N.D. Admin. Code tit. 51 | N.D. Admin. Code Title 51 — Milk Marketing Board

Article 51-01 General Administration

Chapter 51-01-01 Organization of Board

N.D. Admin. Code 51-01-01-01 Organization of milk marketing board

1.History and purpose. The 1967 legislative assembly passed milk stabilization legislation which is codified as North Dakota Century Code chapter 4.1-26. This chapter requires the governor to appoint a milk marketing board. The purpose of the chapter is to protect and promote the public welfare and to eliminate unfair and demoralizing trade practices in the milk industry.

2.Board membership. The board consists of five members appointed by the governor. One member is a dairy farmer, one member is a processor, one member is a retailer, and two members are consumers and are not otherwise engaged in the milk business. Board members serve five-year terms, with one term expiring each year. The board chooses one of its members as a chairman who holds office for one year. Three members of the board constitute a quorum for the transaction of business.

3.Director. The director is the chief executive officer of the board and is the legal custodian of all papers, records, and property. The director is responsible for the administration of the board's activities and also serves as financial officer of the board. The director is authorized to accept and receive all money paid to the board.

4.Funds and expenditures. To obtain funds for administration of the chapter, the board levies an assessment upon all licensed processors on milk or milk equivalents used for the manufacture of milk products and frozen dairy products sold in North Dakota. All such assessments are deposited by the board in the state treasury in a special revolving fund known as the "milk marketing fund". All expenditures under the chapter are paid out of the milk marketing fund. All money in the milk marketing fund is appropriated on a continuing basis to the board for carrying out the purposes of the chapter.

5.Board office and hours. The office of the North Dakota milk marketing board is in Bismarck, North Dakota, and is open on each business day from eight a.m. until twelve noon and one p.m. to five p.m.

6.Communications. All communications with the board may be addressed to the director:

Director North Dakota Milk Marketing Board 410 East Thayer Avenue, No. 2 Bismarck, ND 58501-4049 701-328-9588

History

History: Amended effective April 1, 1994; September 1, 1995; July 1, 2000.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02

Chapter 51-01-02 Practice and Procedure before the Board

N.D. Admin. Code 51-01-02-01 Appearance and practice before the board

Any person may appear in any proceeding before the board who has a bona fide interest in the subject matter of the proceeding. Attorneys at law who are admitted to practice before the courts of the state of North Dakota may represent any participant in a proceeding. Any member of the bar of another state may be permitted by the board or a hearing officer to appear and conduct a cause or matter. Any other person who shall file proof to the satisfaction of the board or a hearing officer that the person is possessed of necessary legal or technical qualifications to enable the person to render valuable service may be permitted to practice before the board. All persons appearing before the board or a hearing officer must conform to the standards of ethical conduct required of practitioners before the courts of the state of North Dakota.

N.D. Admin. Code 51-01-02-02 Pleadings and documents

1.Filing. All pleadings and documents in proceedings before the board shall be filed with the executive secretary.

2.Docket number and title. Each matter coming formally before the board shall be given a docket number and a title descriptive of the subject matter. The number and title shall be used on all pleadings. As far as possible, any communication to the board in any particular matter shall bear the docket number.

3.Signature. All pleadings and other documents shall be signed by the person presenting the same or by the person's duly authorized attorney.

4.Copies of exhibits. All documents submitted in evidence as exhibits should consist of an original and five copies for the convenience of the board in preparing transcripts. (Failure to comply with this subsection is not fatal.)

N.D. Admin. Code 51-01-02-03 Service of process

1.Complaint. The notice of hearing and complaint in an adjudicatory matter shall be served on all parties to the proceeding either personally or by certified mail, as the board may direct.

Such service may be waived in writing by the respondent.

2.Decision of the board. The findings of fact, conclusions of law, and decision of the board in an adjudicatory matter shall be served upon all the parties to the proceeding either personally or by registered or by certified mail.

3.Other process. All other notices, processes, and orders of the board may be served in the same manner as provided in the North Dakota Rules of Civil Procedure. Except where specifically provided by statute, any notices, processes, and orders of the board may be served by mailing it to the last known address of the person to be served.

4.Proof of service. The affidavit or certificate of service of the person, sheriff or other officer making the same setting forth the manner of service shall be proof of said service. When service by mail is made, an affidavit or certificate of mailing shall be proof of said service, and service by mail is complete upon mailing. Service may also be admitted in writing. When service by publication is made, an affidavit as provided in North Dakota Century Code section 31-04-06 shall be proof of service.

History

General Authority: NDCC 4.1-26-35, 28-32-05, 28-32-13; NDRCivP RULE 4, NDRCivP RULE 5

N.D. Admin. Code 51-01-02-04 Computation of time

In computing any period of time prescribed or allowed by this chapter, by order of the board, by the local rules of any district court, by the North Dakota Rules of Civil Procedure, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

History

General Authority: NDRCivP RULE 6

N.D. Admin. Code 51-01-02-05 Notice and hearing in rulemaking matters

Repealed effective June 1, 1990.

N.D. Admin. Code 51-01-02-06 Notice and hearing in adjudicatory matters

1.Refusal of a license application. If an application for a license is not granted within thirty days after it has been filed with the board, the board shall notify the applicant of the date on which a hearing will be held for the purpose of receiving evidence relative to the eligibility of the applicant for the license sought. The hearing shall be held on a date which is not less than twenty days after the date on which the notice is given, unless an earlier date is agreed upon by the board and the applicant. The board may deny the issuance of a license if it finds that the applicant has violated North Dakota Century Code chapter 4.1-26, or a regulation or stabilization plan promulgated by the board.

2.Violations of law, regulations, or stabilization plans. The executive secretary shall inform the board whenever the executive secretary has reason to believe that a licensee has violated North Dakota Century Code chapter 4.1-26, any regulation, a stabilization plan issued by the board, or any order of the board. Any interested person may also inform the board in writing, setting forth any act or thing done which is claimed to constitute such a violation.

3.Investigation or inquiry. The board shall conduct such investigation or inquiry as it deems appropriate regarding alleged violations of law, regulations, stabilization plans, or orders of the board. If upon such investigation or inquiry the board shall have reason to believe that there is a violation of law over which the board has jurisdiction, and if it appears to the board that a proceeding by it in respect thereof would be in the public interest, the board shall issue a complaint and a notice of hearing.

4.Complaint. Each formal complaint shall show the venue, "Before the North Dakota Milk Stabilization Board" and shall contain a heading showing the matter involved and the name of the respondent. The complaint shall fully advise the respondent of the facts constituting the ground of the complaint including reference to the statute or rule alleged to be violated, and the relief sought.

5.Notice of hearing. The board shall issue a notice of hearing fixing the time and place for trial upon the merits. The board shall serve a copy of the complaint and the notice of hearing upon the respondent personally or by certified mail at least forty-five days before the time specified for hearing. Service may be waived in writing by the respondent, or the parties may agree upon a definite time and place for hearing.

6.Answer. An answer to the complaint must be served upon the board and the complainant within twenty days after service of the complaint and notice for hearing, or the complaint will be deemed admitted, and the board will enter such order as the facts and law may warrant.

The answer shall contain a concise statement of the facts which constitute the grounds of defense. The respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state.

