Title 4.1, Agriculture

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 plus reimbursement for expenses if the member is attending meetings or performing duties directed by the council.

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 develop policies and initiate programs to promote the development of markets for and increase the utilization of soybeans grown in this state. 2. The council shall develop and disseminate information regarding the purpose of the soybean assessment and ways in…

If a federal assessment under the Soybean Promotion, Research, and Consumer Information Act [Pub. L. 101-624; 104 Stat, 3881; 7 U.S.C. 92 et seq.] or a similar act remains in place, a state assessment under this section is prohibited. If the Soybean Promotion, Research, and Consu…

If an assessment is in place under section 4.1-11-11: 1. Each designated handler shall collect the assessment from the seller by deducting the assessment from the purchase price of all soybeans subject to the assessment; 2. Each designated handler shall keep all records regarding…

At the time and in the manner prescribed by the council, each designated handler shall file with the council a quarterly report stating the quantity of all soybeans the handler purchased and assessed under section 4.1-11-11.

Each designated handler shall forward to the council all assessments collected by the handler under section 4.1-11-11 within thirty days after the end of each calendar quarter. If a designated handler fails to submit the assessments as required by this section, the council shall …

All moneys received under this chapter must be deposited in the soybean checkoff account at the Bank of North Dakota. All moneys in the soybean checkoff account are appropriated on a continuing basis to the council and may be used by the council for the payment of claims by the c…

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

1. "Commissioner" means the agriculture commissioner. 2. "Processor" means any person that purchases more than one thousand turkeys each year for slaughter. 3. "Producer" means any person that does business within this state and raises turkeys for slaughter each year.

1. The assessment required by this chapter is determined by: a. Calculating the flock average live weight at the time of delivery to a processor; and b. Calculating the actual number of turkeys in that flock after processing. 2. a. If the actual number of turkeys in a flock after…

The processor shall collect the assessment required by this chapter at the time the turkeys are delivered to a processing plant, by deducting the amount required under section 4.1-12-02 from the price paid to the producer.

At the time turkeys are delivered to a processor, the processor shall prepare and sign an invoice documenting: 1. The name and address of the producer; 2. The name and address of the seller, if the producer is not the seller; 3. The name and address of the processor; 4. The numbe…

1. A processor shall submit all assessments collected under this chapter to the commissioner within thirty days after the conclusion of each calendar quarter. 2. If a processor fails to submit the assessments as required by this section, the commissioner may impose a penalty equa…

The commissioner may contract with out-of-state processors for the collection and remittance of the assessment required by section 4.1-12-02.

To receive a refund of any assessment paid in accordance with this chapter, a producer shall obtain an application form from the commissioner within sixty days from the date the producer's turkeys were delivered to a processor. The producer shall return the completed form to the …

The commissioner shall forward all moneys received under this chapter to the state treasurer for deposit in a special fund known as the turkey fund. All moneys in the turkey fund are appropriated on a continuing basis to the commissioner to carry out this chapter.

The assessment required by this chapter may be used to fund research, education programs, and market development efforts, as well as participation in programs under the auspices of the national turkey federation.

The commissioner may: 1. Expend moneys raised under this chapter for the purposes set forth in section 4.1-12-09, provided the commissioner first consults with a committee appointed by the North Dakota turkey federation; 2. Require a processor to prepare and submit additional inf…

When compiling the biennial report required by section 54-06-04, the commissioner shall provide information regarding activities under this chapter, including the amount of assessments collected and the manner in which the moneys were expended.

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

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.