Title 4.1, Agriculture

As used in this chapter: 1. "Commissioner" means the agriculture commissioner or the commissioner's designee. 2. "Corn" means all varieties of corn, except sweet corn and popcorn. 3. "Council" means the North Dakota corn utilization council. 4. "Designated handler" means: a. Any …

The state consists of the following seven corn districts: 1. Richland County; 2. Cass, Steele, and Traill Counties; 3. Benson, Bottineau, Burke, Cavalier, Divide, Grand Forks, McHenry, Mountrail, Nelson, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, Walsh, Ward, and William…

1. The council consists of one producer elected from each of the seven districts established in section 4.1-04-02. 2. Each member of the council must be a resident of the district that the member represents. 3. A member of the council may not have requested a refund under section…

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 corn producers for the purpose of electing a county representative. b. The council shall publish n…

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-04-04, 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 an election are the responsibility of the council.

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 officials if the member is attending meetings or performi…

The council may: 1. Expend moneys collected pursuant to this chapter for its administration; 2. Employ, bond, and compensate necessary personnel; 3. Accept gifts, grants, and donations of money, property, and services to carry out this chapter; 4. Contract with any person for any…

1. The council shall determine the uses for which any moneys raised under this chapter may be expended. The uses may include the funding of research, education programs, corn policy development, promotion, and market development efforts, as well as participation in programs under…

Until the commissioner certifies that a national corn checkoff is in effect, an assessment at the rate of one-quarter of one percent of the value of a bushel must be imposed upon all corn purchased by the first designated handler in this state.

1. A designated handler shall collect the assessment from the producer by deducting the assessment from the purchase price of the corn. 2. Each designated handler shall keep documents regarding all purchases, sales, and shipments of corn for a period of three years. The records m…

1. If a producer sells corn to a person that is not a designated handler, the producer shall forward the assessment to the council within thirty days after the end of each calendar quarter. 2. If a producer fails to submit the assessments as required by this section, the council …

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 4.1-04-13, if a producer documents to the council that the producer has paid the assessment more than once on the same corn, the council shall reimburse the producer for the double payment.

1. Each designated handler shall forward to the council all assessments collected by the designated handler within thirty days after the end of each calendar quarter. 2. If a designated handler fails to submit the assessments as required by this section, the council may levy a pe…

The council shall approve all expenditures made pursuant to this chapter. The expenditures must be recorded on itemized vouchers and the records must be maintained as directed by the state records administrator.

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

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

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