7.Respondent's waiver of hearing. If respondent desires to waive hearing on the allegations of fact set forth in the complaint and not to contest the facts, the answer may consist of a statement that respondent admits all material allegations of fact charged in the complaint to be true. Respondent by such answer shall be deemed to have waived a hearing on the allegations of fact set forth in the complaint and to have authorized the board, without further evidence, or other procedure, to find the facts to be true, and if in the judgment of the board the facts admitted constitute a violation of law as charged in the complaint, to make and serve findings as to the facts and issue an appropriate order to cease and desist from such violations. Upon application in writing made contemporaneously with the filing of such an answer, the respondent, in the discretion of the board, may be heard on brief, in oral argument, or both, solely on the question as to whether the facts so admitted constitute a violation of law as charged in the complaint.

8.Emergency. In an emergency, the board, at its discretion, may notice a proceeding for hearing upon the merits upon less than forty-five days' notice. Every party to an emergency proceeding shall be given a reasonable time within which to serve an answer and to prepare for the hearing, which may be extended by the agency upon good cause being shown.

History

General Authority: NDCC 4.1-26-32, 4.1-26-33

N.D. Admin. Code 51-01-02-07 Continuances

Every party to a proceeding, and the board, shall be given a reasonable time within which to prepare for a hearing. The board, upon good cause shown, may extend the time for hearing or grant such continuances as it deems appropriate to permit additional time for trial preparation or reasonable discovery procedures. Such extensions of time or continuances may be granted at, before, or after the time originally set for hearing.

History

General Authority: NDCC 4.1-26-35, 28-32-05

N.D. Admin. Code 51-01-02-08 Hearing officer

When evidence is to be taken in any proceeding, either the board, any member thereof, or a hearing officer, when duly designated for that purpose, may preside at the hearing.

A hearing officer duly designated by the board to preside at a hearing shall have the authority, within the board's powers and subject to its rules, to:

1.Regulate the course of hearing.

2.Administer oaths.

3.Issue subpoenas.

4.Take depositions or cause depositions to be taken.

5.Rule upon offers of proof and to receive evidence.

6.Hold appropriate conference before or during hearings.

7.Dispose of procedural matters, but not to dispose of a motion to dismiss a proceeding or any other motion which involves a final determination of a proceeding.

8.Take any other action necessary or appropriate to discharge the duties vested in the hearing officer, consistent with statutory or other authorities under which the board functions and with the rules, regulations, and policies of the board.

History

General Authority: NDCC 4.1-26-35, 28-32-11

N.D. Admin. Code 51-01-02-09 Subpoenas

Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the board upon its own motion, will issue only upon application in writing to the board, its executive secretary, or a hearing officer. The written application shall specify the general relevance and materiality of the testimony or documentary evidence sought, and specify the documents desired and the facts to be proved by them. The cost of serving subpoenas shall be paid by the party requesting it.

Witnesses subpoenaed for a hearing or deposition shall receive the same fees and mileage as a witness in a civil case in the district court, and fees shall be paid by the party or agency at whose instance the witness appears. No witness fee will be allowed except on a subpoena.

History

General Authority: NDCC 28-32-09

N.D. Admin. Code 51-01-02-10 Depositions and interrogatories

The deposition of a witness or party in any proceeding before the board may be taken in the same manner and on the same notice as in a civil action pending in the district court. Interrogatories may be sent to any witness or party in a proceeding in the same manner and on the same notice as in an action pending in the district court. A party, other than the board, must first show good cause before undertaking discovery proceedings, including interrogatories.

History

General Authority: NDCC 28-32-09

N.D. Admin. Code 51-01-02-11 Evidence

1.Admissibility of evidence. The admissibility of evidence at a public hearing shall be determined generally in accordance with the practice in the district courts in this state.

However, the board or a hearing officer may waive the usual common law or statutory rules of evidence where such waiver is necessary to ascertain the substantial rights of the public and interested parties. When objection is made to the admissibility of evidence, a hearing officer may receive such evidence subject to later ruling by the board.

2.Witnesses. Witnesses appearing before the board or wishing to be heard by giving testimony must be sworn before their testimony shall be considered. All witnesses shall be subject to cross-examination within the limits of the purpose of the hearing at which they are testifying by any other party or party's attorney or representative and by members of the board and its attorney or representative.

3.Stipulations. The parties to any proceeding or investigation before the board may by stipulation agree upon the facts, or any portion thereof, involved in the controversy, and such stipulation shall be regarded and used as evidence at the hearing.

4.Documentary evidence. Where relevant and material matter offered in evidence by any party is embraced in a book, paper, or a document containing other matter not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily encumber the record, the relevant and material matter may be read into the record, or a true copy thereof shall be received as an exhibit. All parties shall be afforded an opportunity to examine the entire book, paper, or document and to offer in evidence any additional portions thereof found to be material and relevant.

5.Official notice. The board may take notice of any fact or facts set forth in its duly established regulations, or any facts which are judicially noticed by the courts of this state.

History

General Authority: NDCC 28-32-06, 28-32-07

N.D. Admin. Code 51-01-02-12 Oral argument

A hearing officer may, either on the hearing officer's own motion or at the request of any party, allow and fix a time for the presentation of oral argument imposing such limits of time on the argument as the hearing officer deems appropriate. Such argument shall be transcribed and bound with the transcript of testimony unless waived by the hearing officer and all parties. Request for authority to present oral argument before a quorum of the board may be made at any time during the hearing, at the conclusion of the taking of evidence or on brief. The board will announce and fix the time for oral argument, if allowed.

N.D. Admin. Code 51-01-02-13 Record of proceedings

A record will be made of all proceedings before the board and shall be filed in the office of the executive secretary. A transcript of such evidence will be furnished to any party interested in the proceedings upon written request, and on payment of a reasonable fee as established by the board.

History

General Authority: NDCC 4.1-26-35, 28-32-12

N.D. Admin. Code 51-01-02-14 Briefs

The board reserves the right to call for briefs in its discretion and to designate the time within which briefs shall be filed. All briefs must be filed with the executive secretary of the board within the time limits fixed by the board and briefs tendered after expiration of the times fixed will be filed only by special permission of the board. Appearance of additional counsel in a case will not constitute grounds for extending time for filing briefs. An original and five copies of each brief shall be filed. Briefs shall contain a concise statement of the facts, issues, and arguments of law relied upon by the party submitting the briefs. Briefs shall contain an index with reference to pages where legal citations appear.

N.D. Admin. Code 51-01-02-15 Deliberations

In all matters where a public hearing has been held and persons interested have been afforded an opportunity to make an appearance and present evidence, the board may exclude such persons from participating during deliberations regarding the subject matter of such public hearing as such could constitute an opportunity to exert additional influence or an opportunity to present matters which would not be a part of the official record of such proceeding and deny an absent party due process of law.

N.D. Admin. Code 51-01-02-16 Prehearing conferences in adjudicatory matters

In order to provide an opportunity for a settlement of a proceeding in an adjudicatory matter, or any of the issues therein, there may be held at any time prior to or during hearings before the board or a hearing officer such informal conference of parties for the admission and consideration of facts, arguments, offers of settlement, or proposals of adjustments as time, the nature of the proceeding, and the public interest may permit. To expedite the orderly conduct and disposition of any hearing, and at such prehearing conferences as may be held, there may be considered, in addition to any offer of settlement or proposals of adjustment, the possibility of the following:

1.The simplification of issues.

2.The necessity or desirability of amendment to the pleadings.

