the council and shall call a special meeting of the council within seven days when petitioned to do so by three council members.

Each member of the council is entitled to receive compensation in the amount established by the council, but not exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state officers if the member is attending meetings or performi…

1. The council may: a. Expend moneys collected pursuant to this chapter for its administration; b. Employ, bond, and compensate necessary personnel; c. Accept gifts, grants, and donations of money, property, and services, to carry out this chapter; d. Contract with any person for…

1. The council shall determine the uses to which any moneys raised under this chapter may be expended. The uses may include: a. The funding of research, education programs, and market development efforts; and b. The support of state, regional, national, and international entities…

An assessment at the rate of thirty mills per bushel [35.24 liters] is imposed upon all barley grown in this state, delivered to this state, or sold to a first purchaser in this state. The assessment does not apply to barley grown by a producer and used by the producer as livesto…

1. The first purchaser shall collect the assessment from the seller by deducting the assessment from the total price of the barley being purchased by the first purchaser. 2. The first purchaser shall keep documents regarding all purchases, sales, and shipments of barley for a per…

1. The first purchaser shall forward to the council all assessments collected by the first purchaser within thirty days after the conclusion of each calendar quarter. 2. If a first purchaser fails to submit the assessments as required by this section, the council may impose a pen…

1. If a producer sells barley to a first purchaser located outside this state and if the first purchaser has not contracted with the barley council to collect and remit assessments in accordance with this chapter, the producer shall determine the assessment due and shall submit t…

1. To receive a refund of any assessment paid in accordance with this chapter, a producer shall submit to the council a written request for a refund application within sixty days after the date of the assessment or final settlement. 2. The producer shall complete the refund appli…

Notwithstanding section 4.1-02-16, if a producer documents to the council that the producer has paid the assessment more than once on the same barley, the council shall reimburse the producer for the double payment.

The council shall approve all expenditures made pursuant to this chapter and shall submit an itemized voucher to the office of management and budget for payment.

The council shall forward all moneys received under this chapter to the state treasurer for deposit in the barley fund. All moneys in the barley fund are appropriated on a continuing basis to the council to carry out this chapter.

1. a. When petitioned to do so by at least fifteen percent of the participating producers, the council shall conduct a referendum among the participating producers of the state to determine the amount by which the assessment imposed by this chapter should be raised or lowered. b.…

Any person willfully violating this chapter is guilty of a class B misdemeanor.