Title 4.1, Agriculture

A person may not sell, or offer for sale, any milk or milk product, their imitations or substitutes, that is produced, processed, manufactured, transported, or stored, in violation of the laws of this state or the rules of the commissioner, or which do not subscribe to the defini…

This chapter does not prohibit the manufacture or sale of filled dairy products or imitation milk and imitation milk products when those products are prominently labeled to show their composition and the fact the products are sold customarily for use as directed by order of a phy…

This chapter does not prohibit the manufacture or sale of proprietary foods that are clearly not imitation milk, imitation milk products, or filled dairy products; which do not contain imitation milk, imitation milk product, or filled dairy product; and which are not conducive to…

It is not a violation of this chapter to transfer or obtain raw milk under a shared animal ownership agreement. A person may not resell raw milk or raw milk products obtained under a shared animal ownership agreement.

1. A farm may sell raw milk or raw milk products directly to the end consumer in this state for personal consumption. 2. A farm may not sell raw milk or raw milk products to a wholesaler or retail store for mass consumption under this chapter. The seller may not sell raw milk or …

A person who sells milk or milk products at retail in the state shall comply with the labeling standards and standards of identity set forth in 21 U.S.C. 343(q)(r) and in rules adopted by the commissioner.

The commissioner shall furnish blanks to all licensed creameries, cheese factories, condenseries, drying plants, ice cream plants, ice milk plants, milk plants, and producer-distributors for the purpose of making a report of the amount of milk and milk products handled. Each prop…

If a disagreement between a seller and a buyer or the legal representatives of both or either arises over the percentage of butterfat contained in any quantity of milk sold or offered for sale at the request of the owner and in the owner's presence, a sample of the milk obtained …

If the buyer and seller do not agree upon a sample of milk as provided in section 4.1-25-43, the party selling or offering for sale that milk may require that the buyer or prospective buyer to forward the sample taken to the department in compliance with section 4.1-25-27. Each s…

The standards in this chapter constitute only minimum standards. This chapter may not be construed to prevent any municipality from providing, by ordinance, more stringent or comprehensive standards than are contained within this chapter. Neither this chapter nor in the rules of …

All fees and penalties collected under this chapter must be deposited with the state treasurer and credited to the general fund.

Any milk or cream offered for sale in violation of any provision of this chapter or the rules of the commissioner must be colored with a harmless food coloring and returned to the seller. In addition, any milk or milk product that is in violation of any provision of this chapter …

A person violating any provision of this chapter or any rule or order of the commissioner, for which another criminal penalty is not specifically provided is guilty of a class B misdemeanor. In addition, a civil penalty not to exceed five hundred dollars per day for each violatio…

A complaint made for a violation of this chapter does not require the endorsement of the state's attorney, but when the court hearing a complaint made is satisfied of the truthfulness of the complaint, the court shall issue a warrant.

The commissioner may adopt rules under chapter 28-32 to implement this chapter.

Notwithstanding chapter 28-32, the commissioner may not adopt any rule that restricts, limits, or imposes additional requirements on any person transferring or obtaining raw milk in accordance with the terms of a shared animal ownership agreement.

The commissioner shall administer and supervise the enforcement of this chapter, provide for periodic inspections and investigations deemed necessary to ensure compliance with this chapter or the rules under this chapter, receive and provide for the investigation of complaints; a…

Unless the context otherwise requires, the definitions in this section apply to this chapter. 1. "Bulk milk" means milk that is purchased by a processor from a person other than a dairy farmer and which is purchased in a container other than the one in which the milk will be reso…

1. The milk marketing board consists of: a. A dairy farmer appointed by the governor from a list of two names submitted by the milk producers association of North Dakota; b. A processor appointed by the governor from a list of two names submitted by the North Dakota dairy industr…

1. The term of office for each member is five years and begins on July first. 2. Terms of office must be staggered so that no more than one term expires each year. 3. If at any time during a member's term the member ceases to possess any of the qualifications required by this cha…

Each member of the board is entitled to receive compensation in the amount established by the board, 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 performing…

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

The board may: 1. Do all things necessary and proper to enforce and administer this chapter; 2. Employ and compensate necessary personnel; 3. Employ an attorney licensed in this state; 4. Serve as a mediator or an arbitrator in any dispute among or between dairy farmers, processo…

The board shall employ and compensate a director and annually review the appointment of the director. The director serves at the pleasure of the board.