3.The exchange and acceptance of service of exhibits proposed to be offered in evidence.

4.The obtaining of admissions or stipulations of facts not remaining in dispute, or the authenticity of documents which may properly shorten the hearing.

5.The limitation of the number of witnesses.

6.Such other matters as may properly be dealt with to aid in expediting the orderly conduct of the proceeding.

The board with or without motion may direct that a prehearing conference be held. Upon motion by a party, the hearing officer may direct the parties to such proceedings to appear for a prehearing conference. Due notice of the time and place of such conference will be given to all parties to the proceeding. Upon conclusion of a prehearing conference, the parties shall immediately reduce the results thereof to the form of a written stipulation which recites the matters agreed upon, and the original and five copies shall be filed with the board. Any such stipulation may be received in evidence at a hearing and, when so received, shall be binding on the parties with respect to the matters therein stipulated.

History

General Authority: NDCC 28-32-05

N.D. Admin. Code 51-01-02-17 Decision of board in adjudicatory matters

Within thirty days after the evidence has been received, briefs filed, and arguments closed in an adjudicatory proceeding before the board, or as soon thereafter as possible, the board shall make and state concisely and explicitly its findings of fact, and its separate conclusions of law, and the decision of the board based upon such findings and conclusions. The board shall give notice of its findings of fact, conclusions of law, and decision by delivering a copy thereof to all parties to the proceeding. Copies of such decisions shall be served either personally or by registered or certified mail.

History

General Authority: NDCC 28-32-13

N.D. Admin. Code 51-01-02-18 Petition for rehearing in adjudicatory matters

A petition for rehearing of an adjudicatory proceeding must be filed within fifteen days after a copy of the decision of the board has been served. Such petition shall state concisely the alleged errors in the board's decision and the specific grounds relied upon by the petitioner. If an order of the board is sought to be vacated, reversed, or modified by reason of matters that have arisen since the hearing and decision, or by reason of a consequence that would result from the compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition. A petition for rehearing shall be served by the petitioner upon all parties to the proceeding or their attorneys or record, and a certificate to that effect will be forwarded to the board at the time the petition is filed. The original and five copies must be filed with the board. Within ten days following the service of such petition, any party to the proceeding may file with the board the party's answer thereto, and in default thereof shall be deemed to have waived any objection to the granting of such petition. The board may deny such request for a rehearing or may grant the same on such terms as it may prescribe.

History

General Authority: NDCC 28-32-14

N.D. Admin. Code 51-01-02-19 Appeal in adjudicatory matters

Any party to any adjudicatory proceeding heard by the board may appeal from a decision within thirty days after notice has been given in the manner prescribed in North Dakota Century Code section 28-32-15.

History

General Authority: NDCC 28-32-15

N.D. Admin. Code 51-01-02-20 Interpretation

If any portion of this chapter is held invalid or unconstitutional, the holding shall not affect the validity of the chapter as a whole, or of any part thereof which can be given effect without the part held to be unconstitutional or invalid.

Article 51-02 Dairy Industry Regulations

Chapter 51-02-01 Milk Classification ‑ Reporting and Auditing Procedures

N.D. Admin. Code 51-02-01-01 Definitions

As used in this chapter, unless the context otherwise requires:

1."Base deliveries" means the actual amount of milk delivered by a group of base or quota holding dairy farmers which is equal to the bases specified or the actual deliveries, whichever is less.

2."Base or quota" means a specified amount of milk which a diary farmer agrees to supply periodically and which a distributor agrees to purchase, and may be expressed in terms of whole milk or the components of whole milk.

3."Dairy farmer-processor" means any dairy farmer who produces one's own supply of grade A milk and processes and packages the milk for retail trade.

4."Dock" means dock at the plant of a processor where milk products and frozen dairy products are actually processed and packaged.

5."Dumpage" or "skim dumped" means that amount of skim milk dumped or otherwise destroyed after separation and without further processing or usage.

6."Excess milk" means that amount of milk delivered to a plant by a dairy farmer in excess of the farmer's specified base or quota.

7."Hauler" means any person transporting milk produced by grade A dairy farmers from farm-to-plant or from plant-to-plant.

8."Import distributor" or "import jobber" means a distributor who purchases milk already processed and packaged for resale to wholesale and retail customers from a source or sources whose headquarters are geographically located outside the boundaries of North Dakota.

9."Jobber" means any independent businessman other than a store, wholesale grocery purchasing organization, or wholesale grocery broker, who has no financial connection with any processor other than acquiring the processor's packaged product and distributing and selling the packaged product, and whose business practices and policies are within the businessman's exclusive province to establish, and not subject to any influence or control from the processor.

10."Other source milk" means all milk defined in North Dakota Century Code chapter 4.1-26, and also all reconstituted or recombined milk, condensed milk, and milk and the components of milk other than grade A which is received in a plant from any source other than a licensed grade A dairy farmer.

11."Overage" means that amount by which milk otherwise accounted for exceeds plant receipts.

12."Plant" means the plant of a processor.

13."Plant receipts" means all milk received from licensed dairy farmers, other plants, and other sources, inventory, and all additives used in fluid products.

14."Shrinkage" means that amount by which receipts exceed milk otherwise accounted for by the plant.

15."Store" means any grocery, soda fountain, dairy store, confectionary, or similar mercantile establishment, whether rural or urban, which sells milk over the counter or on the premises to customers at retail, and, unless otherwise distinguished herein, includes chain stores, supermarkets, quick service markets, and wholesale food purchasing organizations.

16."Surplus" means that amount of milk produced for fluid use which exceeds the fluid needs of the market.

N.D. Admin. Code 51-02-01-02 Licenses not transferable

Any license issued by the North Dakota milk stabilization board is the property of the person in whose name the license is issued and is not transferable.

N.D. Admin. Code 51-02-01-03 Assessments on sale to a distributor by a processor

It shall be the duty of every processor selling to a distributor to notify the board of the identity and address of such distributor. As an aid to the efficient collection of assessments, each processor shall be responsible for the payment of assessments due on milk sold to distributors.

N.D. Admin. Code 51-02-01-04 Deductions by processors from dairy farmers

Deductions of any kind from payments due dairy farmers may be made only upon written authorization from dairy farmers, or, in the case of cooperatives, upon formal resolution of the directors at a regular business meeting. A copy of such authorization or resolution shall be retained by the processor as a part of the processor's permanent records for the processor's own protection and for inspection by board representatives.

N.D. Admin. Code 51-02-01-05 Invoices on wholesale sales

Processors, distributors, import distributors, and jobbers delivering to wholesale stops or customers must leave at such wholesale stop or customer an invoice of the sales of fluid milk for each day's delivery, itemized as to number of each separate form or use of milk product sold and the total price of each such form or use sold. In lieu of unit or total prices each retailer must have on file a current price list from the retailer's various suppliers upon which current billings are computed.

N.D. Admin. Code 51-02-01-06 Tests by department of agriculture

All tests approved by the dairy division of the North Dakota department of agriculture shall be considered by the board as official tests for the purpose of administration of North Dakota Century Code chapter 4.1-26.

N.D. Admin. Code 51-02-01-07 Retention of composite samples

When dairy farmer payments are based upon butterfat tests from composite samples, a portion of each composite sample must be retained until the succeeding composite sample is tested.

