Title 4.1, Agriculture

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.

As used in this chapter: 1. "Commissioner" means the agriculture commissioner or the commissioner's designee. 2. "Council" means the North Dakota dry bean council. 3. "Designated handler" means any person that initially places dry beans into the channels of trade and commerce or …

The state consists of the following six dry bean districts: 1. Cavalier, Pembina, and Towner Counties. 2. Ramsey and Walsh Counties. 3. Grand Forks and Nelson Counties. 4. Griggs, Steele, and Traill Counties. 5. Barnes, Cass, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom, Rich…

1. The council consists of one participating producer elected from each of the districts established in section 4.1-06-02. 2. Each member of the council must be a United States citizen. 3. Each member of the council must be a resident of and participating producer in the district…

1. Each year during the month of February the commissioner shall identify the districts represented by council members whose terms are about to expire. 2. a. The commissioner shall forward to each producer residing in the district a letter inviting the producer to place the produ…

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 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 designated handler may sell, process, or ship dry beans, the designated handler 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 designated handler is tran…

1. An assessment at the rate of ten cents per hundredweight [45.36 kilograms] must be imposed upon all dry beans grown in this state, delivered into this state, or sold to a designated handler. 2. The assessment imposed by this section does not apply to dry bean seeds nor to dry …

1. The designated handler shall collect the assessment from the seller by deducting the assessment from the total price of the dry beans being purchased by the designated handler. 2. Each designated handler shall keep documents regarding all purchases, sales, and shipments of raw…

1. Each designated handler shall forward to the council all assessments collected by the handler no later than the thirtieth day 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 impose …

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 4.1-06-15, if a producer documents to the council that the producer has paid the assessment more than once on the same dry beans, 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 dry bean fund. All moneys in the dry bean fund are appropriated on a continuing basis to the council to be used 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.

As used in this chapter: 1. "Council" means the North Dakota dry pea and lentil council. 2. "Dry peas and lentils" include chickpeas, lupins, and fava beans. 3. "First purchaser" means any person accepting for sale or otherwise acquiring dry peas and lentils from a grower after h…

The state consists of the following five dry pea and lentil districts: 1. Burke, Divide, McKenzie, Mountrail, and Williams Counties. 2. Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark Counties. 3. Benson, Bottineau, …

1. The council consists of one participating producer elected from each district established in section 4.1-07-02. 2. Each member of the council must be a United States citizen. 3. Each member of the council must be a resident of and participating producer in the district that th…

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 dry pea and lentil producers for the purpose of electing a county representative. b. The council s…

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-07-04, 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.

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 performin…

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. a. Contract with the government…

1. The council 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, as well as participation in programs under the auspices of the United States dr…

1. Before a first purchaser of dry peas and lentils may sell, process, or ship any dry peas or lentils, 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 whic…

An assessment at the rate of one percent of the net value of dry peas and lentils is levied upon all dry peas and lentils grown in the state or sold to a first purchaser.

1. A first purchaser shall collect the assessment from the producer by deducting the assessment from the net purchase price of the dry peas and lentils being purchased by the first purchaser. 2. Each first purchaser shall keep documents regarding all purchases, sales, and shipmen…

1. Each first purchaser shall forward to the council all assessments collected by the first purchaser no later than the thirtieth day 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 impos…

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 4.1-07-15, if a producer documents to the council that the producer has paid the assessment more than once on the same dry peas or lentils, the council shall reimburse the producer for the double payment.

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.

All moneys received by the council under this chapter are appropriated on a continuing basis to the council to be used 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.

As used in this chapter: 1. "Beekeeper" means any person owning or controlling a colony of bees for the production of honey, beeswax, or byproducts. 2. "Commissioner" means the agriculture commissioner.

An annual assessment in the amount of ten cents is imposed on each colony of honeybees licensed by the beekeeper. The minimum annual assessment is one dollar.