N.D. Admin. Code Title 79 — Oilseed Council

Article 79-01 General Administration

Chapter 79-01-01 Organization of Council

N.D. Admin. Code 79-01-01-01 Organization of the oilseed council

1.History. The 1977 legislative assembly passed the Sunflower Industry Promotion Act, codified as North Dakota Century Code chapter 4-10.2. The sunflower council was created to promote North Dakota grown sunflowers through research and advertising. The 1989 legislative assembly amended North Dakota Century Code chapter 4-10.2 changing the name from the sunflower council to the oilseed council. The amendment also changes the membership and assessments relating to sunflower, safflower, rapeseed or canola, crambe, and flax. It being the intended purpose of this chapter that the council promote and advertise sunflower, safflower, rapeseed or canola, crambe, and flax produced or marketed for sale in this state.

2.Council membership. The council consists of eleven members. The membership is composed of one participating sunflower grower elected from each of the seven sunflower districts in the state, one participating safflower grower appointed by the governor, one participating rapeseed or canola grower appointed by the governor, one participating flax grower appointed by the governor, and one member appointed by the director of the agricultural experiment station. The commissioner of agriculture is an ex officio member of the council.

3.Chairman. The chairman is a member of the council and is elected by a majority vote of the council. All meetings of the council are called by the chairman. Special meetings are called by the chairman within seven days after receipt of a petition by two council members.

4.Inquiries. The public may obtain information or make submissions to or requests of the council by writing to:

Chairman North Dakota Oilseed Council 4023 North State Street Bismarck, North Dakota 58501

History

• History: Amended effective November 1, 1981; November 1, 1985; November 1, 1989.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Article 79-02 Council Operations

Chapter 79-02-01 General Provisions

N.D. Admin. Code 79-02-01-01 Scope

This article is promulgated pursuant to North Dakota Century Code chapter 4-10.2 and section

N.D. Admin. Code 28-32-02 This article applies to all sunflowers, safflower, rapeseed or canola, crambe, and flax grown in North Dakota or sold to a first purchaser and shall be applied in conjunction with North Dakota Century Code chapter 4-10.2

History

• History: Amended effective June 1, 1990; June 1, 1992.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 4-10.2-01

N.D. Admin. Code 79-02-01-02 Operations of council

All official functions of the oilseed council shall be subject to North Dakota Century Code chapter 28-32.

History

• History: Amended effective June 1, 1990.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 4-10.2-07

Chapter 79-02-02 Oilseed Tax Reports and Refunds

N.D. Admin. Code 79-02-02-01 Definitions

Unless otherwise defined, or made inappropriate by context, all words used in this chapter shall have that meaning given to them under North Dakota Century Code chapter 4-10.2.

History

• History: Amended effective June 1, 1990; June 1, 1992.
• Law Implemented: NDCC 4-10.2-02

N.D. Admin. Code 79-02-02-02 Purpose of oilseed tax

The purpose of the oilseed tax is to promote and provide better methods of production, development, processing, and marketing of sunflowers, safflower, rapeseed or canola, crambe, and flax so that persons involved in these industries and North Dakota are benefited.

History

• History: Amended effective June 1, 1990.
• Law Implemented: NDCC 4-10.2-01

N.D. Admin. Code 79-02-02-03 Reports - Form and content

Every first purchaser shall, within fifteen days after the end of each calendar quarter, file a quarterly oilseed promotion report including the remittance of assessment fees for that quarter, with the council in the form and containing the information as prescribed by the council. Calendar quarters shall end on March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year.

History

• History: Amended effective June 1, 1990; June 1, 1992.
• Law Implemented: NDCC 4-10.2-08

N.D. Admin. Code 79-02-02-04 Oilseed tax refund

Any grower desiring a refund of the grower's sunflower, safflower, rapeseed or canola, crambe, or flax assessment shall make application by personal letter to the chairman of the oilseed council. The application or request for refund shall be made within sixty days following the assessment or final settlement. Upon receipt of the grower's personal letter of application or request for refund, the council shall send to the grower a refund application blank which must be returned by the grower within sixty days from the date of mailing the refund application blank.

History

• History: Amended effective June 1, 1990.
• Law Implemented: NDCC 4-10.2-09