Title 4.1, Agriculture

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

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

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-09-05, the director of the North Dakota state university extension service shall call a meeting of all county representatives in the sunflower district represented by the member whose term is to…

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-09-06, the director of the North Dakota state university extension service shall call a meeting of all county representatives in the canola district represented by the member whose term is to ex…

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, except the individual appointed by the director of the agricultural experiment station, 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 expens…

1. The council may: a. Expend moneys collected pursuant to this chapter for 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 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, and market development efforts, as well as participation in programs under the auspices of other state, region…

1. Before a first purchaser may sell, process, or ship any oilseeds, the first purchaser shall obtain a certificate from the council. 2. The certificate is available upon submission to the council of an application containing the name under which the first purchaser is transactin…

1. An assessment at the rate of four cents per hundredweight [45.36 kilograms] is imposed upon all sunflowers and canola grown in this state or sold to a first purchaser. 2. An assessment at the rate of three cents per bushel [35.24 liters] is imposed upon all flax grown in this …

1. The first purchaser shall collect the assessment from the producer by deducting the assessment from the total price of the oilseeds being purchased by the first purchaser. 2. Each first purchaser shall keep documents regarding all purchases, sales, and shipments of oilseeds fo…

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

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 4.1-09-19, if a producer documents to the council that the producer has paid the assessment more than once on the same oilseeds, 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 oilseed fund. All moneys in the oilseed fund are appropriated on a continuing basis to the council to carry out this chapter.

1. a. When petitioned to do so by 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. To be co…

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