N.D. Admin. Code 51-02-01-08 Record of butterfat tests

Each processor must maintain a record of butterfat tests made of each dairy farmer's milk or cream, covering each pay period, such record to be kept on file for three years and be made available to any authorized agent of the board upon request.

N.D. Admin. Code 51-02-01-09 Monthly statement from processors to dairy farmers

Processors purchasing milk from dairy farmers shall render to each dairy farmer not later than the fifteenth day of each month, statements containing each of the following items:

1.Name and address of processor issuing the statement.

2.Date of statement.

3.Period for which statement is rendered.

4.Name of dairy farmer for whom the statement is intended.

5.Dairy farmer butterfat test for the first half of the month or other test period.

6.Dairy farmer butterfat test for the last half of the month or other test period.

7.The weighted-average butterfat test of the dairy farmer for the month for which the statement is rendered.

8.Percentage of milk or skim milk and fat utilized in each classification or, in the alternative, pounds of milk or skim milk and butterfat utilized in each classification. Plants fully regulated by federal order may report information required by such federal order.

9.Rate paid for milk at test for each classification as established by applicable official order or by the plant. Plants fully regulated by federal order may report federal order blend price.

10.Total pounds of milk purchased from dairy farmer.

11.Amounts paid as premiums, bonuses, etc.

12.Gross amounts paid after addition of premiums, etc.

13.Itemization of advance payments and authorized deductions.

14.Net amount paid.

N.D. Admin. Code 51-02-01-10 Monthly report by processors to the board

On or before the twentieth day of each month in the detail and on forms supplied by the board, each processor shall submit to the board a report of the following receipts, uses, sales, and transactions for the preceding month:

1.The quantities of milk, butterfat, and skim milk received from dairy farmers.

2.The quantities of milk, butterfat, and skim milk contained in the milk and products received from other processors.

3.The quantities of milk, butterfat, and skim milk contained in other source milk received (except nonfluid milk products of the types disposed of in the form in which received without further processing by the processor).

4.Bulk milk and packaged milk inventories on hand at the beginning of each month.

5.The utilization of all skim milk and butterfat required to be reported pursuant to this section, including the bulk milk and packaged milk inventories on hand at the end of the month.

6.A unit breakdown of Class I and Class II sales, both bulk and packaged sold to other processors, in North Dakota, and distributors located outside North Dakota.

7.Such other information with respect to such receipts and utilization as the board may prescribe.

N.D. Admin. Code 51-02-01-11 Monthly dairy farmer statement

On or before the twentieth day of each month each processor shall submit to the board a duplicate copy of the processor's individual statements to dairy farmers with all of the information required in

section 51-02-01-09.

N.D. Admin. Code 51-02-01-12 Monthly report of foreign milk coming under North Dakota Century Code

chapter 4.1-26.

1.Each processor whose place of business is outside North Dakota, but who comes under the jurisdiction of North Dakota Century Code chapter 4.1-26, and of this chapter by virtue of the processor's distributing milk within North Dakota, or by supplying a distributor home based in North Dakota either in bulk or packaged form, must file with the board, on forms supplied by the board, on or before the twentieth day of each month, a report of sales of milk subject to North Dakota Century Code chapter 4.1-26 during the preceding month.

2.Each import distributor or import jobber who purchases milk from sources outside North Dakota for resale in North Dakota must file with the board, (unless the importer's supplying distributor reports for the importer) on forms supplied by the board, on or before the twentieth day of each month, a report of sales of such milk during the preceding month.

N.D. Admin. Code 51-02-01-13 Monthly report of distributors, jobbers, and dairy farmer-processor

1.Each distributor or jobber who receives or purchases milk in packaged form, and who does not receive or purchase milk from dairy farmers, must file with the board, (unless the distributor's or jobber's supplying processor reports for the distributor or jobber) on forms supplied by the board, on or before the twentieth day of each month, a report of sales of such milk during the preceding month.

2.Each dairy farmer-processor shall file with the board, on forms supplied by the board, on or before the twentieth day of each month, a report of the dairy farmer-processor's Class I and II sales and disposition of production in excess of Class I and II sales during the preceding month

N.D. Admin. Code 51-02-01-14 Annual report of wholesale accounts

On July first of each year all processors, distributors, jobbers, and dairy farmer-processors selling milk products and frozen dairy products to wholesale accounts in North Dakota shall furnish the board a list of their wholesale accounts for the purpose of determining that retailers are properly licensed by the board.

N.D. Admin. Code 51-02-01-15 Payment of dairy farmers by processors

Dairy farmers shall be paid twice a month as follows: A payment or advance that approximately covers the value of the milk or cream purchased during the first two weeks of the processor's monthly pay period, less one half of the approximate monthly deductions herein sanctioned, must be paid not later than thirty days after the start of the processor's monthly pay period. Such payment need not be accompanied by an itemized statement. All milk and cream purchased during the balance of the processor's monthly pay period shall be paid for not later than fifteen days after the close of the processor's monthly pay period. Such payment shall include the balance of all amounts due from the first fifteen days of the monthly pay period and must be accompanied by an itemized statement to each dairy farmer setting forth the information required in section 51-02-01-09. All payment dates for processing plants located within a Federal Market Order shall conform to Federal Market Order regulations.

N.D. Admin. Code 51-02-01-16 Auditing procedure

1.The board shall cause periodic audits of the books and records of the processors to be made to verify the utilization of all milk reported pursuant to section 51-02-01-10, and thereby establish payment or nonpayment of minimum dairy farmer prices fixed by official orders of the board.

2.Overpayments made by processors to dairy farmers not offset against underpayments or otherwise collected by the processor within ninety days after final settlement of the board's audit or the period during which the overpayment was determined will not be credited to the processor in any subsequent audits.

3.Upon completion of each audit the processor will be furnished with an audit summary and commentary with respect to the audit results and with indicated dairy farmer adjustments, if any, for each month audited. All underpayments settlements shall be paid to dairy farmers on or before the next regular pay date and proof of such settlement payments shall be filed with the board by the processor forthwith.

4.At any time a processor is unwilling or unable to reconcile the audit results with official orders of the board, the processor may request a review of the audit by the executive secretary. The time limitation for final settlement payment to dairy farmers will be stayed until ten days after such review is completed and the processor has received notice of the executive secretary's decision.

5.Within ten days after the processor receives notice of the executive secretary's decision, the processor may file written application for appearance before the board at its next regular meeting to review the decision of the executive secretary. The time limitation on final settlement payment to dairy farmers will be further stayed until review by the board is completed.

N.D. Admin. Code 51-02-01-17 Base or quota plans

A processor and the processor's dairy farmers may establish a system of level or uniform milk production, or base, in accordance with the fluid milk requirements of the processor, which provides for and assures in its terms and conditions priority to fluid milk requirements and the equitable distribution of such fluid milk requirements among dairy farmers; provided the milk processor and at least seventy-five percent of the processor's dairy farmers first make a formal application to the board and receive a written authorization to do so.

