Title 4.1, Agriculture

Notwithstanding section 4.1-02-16, if a producer documents to the council that the producer has paid the assessment more than once on the same barley, 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 barley fund. All moneys in the barley fund are appropriated on a continuing basis to the council to carry out this chapter.

1. a. When petitioned to do so by at least 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.…

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

As used in this chapter: 1. "Beef producer" means any person that has an ownership interest in cattle. 2. "Cattle" means live domesticated bovine animals. 3. "Cattle feeder" means a person in the business of feeding cattle for the purpose of adding weight to the cattle prior to s…

1. The North Dakota beef commission consists of: a. Three beef producers; b. One cattle feeder; c. One dairy producer; d. One representative of a public livestock market; and e. Three at-large representatives. 2. The governor shall appoint: a. Each beef producer from a list of at…

1. The term of office for each member is three years and begins on July first. The terms must be staggered so that no more than three terms expire each year. 2. A member of the commission may not serve more than two consecutive terms. If an individual is appointed after August 1,…

If a member's office is vacant, the position must be filled, for the remainder of the term, in the same manner as the original appointment. A member's office is vacant if: 1. At any time during a member's term the member ceases to possess any of the qualifications provided for in…

The commission may appoint up to four nonvoting members. The term of office for a member appointed under this section is one year. The number of terms that may be served by a member under this section is not limited. The commission shall adopt policies governing the appointments …

A majority of the commission's voting members constitutes a quorum for the transaction of business.

1. Annually, the commission shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the commission and shall call a special meeting within seven days when petitioned to do so by three voting members of the commission. 3. The commission shall ho…

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…

The commission 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 …

The commission shall: 1. Establish and maintain an office centrally located within this state; 2. Keep accurate records of all assessments and other financial transactions under this chapter; and 3. Determine the uses to which any moneys raised under this chapter may be expended.…

1. a. Any person who sells cattle in this state or from this state must pay an assessment equal to the amount set forth in federal law. b. In addition to the assessment required in subdivision a, any person who sells cattle in this state or from this state must pay an assessment …

1. Each livestock auction market and livestock dealer shall: a. Collect the assessments due under this chapter by deducting the assessments from any credit given or payment made to the seller of the cattle, at the time of the transaction; and b. Forward the assessments to the com…

1. Any person required to forward assessments to the commission in accordance with section 4.1-03-12 shall do so no later than the fifteenth day of the month following that in which the cattle were sold. 2. Any unpaid assessments due pursuant to this chapter must be increased by …

1. Any person required to collect or submit an assessment under this chapter shall keep a record of: a. The number of cattle: (1) Purchased; (2) Initially transferred; and (3) Otherwise subject to assessment under this chapter; b. The date of any transaction involving cattle refe…

1. The commission may require the purchaser of cattle subject to assessment under this chapter to furnish the commission with a list of persons from whom cattle were purchased. 2. Any person knowingly refusing to furnish the commission with required information is guilty of a cla…

The commission shall forward all moneys received under this chapter to the state treasurer for deposit in the North Dakota beef commission fund. All moneys in the North Dakota beef commission fund are appropriated on a continuing basis to the commission to be used exclusively to …

1. a. When the attorney general certifies to the commission that refunds of assessments paid under subdivision a of subsection 1 of section 4.1-03-11 are no longer precluded by federal law, the commission may provide to producers refunds of assessments paid under subdivision a of…

1. The following are not public records subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota: a. Records furnished to the commission pursuant to section 4.1-03-14; b. Records furnished to the commission pursuant to section 4.1-03-15; and c. …

As used in this chapter: 1. "Commissioner" means the agriculture commissioner or the commissioner's designee. 2. "Corn" means all varieties of corn, except sweet corn and popcorn. 3. "Council" means the North Dakota corn utilization council. 4. "Designated handler" means: a. Any …

The state consists of the following seven corn districts: 1. Richland County; 2. Cass, Steele, and Traill Counties; 3. Benson, Bottineau, Burke, Cavalier, Divide, Grand Forks, McHenry, Mountrail, Nelson, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, Walsh, Ward, and William…

1. The council consists of one producer elected from each of the seven districts established in section 4.1-04-02. 2. Each member of the council must be a resident of the district that the member represents. 3. A member of the council may not have requested a refund under section…

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 corn producers for the purpose of electing a county representative. b. The council shall publish n…

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-04-04, 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 an election 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 officials if the member is attending meetings or performi…

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 determine the uses for which any moneys raised under this chapter may be expended. The uses may include the funding of research, education programs, corn policy development, promotion, and market development efforts, as well as participation in programs under…

Until the commissioner certifies that a national corn checkoff is in effect, an assessment at the rate of one-quarter of one percent of the value of a bushel must be imposed upon all corn purchased by the first designated handler in this state.

1. A designated handler shall collect the assessment from the producer by deducting the assessment from the purchase price of the corn. 2. Each designated handler shall keep documents regarding all purchases, sales, and shipments of corn for a period of three years. The records m…

1. If a producer sells corn to a person that is not a designated handler, the producer shall forward the assessment to the council within thirty days after the end of each calendar quarter. 2. If a producer fails to submit the assessments as required by this section, the council …

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 4.1-04-13, if a producer documents to the council that the producer has paid the assessment more than once on the same corn, the council shall reimburse the producer for the double payment.

1. Each designated handler shall forward to the council all assessments collected by the designated handler within thirty days 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 levy a pe…

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.

The council shall forward all moneys received under this chapter to the state treasurer for deposit in the corn fund. All moneys in the corn fund are appropriated on a continuing basis to the council to be used exclusively to carry out this chapter.

1. a. When petitioned to do so by fifteen percent of the producers, the council shall conduct a referendum among the producers of the state to determine the amount by which the assessment imposed by this chapter should be raised or lowered. b. To be considered a valid petition, n…

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

As used in this chapter: 1. "Commission" means the North Dakota dairy promotion commission. 2. "Dairy product" means a product for human consumption which is derived from the processing of milk from a healthy four-legged hooved mammal. The term includes a milk product normally co…

1. The North Dakota dairy promotion commission consists of the following voting members: a. Two producers appointed by the governor from a list of nominees submitted by the milk producers association of North Dakota; b. The chairman of the North Dakota division of the midwest dai…

The commission may appoint up to four nonvoting members. The commission shall adopt policies governing the appointments and qualifications of nonvoting members.

1. Annually, the commission shall elect one member to serve as the 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 commission members. 3. Annually, the commi…

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 p…

The commission 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…

The commission 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, to promote the increased sale and consumption of dairy products, as well as par…