1. This chapter does not limit, decrease, or amend the authority of the agriculture commissioner, any public board of health, or any public health official, with respect to matters of health and sanitation. 2. This chapter does not authorize the milk marketing board to regulate t…

1. The milk marketing board shall divide the state into milk marketing areas. 2. All real property in the state must belong to a milk marketing area. 3. The board may increase the number of marketing areas in the state, decrease the number of marketing areas in the state, or alte…

The milk marketing board shall establish a milk stabilization plan for each milk marketing area. 1. a. Each milk stabilization plan must include the minimum price that processors located within the particular milk marketing area must pay to dairy farmers for raw milk. b. In estab…

1. a. A milk stabilization plan established in accordance with section 4.1-26-10 may include the minimum price that must be charged for milk products and frozen dairy products by any person other than those referenced in subsection 2 of section 4.1-26-10. b. (1) Nothing in this s…

1. A milk stabilization plan established in accordance with section 4.1-26-10 may include maximum prices for sales of milk products by a: a. Processor; b. Distributor; or c. Retailer. 2. In establishing the maximum prices as permitted by this section, the board must consider vari…

A milk stabilization plan established in accordance with section 4.1-26-10 may permit processors and distributors to provide quantity discounts to retailers, in connection with the sales of milk products and frozen dairy products. 1. If quantity discounts are permitted, the milk …

1. A milk stabilization plan established in accordance with this chapter may require that processors and distributors file with the board the uniform wholesale price at which a frozen dairy product will be sold within the marketing area. 2. If price filings are required, as permi…

1. Minimum and maximum prices established in accordance with this chapter for products other than raw milk may reflect packaging cost differences. 2. Minimum and maximum prices established in accordance with this chapter for home- delivered products may vary from the prices estab…

Whenever a milk stabilization plan is changed with respect to the minimum price that processors located within a particular milk marketing area must pay to dairy farmers for raw milk, the milk marketing board shall ensure that simultaneous changes occur in all other minimum and m…

1. a. A person must be licensed by the milk marketing board as a dairy farmer if the person sells grade A raw milk that the person has produced to a processor that: (1) Must be licensed in accordance with this chapter; and (2) Processes the milk at a plant located in this state. …

The milk marketing board, by rule, may provide for the licensing of persons engaged in supplying milk products or frozen dairy products to consumers through the use of vending machines.

To obtain a license required by this chapter, a person must complete an application form and submit it to the milk marketing board.

1. Before a processor may be licensed by the milk marketing board, as required by this chapter, the processor shall obtain a license from the agriculture commissioner, in accordance with chapter 4.1-25. 2. Before a distributor may be licensed by the board, as required by this cha…

1. Within thirty days after receiving an application for a license under this chapter, the milk marketing board shall: a. Issue the license; or b. Notify the applicant of the date on which a hearing will be held to receive evidence relative to the application. 2. A hearing under …

The milk marketing board may refuse to license any person, except a dairy farmer.

The milk marketing board may deny an application for a processor's license or a distributor's license if the board determines that: 1. Persons currently licensed by the board in that capacity are supplying an adequate variety and quantity of high-quality milk products and frozen …

1. As a condition of licensure, an applicant for a processor's license shall declare in the application that the applicant: a. Will not sell milk products or frozen dairy products to any person who is not properly licensed in accordance with this chapter; b. Will sell such milk p…

A license issued under this chapter is effective until: 1. There is a change of ownership or of location; 2. The license is suspended or revoked; or 3. The business that is licensed is discontinued or is inactive for more than thirty days.

The milk marketing board may not charge a fee for the issuance or maintenance of any license required by this chapter.

1. a. Each licensed processor shall pay to the milk marketing board an amount determined by the board but not exceeding eighteen cents per hundredweight [45.36 kilograms], on all milk and milk equivalents used by the processor in manufacturing milk products and frozen dairy produ…

1. The milk marketing board shall specify by rule all records that each licensee must maintain. 2. Each licensee shall retain the records required in accordance with this section for a period of three years.

1. Any information created, collected, or maintained by the milk marketing board under this chapter is confidential and not subject to the open records requirements of section 44-04-18, except that the board may: a. Utilize the information in the administration of this chapter; b…