N.D. Admin. Code 51-02-01-18 Pooling

Each dairy farmer whose milk is pooled with milk from other sources supplying a nonbase or nonquota processor shall be credited with a pro rata share of the milk allocated to that processor's Class I usage. Each dairy farmer whose milk is pooled with the milk from other sources supplying a processor pursuant to a base or quota marketing plan shall be credited with either the dairy farmer's base specified in the processor's base or quota program, or the dairy farmer's actual deliveries, whichever is less. Where the processor has a base or quota program, all Class I milk assigned the processor's pool will be deemed to have been supplied first either from base milk of licensed dairy farmers or from actual deliveries of the processor's licensed dairy farmers, whichever is less. Where the processor has a base or quota program and the total amount of Class I milk used exceeds the total amount of base milk received from licensed dairy farmers and credited to other sources, the additional milk will be treated as having been supplied from excess milk over base.

N.D. Admin. Code 51-02-01-19 Allocation of dairy farmer milk

For the purpose of dairy farmer pricing, no processor will be permitted to allocate milk purchased from sources other than the processor's regular dairy farmers, including milk purchased from the processor's own farm to a higher use classification than the use classification allocated to the processor's regular dairy farmers.

N.D. Admin. Code 51-02-01-20 Allocation of other source milk

For the purpose of dairy farmer pricing, no processor shall allocate other source milk to an ultimate use classification which is higher than the ultimate use classification allocated to grade A milk.

N.D. Admin. Code 51-02-01-21 Rejection of dairy farmer milk

Inferior quality or noncompliance with regulations of state health or sanitation agencies shall be reasons for the rejecting of dairy farmer milk. In all cases the milk shall be rejected at the farm and before commingling. The reasons for rejecting or down grading shall be given on the producer's monthly statement. This section does not apply to bulk tanker loads or packaged milk condemned by competent authority such as the state dairy commissioner, city, county, or state health units, the state laboratories department, livestock sanitary board, etc.

N.D. Admin. Code 51-02-01-22 Interpretation

If any portion of this chapter is held invalid or unconstitutional, such holding shall not affect the validity of the chapter as a whole, or of any part thereof which can be given effect without the part so held to be unconstitutional or invalid.

Chapter 51-02-02 Disruptive Trade Practices

N.D. Admin. Code 51-02-02-01 Discounts, rebates, or allowances

The giving of discounts, rebates, or allowances in connection with the sale of milk products unless such discounts, rebates, or allowances are authorized by the board in accordance with North Dakota Century Code section 4.1-26-13 is prohibited. Nothing contained in this chapter shall be construed to prohibit the issuing of trading stamps by retailers in numbers customary in normal trade, but no trading stamp bonuses shall be given for milk products.

History

History: Amended effective July 1, 2000.

N.D. Admin. Code 51-02-02-02 Free equipment or services

The furnishing by a dealer of free equipment or services to a retailer is prohibited. This section shall not be interpreted as authorizing the board to prohibit the stocking by a dealer of the dairy case or frozen dairy products cabinet of a retailer nor the stamping on each milk product or frozen dairy product by the dealer of the retail price at which the retailer desires to sell any such product.

N.D. Admin. Code 51-02-02-03 Advertising or display allowances

The giving of advertising or display allowances is prohibited.

N.D. Admin. Code 51-02-02-04 Free milk products or frozen dairy products

The giving of a free milk product, a free frozen dairy product, services, or articles of any kind, to a customer is prohibited, except as follows:

1.The distribution of promotional materials furnished by trade associations which promote the milk industry without brand discrimination.

2.Gifts of a milk product or a frozen dairy product to consumers solely for milk industry promotion without brand discrimination, processor involvement and where the retailer receives the full retail price.

3.The giving of samples of milk products or frozen dairy products at supermarkets, trade fairs, or like function if the sample is not more than one and one-half ounces [44.36 milliliters], liquid.

N.D. Admin. Code 51-02-02-05 Loans, financial assistance, and extension of credit

The making or renewal of loans, or the giving of financial assistance in any other form, between dealers or by a dealer to a retailer is prohibited. The extension of credit between dealers or by a dealer to a retailer for longer than a period of sixty days after delivery of the product is prohibited.

N.D. Admin. Code 51-02-02-06 Signs

The furnishing of signs by a dealer to a retailer is prohibited.

N.D. Admin. Code 51-02-02-07 Combination sales

Selling, offering to sell, or advertising any milk product or frozen dairy product in combination with any other product or service is prohibited.

N.D. Admin. Code 51-02-02-08 Special prices

Selling, offering to sell, or advertising any product or service at a price which is available only to purchasers of a milk product or a frozen dairy product is prohibited.

N.D. Admin. Code 51-02-02-09 Gifts

The giving of gifts by dealers to retailers is prohibited.

N.D. Admin. Code 51-02-02-10 Equipment

The leasing, renting, lending, servicing, or repairing of equipment by a dealer to a retailer is prohibited, except that the furnishing of portable merchandisers by a dealer will be permitted for demonstration of dairy products by a dealer. The sale of equipment by a dealer to a retailer shall not be at a price less than the seller's invoice cost plus ten percent or depreciated value in the case of used equipment. All such sales must be fully documented by cash receipts, security agreements, or ledger accounts, and all terms of such sales shall be in accord with normal business practices.

History

History: Amended effective November 1, 1986.

N.D. Admin. Code 51-02-02-11 Deposits on returnable containers

The requiring of deposits where milk products are purchased in returnable containers and the giving of allowances or credits in connection with the return of such containers is prohibited, except deposits may be required on milk cases provided said deposits do not exceed the reasonable replacement value thereof.

History

History: Amended effective December 1, 1983.

N.D. Admin. Code 51-02-02-12 Secret rebates - Central billing

Payments by dealers to a franchiser, wholesale grocer, or any other person closely connected with a retailer for central billing, customer solicitation, or other services where the purpose or effect of such payment is to induce the recipient of any such payment to influence or attempt to influence the decision of one or more retailers relative to the brands of milk products or frozen dairy products to be purchased and resold by such retailer or relative to the amount of space to be allocated to any brand of milk products or frozen dairy products is prohibited. If a central billing service is solicited and established by a wholesale grocery warehouse to guarantee collection of dealer accounts, all dealers supplying member or corporate stores must be accorded the same service without discrimination and the central billing service fee must not exceed two percent of invoice cost.

N.D. Admin. Code 51-02-02-13 Pirating salesmen

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code section 28-32-06 because the authority for the adoption of the rules was repealed by S.L. 2015, ch. 72, section 3.

N.D. Admin. Code 51-02-02-14 Shake mix and soft serve mix sales at retail

All transactions by retailers selling shake mix and soft serve mix in its various forms to consumers shall be exempt from sections 51-02-02-01, 51-02-02-04, 51-02-02-07, and 51-02-02-08.

N.D. Admin. Code 51-02-02-15 Interpretation

If any portion of this chapter is held invalid or unconstitutional, such holding shall not affect the validity of the chapter as a whole or of any part thereof which can be given effect without the part so held to be unconstitutional or invalid.

Chapter 51-02-03 Farm to Plant Hauling Rates

N.D. Admin. Code 51-02-03-01 Definitions

As used in this chapter, unless the context otherwise requires:

1."Contract services cost" means the cost paid to a contract hauler and approved by the board.

2."Dairy farmer route" means that group of dairy farmers whose milk is hauled by a hauler to a processing plant on a regular basis.

3."Depreciation on trucks" means original cost of the tank and truck less salvage value, divided by the economic life of the truck expressed in total miles [kilometers].

4."Employee benefits cost" means fringe benefits such as hospitalization insurance, life insurance, pension contributions, unemployment insurance, industrial accident insurance, sick pay, vacation pay, etc.

