Title 4.1, Agriculture

As used in this chapter: 1. "Commission" means the North Dakota dairy promotion commission. 2. "Dairy product" means a product for human consumption which is derived from the processing of milk from a healthy four-legged hooved mammal. The term includes a milk product normally co…

1. The North Dakota dairy promotion commission consists of the following voting members: a. Two producers appointed by the governor from a list of nominees submitted by the milk producers association of North Dakota; b. The chairman of the North Dakota division of the midwest dai…

The commission may appoint up to four nonvoting members. The commission shall adopt policies governing the appointments and qualifications of nonvoting members.

1. Annually, the commission shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the commission and shall call a special meeting of the commission within seven days when petitioned to do so by three commission members. 3. Annually, the commi…

Each member of the commission is entitled to receive compensation, in the amount established by the commission, 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 p…

The commission 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…

The commission shall determine the uses to which any moneys raised under this chapter may be expended. The uses may include the funding of research, education programs, and market development efforts, to promote the increased sale and consumption of dairy products, as well as par…

1. Each producer must pay an assessment of ten cents per hundredweight [45.36 kilograms] on all milk sold by the producer and on any milk used by the producer to manufacture other products. 2. All assessments imposed by this section: a. Must be collected by the first dealer or pr…

1. Any person in possession of assessments required by this section shall forward the assessments to the commission on or before the final day of the month following the month in which the milk or milk products were marketed. 2. If a person fails to submit the assessments imposed…

Any person responsible for the collection and submission of assessments under this chapter shall keep a record of all gross receipts subject to the assessment. These records must be retained for a period of three years from the date of the transaction and are subject to inspectio…

1. Any person required by section 4.1-05-10 to keep a record shall: a. Submit to the commission a form indicating: (1) The amount of milk that was subject to the assessment during the preceding month; and (2) Any other information that the commission requests; and b. Retain a cop…

1. When the attorney general certifies to the commission that refunds of assessments paid in accordance with this chapter are no longer precluded by the Dairy Research and Promotion Act [7 U.S.C. 4501 et seq.] or by any other applicable law, the commission may provide refunds to …

The commission 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 commission shall forward all moneys received under this chapter to the state treasurer for deposit in the North Dakota dairy promotion commission fund. All moneys in the North Dakota dairy promotion commission fund are appropriated on a continuing basis to the commission to b…

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