Title 4.1, Agriculture

As used in this chapter: 1. "Commercial channels" means the sale of wheat by a producer to any person who resells wheat or any product produced from wheat. 2. "Commission" means the North Dakota state wheat commission. 3. "Final settlement" means: a. The date that wheat upon whic…

The state consists of the following six wheat districts: 1. Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark Counties; 2. Burke, Divide, McKenzie, Mountrail, Renville, Ward, and Williams Counties; 3. Burleigh, Eddy, E…

1. The wheat commission consists of: a. One individual elected from each of the six districts established in section 4.1-13-02; and b. One individual appointed to represent the state at large. 2. Each elected member of the wheat commission must be a resident of the district that …

1. The term of each commission member is four years. 2. The term of an elected member begins on July first following the date of the member's election and continues until the member's successor has been elected and qualified. The term of the member at large begins on July first o…

1. No later than May first of the year in which the term of an elected commission member is to expire, the extension agent for each county in that member's district shall hold a meeting of producers for the purpose of electing a county representative. 2. The commission shall publ…

1. Upon receiving the notice required by subsection 6 of section 4.1-13-05, 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. The director sh…

In addition to any other duties established in section 4.1-13-06, the commission may require county representatives to attend meetings for the purpose of promoting commission programs and to perform other duties as directed by the commission. The commission shall reimburse the ex…

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

1. No sooner than sixty days before the term of the commission's member at large is to expire, the agriculture commissioner, serving as the chairman, shall convene a nominating committee consisting of the following individuals: a. The agriculture commissioner; b. The director of …

1. The commission shall declare a member to be ineligible and the member's position vacant if the commission determines that the member no longer meets the qualifications set forth in section 4.1-13-03. 2. The commission may declare a member to be ineligible and the member's posi…

1. Annually, the commission shall elect one member to serve as the chairman and another to serve as the vice 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 …

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 pe…

1. The commission 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 f…

1. The commission 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 efforts under the auspices of other state, regi…

An assessment at the rate of twenty mills per bushel [35.24 liters] by weight is imposed upon all wheat: 1. Grown in this state, at the time of its sale; 2. Delivered into this state, at the time of its sale; and 3. Sold through commercial channels to a first purchaser in this st…

1. The first purchaser shall collect the assessment from the seller by deducting the assessment from the total price of the wheat being purchased. If the wheat is subject to a lien, pledge, or mortgage, the assessment must: a. Be deducted from the proceeds of the loan; or b. The …

No later than thirty days after the conclusion of each calendar quarter, each first purchaser shall: 1. Complete and file with the commission a form prescribed by the commission; and 2. Forward to the commission all assessments collected by the first purchaser.

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

Notwithstanding section 4.1-13-18, if a producer documents to the commission that the producer has paid the assessment more than once on the same wheat, the commission shall reimburse the producer for the double payment.

The commission shall approve all expenditures made pursuant to this chapter. All expenditures must be recorded on vouchers approved by the commission.

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

At the time the commission presents the report required by section 4.1-44-04, the commission shall present a separate report detailing the nature and extent of the commission's efforts to address trade and domestic policy issues. The commission may invite other entities with whic…

The commission shall expend an amount at least equal to that raised by two mills of the assessment provided for in section 4.1-13-15 to contract for activities related to domestic wheat policy issues, wheat production, promotion, and sales. The contracts may be with no more than …

At the time the commission presents the report required by section 4.1-54-04, each trade association with which the commission has contracted under section 4.1-13-23 shall present a report detailing all activities in which the trade association engaged under the contract.

The attorney general shall provide legal counsel to the commission or designate an assistant for that purpose.

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