5."Gas, diesel fuel, oil, and lubricants cost" means those amounts actually recorded and used in bulk tank trucks on a specific producer route.

6."General and administrative cost" means:

a.Accounting, record keeping, and clerical costs.

b.Administrative and supervision costs.

c.Miscellaneous depreciation, repair, and rental costs (shop repair equipment, fuel tanks, pumps, etc.).

d.Other miscellaneous items (as cost justified).

7."Hauler" means:

a.A processor who provides trucking equipment necessary to haul dairy farmer's milk from farm to plant.

b.An independent businessman who owns one's own trucking equipment and who contracts directly with dairy farmers for hauling their milk from farm to plant as a contract hauler.

c.A group of dairy farmers who own their own trucking equipment and hire drivers to haul their own milk from farm to plant.

8."Hauling rate" means the rate charged dairy farmers for hauling milk from farm to plant.

9."Insurance, license, and tax cost" means the average cost of these items, recorded by a specific tank truck, over the most current twelve-month period.

10."Interest" means the cost of borrowed capital.

11."Labor cost" means salaries, wages, and payroll taxes for drivers and others employed by a hauler.

12."Reasonable return on necessary investment" means a return on invested capital as a rate that shall be determined as equitable by the board.

13."Rental or lease cost" means the leasing of vehicles and equipment (trucks, tanks, pumps, washing equipment, etc.) rather than owning them.

14."Repairs and maintenance cost" means the average cost of repairs and maintenance of bulk milk tank trucks and other necessary equipment of the most recent twelve-month period.

15."Tire cost" means the average cost of tires used on bulk milk tank trucks over the most current twelve-month period.

N.D. Admin. Code 51-02-03-02 Hauling cost records

All haulers shall maintain records of hauling costs by specific truck and specific dairy farmer route sufficient to provide costs on the following cost items:

1.Labor.

2.Employee benefits.

3.Rental or lease (if any).

4.Repairs and maintenance.

5.Gas, oil, and other lubricants.

6.Tires.

7.Insurance, licenses, and taxes.

8.Contract services.

9.General and administrative.

10.Depreciation on truck and tank.

11.Interest.

12.Reasonable return on necessary investment.

N.D. Admin. Code 51-02-03-03 Partial use of truck or tank

In the event that a truck or tank is used in hauling other products, items, or bulk milk from plant to plant in addition to farm to plant hauling, costs shall be prorated by percentages based upon mileage, hundredweights or product hauled, or both.

N.D. Admin. Code 51-02-03-04 Private agreements

Hauling rates to be charged to dairy farmers and which farmers shall be included in a specific dairy farmer route shall be a matter of private negotiation and agreement between the parties involved, except that in the event an agreement cannot be reached, any dairy farmer or hauler may petition the board to determine facts and mediate or decide any such controversy by use of the procedure provided in this chapter.

N.D. Admin. Code 51-02-03-05 Petition for factfinding

Any dairy farmer or hauler who deems oneself aggrieved by a hauling rate or which dairy farmers are to be included in a specific dairy farmer route may petition the executive secretary to conduct an investigation of the matter which shall include cost justification, route composition, and all other pertinent facts. A petition by a hauler for a hauling rate increase shall specify the dairy farmer route involved, the present hauling rate, the desired increase in the hauling rate, and the effective date of the new hauling rate. Upon completion of the investigation the executive secretary shall make and submit the executive secretary's findings and recommendations to the parties involved and encourage further negotiations toward a private agreement between the parties.

N.D. Admin. Code 51-02-03-06 Public hearing

In the event the parties involved are unable to agree within fifteen days after the executive secretary submits the executive secretary's findings, the milk stabilization board shall notice a public hearing for the parties involved to appear and present evidence and the board shall decide the matter and issue appropriate orders.

N.D. Admin. Code 51-02-03-07 Interpretation

Chapter 51-02-04 Termination of Dairy Farmer Purchasing Agreements

N.D. Admin. Code 51-02-04-01 No termination except for just cause

No processor shall terminate the processor's contract or selling agreement with any dairy farmer, whether express or implied, and no dairy farmer shall terminate the dairy farmer's contract or purchasing agreement with any processor, whether express or implied, except for just cause.

N.D. Admin. Code 51-02-04-02 Private agreement

Private negotiation and agreement between the parties involved regarding termination of dairy farmer contracts and purchasing agreements shall be encouraged wherever possible, and any mutual agreement arrived at by the parties shall be accepted by the milk stabilization board to determine facts, mediate, or decide whether or not a proposed termination is for just cause by use of the procedure provided in sections 51-02-04-03 and 51-02-04-04.

N.D. Admin. Code 51-02-04-03 Petition for factfinding

Any dairy farmer or processor who is aggrieved by a proposed termination of a dairy farmer contract or purchasing agreement, whether express or implied, may petition the executive secretary to conduct an investigation of the matter. Upon completion of the investigation, the executive secretary shall make and submit the executive secretary's findings and recommendations to the parties involved and encourage further negotiations toward a private agreement between the parties.

N.D. Admin. Code 51-02-04-04 Public hearing

In the event the parties involved are unable to agree within fifteen days after the executive secretary submits the executive secretary's findings, the milk stabilization board shall notice a public hearing for the parties involved to appear and present evidence. The board shall hear the evidence, decide whether or not the proposed termination is for just cause, and issue appropriate orders regarding the matter.

N.D. Admin. Code 51-02-04-05 Interpretation

Article 51-03 Market Areas and Stabilization Plans

Chapter 51-03-01 Market Area Boundaries

N.D. Admin. Code 51-03-01-01 Market areas

The state of North Dakota is divided into the following market areas for the purposes of North Dakota Century Code chapter 4.1-26.

1.Market area number 1. Market area number 1 includes the cities of Fargo, West Fargo, Casselton, Arthur, Hunter, Horace, Harwood, and all areas within a radius of six miles [9.66 kilometers] thereof.

2.Market area number 2. Market area number 2 includes the counties of Walsh, Grand Forks, Steele, Traill, Barnes, Cass, Ransom, Sargent, Richland, the cities of Minot, Burlington, Surrey, Bismarck, Mandan, and all areas within a radius of six miles [9.66 kilometers] thereof, except the cities of Grafton, Grand Forks, Valley City, Wahpeton, and all areas within a radius of six miles [9.66 kilometers] thereof, and that area included in market area number 1.

3.Market area number 3. Market area number 3 includes the counties of Renville, Bottineau, Rolette, Towner, Cavalier, Pembina, Mountrail, Ward, McHenry, Pierce, Benson, Ramsey, McKenzie, Dunn, Mercer, Oliver, McLean, Sheridan, Wells, Eddy, Foster, Nelson, Griggs, Golden Valley, Billings, Stark, Morton, Burleigh, Kidder, Stutsman, Slope, Hettinger, Grant, Sioux, Emmons, Logan, McIntosh, LaMoure, Dickey, and the city of Bowbells in Burke County, except the cities of Devils Lake, Jamestown, and all areas within a radius of six miles [9.66 kilometers] thereof and that area included in market area number 2.

4.Market area number 4. Market area number 4 includes the counties of Divide, Burke, Williams, Bowman, and Adams, except the city of Bowbells.

5.Market area number 5. Market area number 5 includes the cities of Grafton and Grand Forks and all areas within a radius of six miles [9.66 kilometers] thereof.

