N.D. Admin. Code Title 19 — Dairy Promotion Commission [Not an Administrative Agency]

Article 19-01 General Administration

Chapter 19-01-01 Organization of Commission

N.D. Admin. Code 19-01-01-01 Organization of dairy promotion commission

1.History. The 1959 legislative assembly passed the North Dakota Dairy Commission Promotion Act, which is codified as North Dakota Century Code chapter 4-27. The chapter establishes a dairy promotion commission.

2.Function. The dairy promotion commission is established to promote the sale and disposal of North Dakota dairy products, assure the future operation of processing plants in North Dakota, and to maintain dairy markets.

3.Commission membership. The commission consists of nine members. Three members are appointed by the governor. Two appointees are producers appointed from a list of nominees supplied by the American dairy association of North Dakota, and one appointee is a processor appointed from a list of nominees supplied by the North Dakota dairy industries association.

The term of office of a producer member is two years with the term of one producer member expiring each year. In addition to the three appointed members, there are two ex officio members of the commission: the commissioner of agriculture or designee, and the head of the animal science department at North Dakota state university or designee. In addition to appointed and ex officio members, there are two members elected by the milk producers association of North Dakota each with two-year terms, and the president of the American dairy association and the president of the North Dakota dairy council.

4.Commission officers. The commission elects a chairman, vice chairman, secretary-treasurer, and such other officers it deems advisable to exercise its powers and perform its duties.

5.State manager. The commission selects a state manager who is responsible for administration of the commission's activities.

6.Inquiries. Inquiries regarding the commission may be addressed to the state manager:

Industry Relations Manager Midwest Dairy Association 9685 65th Avenue SE Ashley, ND 58413 (701)374-5611 (701)374-5621 Fax www.midwestdairy.com

January 1, 1992; January 1, 2001.

History

• History: Amended effective August 1, 1983; November 1, 1985; April 1, 1988; January 1, 1990;
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Article 19-02 Dairy Products Promotion

Chapter 19-02-01 Dairy Products Assessment and Refund

N.D. Admin. Code 19-02-01-01 Assessment on dairy products

Starting July 1, 1985, an assessment of ten cents per hundredweight [45.36 kilograms] on all milk or some product therefrom produced and sold in North Dakota will be levied on the producer of that milk or product therefrom. All assessments levied must be collected by the first dealer, through a deduction of the assessment. All moneys received by the dealers must be remitted to the state treasurer and deposited by the state treasurer in the North Dakota dairy promotion commission fund.

History

• History: Amended effective December 1, 1988.

N.D. Admin. Code 19-02-01-02 Request for refund

Any producer desiring a refund of the assessment must personally make a written request for one refund form, include a stamped self-addressed envelope with the request, complete the form, and return it to the North Dakota dairy promotion commission office no later than thirty days after final monthly payment to the producer.

N.D. Admin. Code 19-02-01-03 Refund on monthly basis

Refunds are made on a monthly basis only. A refund form can be used only for the month it is stamped.

N.D. Admin. Code 19-02-01-04 Addressed and stamped envelope required

No postcards will be answered. A self-addressed, stamped envelope must be sent with the request for a refund form. A self-addressed, stamped envelope must also be sent with the completed refund form for return check.