6.Market area number 6. Market area number 6 includes the cities of Devils Lake and Jamestown and all areas within a radius of six miles [9.66 kilometers] thereof.

7.Market area number 7. Market area number 7 includes the city of Valley City and all areas within a radius of six miles [9.66 kilometers] thereof.

8.Market area number 8. Market area number 8 includes the city of Wahpeton and all areas within a radius of six miles [9.66 kilometers] thereof.

History

History: Amended effective April 14, 1980; November 1, 1980.
General Authority: NDCC 4.1-26-06
Law Implemented: NDCC 4.1-26-09

Chapter 51-03-02 Stabilization Plans for Market Area 1

N.D. Admin. Code 51-03-02-01 Authority, savings, and scope

1.The provisions and prices contained in this stabilization plan are promulgated pursuant to

authority delegated to the North Dakota milk marketing board as set forth in North Dakota Century Code sections 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16.

2.If any provision of this stabilization plan is hereafter ruled to be illegal or invalid by any tribunal of superior jurisdiction, such ruling shall not affect the balance of this plan as a whole or any

part thereof which can be given effect without the provision so ruled to be invalid or illegal.

3.Any persons subject to this stabilization plan must be considered in violation hereof if he or it engages in such violation, directly or indirectly, or through an agent, employee, trust, subsidiary, or affiliated company or corporation.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-02 Terminology

Names of products and finished product test specifications set forth herein are classifications for price purposes under the Milk Stabilization Act only and are not intended to interfere with or supersede applicable labeling, packaging, weights and measures, and sanitation laws and regulations.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-03 Contract termination

Any existing institutional contracts must be renegotiated in compliance with the prices ordered herein within ninety days after the effective date of this stabilization plan or on the new bid date, whichever is sooner.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-04 Prices to public institutions

Bid prices for milk products and shake and soft serve sold to state institutions in market area 1 must not be below the minimum or above the maximum wholesale prices as stated herein by this stabilization plan.

September 1, 1996.

History

History: Amended effective April 14, 1980; November 1, 1980; November 1, 1983; August 1, 1995;
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-05 Classification of milk usage

1.Class I usage will include the following:

a.Raw milk, regular or creamlike milk, standard milk, whole pasteurized milk, special milk, homogenized milk, fortified milk, plain or creamed buttermilk, flavored milk, flavored skim milk, skim milk, low fat milk, concentrated milk, milkshake and ice cream mixes containing less than twenty percent total solids and plant shrinkage attributable to dairy farmer and other source milk in excess of two percent of current dairy farmer receipts, plant overages, and closing packaged inventories.

b.Any product which contains milk solids not fat, butterfat, or a milk derivative, and which is manufactured in the semblance of one of the products listed in subdivision a.

2.Class II usage will include the following: milk used in the manufacture of half and half, coffee cream, cottage cheese, creamed cottage cheese, whipped cream, sour cream, low fat cottage cheese, dry curd cottage cheese, yogurt, eggnog, and all frozen dairy products as defined in North Dakota Century Code section 4.1-26-01.

3.Class III usage will include the following: milk used in the manufacture of butter, cheese (other than cottage cheese or creamed cottage cheese), nonfat milk, skim condensed milk, whole dry milk, dried cream, evaporated milk, sweetened condensed milk, skim milk separated and dumped and plant shrinkage of two percent or less of current dairy farmer receipts and closing milk inventories.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-06 Prices to be paid dairy farmers and others - Midpoint, differential, and multiple component pricing

1.Class I (market area 1). Commencing July 1, 2000, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this plan f.o.b. the processor's plant for milk which is ultimately utilized in class I (milk products) shall be the hundredweight price as established by the formula below. However, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this plan f.o.b. the processor's plant for milk which is ultimately utilized in class I (milk products) shall not be less than $13.76 per hundredweight.

The following formula shall be used when the federal market order no. 30 class I dairy farmer hundredweight price increases or decreases to the next higher or lower federal market order no. 30 class I dairy farmer hundredweight trip point. Minimum North Dakota class I dairy farmer and wholesale and retail prices to be adjusted by using the current federal market order no. 30 class I dairy farmer price on the formula below. Move to the next higher increment and utilize the North Dakota minimum class I dairy farmer price as listed on the formula below. Adjustments, if required, will be monthly.

Market Area 1 Federal Market Order No. 30 Class I Dairy Farmer Price North Dakota Minimum Class I Dairy Farmer Price Minimum Wholesale Price Per On-Half Gallon 2 Percent Milk 18.5919.221.541 18.3819.011.531 18.1718.801.521 17.9618.591.511 17.7518.381.501 17.5418.171.491 17.3317.961.481 17.1217.751.471 16.9117.541.461 16.7017.331.451 16.4917.121.441 16.2816.911.431 16.0716.701.421 15.8616.491.411 15.6516.281.401 15.4416.071.391 15.2315.861.381 15.0215.651.371 14.8115.441.361 14.6015.231.351 14.3915.021.341 14.1814.811.331 13.9714.601.321 13.7614.391.311 13.5514.181.301 13.3413.971.291 13.1313.76 Base1.281 Based on $.21 per hundredweight increments and butterfat differential of $.053.

Differentials above or below the midpoint of 3.5 percent will be those used in federal market order no. 30.

Adjustments in wholesale and retail prices for other sized containers should also increase or decrease, or both, proportionally to the one-half gallon use.

2.Class II. Commencing July 1, 2000, the minimum price to be paid by milk processors to dairy farmers and others, coming within the scope of this stabilization plan f.o.b. the processor's plant after the effective date of this plan for milk which is ultimately utilized in class II, shall be the class II price per hundredweight for federal market order no. 30, adjusted to a 3.5 percent butterfat basis. Butterfat differentials above or below the midpoint of 3.5 percent will be those used in federal market order no. 30.

3.Class III. Commencing July 1, 2000, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this stabilization plan f.o.b. the processor's plant for milk, which is ultimately utilized in class III, except that used in the manufacture of butter, shall be priced under a "multiple component pricing" system to include protein, other solids, and somatic cell count. The respective prices for these components, in a given month, and computations thereon will be those used by federal market order no. 30. Two additional components, butterfat and producer price differential, will use as a basis the class III price per hundredweight for federal market order no. 30 less a four percent administrative and transportation allowance to the nearest full cent adjusted to a 3.5 percent butterfat basis.

Butterfat differentials above or below the midpoint of 3.5 percent will be those used in federal market order no. 30. Commencing July 1, 2000, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this stabilization plan, f.o.b. the processor's plant for milk and cream which is ultimately used in class III for the manufacture of butter, shall be the monthly national agricultural statistical service (NASS) survey butter price less a $.05 per pound administrative and transportation allowance rounded to the nearest cent.

If a processing plant pays to its dairy farmers and others a premium above the class III minimum raw milk price as established herein, such price including the premium, shall become the minimum class III raw milk price for audit purposes for said plant, and said plant shall not be entitled to dilute the class I and class II raw milk prices for payment of said premiums on said class III raw milk.

4.The foregoing class I, II, and III dairy farmer prices shall be automatically adjusted each month, without further amendment to this stabilization plan based upon the prices ordered for federal market order no. 30.

History

History: Amended effective July 1, 2000.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-07 Prices and hauling allowances for bulk milk in interarea and interstate commerce

No allowance for freight may be charged to dairy farmers on bulk milk shipped interarea or interstate between plants.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-08 Hauling rates from farm to plant

Any substantial or significant increase or raising of rates charged to dairy farmers for hauling their milk from farm to plant after the effective date of this stabilization plan and without good cause shown may be considered to be dilution of the prices paid said dairy farmers for their raw milk and subject to investigation by the board to determine if there is a violation of this stabilization plan.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-09 Products not specified

Any unassigned quantity of new products hereafter marketed but not specifically priced under this plan shall be assigned a price which will be the logical multiple or fraction of the nearest quantity of product to which a specific price has been fixed by this stabilization plan, until a specific price is ordered by this board as a result of the regular hearing procedure and based upon actual cost experience of the industry. This board must be given thirty days' written notice prior to the introduction of a new product in the market area.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-10 Minimum wholesale and retail prices for class I milk products - Market area 1

Publication of this section would be inexpedient because it changes frequently on an emergency

N.D. Admin. Code 51-03-02-11 Minimum wholesale and retail prices for class II milk products - Market area 1

Publication of this section would be inexpedient because it changes frequently on an emergency

N.D. Admin. Code 51-03-02-12 Minimum wholesale prices for shake and soft serve mix

Publication of this section would be inexpedient because it changes frequently on an emergency 51-03-02-12.1. Authorized discounts on milk products - Market area 1.

The following authorized maximum volume discounts are authorized on sales of milk products. Said discounts must be based upon the average total monthly purchases of milk products from all suppliers for the preceding year.

Discount Rate Monthly VolumeFull ServiceLimited Service 0 gal. to 799 gal.0%3% 800 gal. to 1600 gal.2%5% 1601 gal. to 2400 gal.3%6% 2401 gal. to 3200 gal.4%7% 3201 gal. to 8000 gal.5%9% 8001 gal. and over7%11% A limited service program should be authorized in market area 1 for grocery store retailers. This limited service program should consist of the following:

1.Maximum delivery of three times per week to store cooler.

2.All orders preordered prior to delivery.

3.No in-store service, i.e., cleaning cases, stamping products, etc.

4.Personnel for store resets will be limited to dairy case setting only.

5.No returns on merchandise, except when product is found to be damaged or defective at time of delivery check-in.

6.No callback on delivery days.

7.No volume discounts from processors or distributors will be allowed on charged sales not paid by a retailer within four weeks (twenty-eight days) of the statement date. All statements must be on a weekly basis, the weekly cutoff date must remain the same.

A full service program should be authorized in market area 1 for retailers whose total monthly purchases of milk products from all suppliers for the preceding year exceed eight hundred gallons [3028.33 liters] per month. This full service program should consist of the following:

1.Supplier will be responsible for maintaining adequate supply of product.

2.Product will be stocked and displayed on delivery days.

3.Product will be sold on a guaranteed sales basis.

4.Personnel for store resets will be limited to dairy case resets only.

5.No volume discounts from processors or distributors will be allowed on charged sales not paid by a retailer within four weeks (twenty-eight days) of the statement date. All statements must be on a weekly basis, the weekly cutoff date must remain the same.

Market area 1 will have a minimum dock pickup price list as determined by subsection 11 of twelve percent or twenty-three percent off the respective market areas minimum established wholesale price list (except cultured products) less an additional two percent prompt payment. Prices will change as per

section 51-03-02-06. The following stipulations apply to receive this dock price:

1."Dock" means dock at the plant of a processor where milk products are actually processed and packaged.

2.Hauling of milk products must be done with refrigerated truck equipment that is contracted with a third party or is owned and operated or a lease purchase option that is operated by the same corporation or owner that owns the retail outlet. Refrigerated truck equipment, whether owned or contracted, must comply with regulations defined by federal and North Dakota state agencies.

3.This program will be available to any single retail place of business and no combination orders by multiple retail places of business shall be permitted.

4.On all charge sales by retailer not paid for within fourteen days from statement date, processor will charge retailer the difference between dock pickup price and wholesale price.

5.All orders must be preordered by retailers prior to dock pickup.

6.No in-store service, i.e., cleaning cases, stamping products, etc., shall be provided by processors.

7.Processor personnel for store resets will be limited to dairy case setting only.

8.No returns on merchandise shall be made by processors, except when product isfound to be damaged or defective at time of dock pickup.

9.Delivery of product by processor due to incorrect ordering by customer or special orders shall be charged at wholesale price less appropriate volume discount.

10.All contracts between processors and retailers under this program shall:

a.Require delivery at destination being the retailer's place of business;

b.Provide that title to said milk products shall pass from the seller (processor) to the buyer (retailer) upon delivery at the buyer's place of business; and

c.Provide that the place where the sale of said milk products occurs shall be at the retailer's place of business.

11.Each retail place of business must make a minimum order of twenty-seven to forty-four full cases to each processor to qualify for the twelve percent discount dock pickup program or a minimum of forty-five full cases to each processor to qualify for the twenty-three percent discount dock pickup program. Deliveries of less than twenty-seven full cases to a retailer's place of business may only be made by a licensed distributor.

12.Retailer must pay contract or third-party hauler direct.

13.Direct billing of product will be completed by the processor and all qualified discounts will be paid by the processors.

History

History: Effective June 1, 1990; amended effective February 1, 1992; August 1, 1993.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16 51-03-02-12.2. Minimum dock pickup provisions - Market area 1.
History: Effective September 1, 1996; amended August 31, 1998; July 1, 2000.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-13 Price filings on frozen dairy products

Repealed effective July 1, 2000.

N.D. Admin. Code 51-03-02-14 Authorized discounts for prompt payment

Processors and distributors may grant a two percent discount to retailers who make timely payment for milk products, shake, soft serve mix, and frozen dairy products within fourteen days of the statement date. All statements shall be on a weekly basis, and the weekly cutoff date shall remain the same. Said discount may not be allowed if a retailer is participating in a central billing service plan as permitted by

section 51-02-02-12.

History

History: Amended effective August 1, 1993.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-15 Formula to determine changes in the class I wholesale and retail prices

Based upon the class I formula as ordered in section 51-03-02-06, for each hundredweight price change to dairy farmers for raw milk or an increase or decrease of $.001 in the federal market order number 30 butterfat differential based on $.053, the following factors will be used in determining adjustments in the class I wholesale and retail prices. If the first of the month falls on a Monday, Tuesday, or Wednesday, minimum wholesale and retail prices go in effect that Monday. If the first of the month falls on a Thursday, Friday, Saturday, or Sunday, minimum wholesale and retail prices go in effect the following Monday.

Whole milk ½ gallon$.0098900$(.0001075) 2% milk.0099130(.0006465) 1% milk.0099130(.0010775)

Skim Milk.0099245(.0012945)

Buttermilk.0099245(.0012945)

Whole chocolate.0094645(.0001029) 2% chocolate.0094875(.0006188) 1% chocolate.0094875(.0010313)

Skim chocolate.0094990(.0012390)

All price adjustments at the retail level should be made to the nearest one cent per unit: wholesale to the nearest $.001 per unit. Wholesale and retail price increases or decreases shall be adjusted for volume discounts. The foregoing class I formula price changes shall be automatically adjusted without further amendment to this stabilization plan.

History

History: Amended effective August 1, 1983; June 26, 1989; June 1,1990; February 1, 1992; August 1, 1993; August 1, 1994; August 1, 1995; September 1, 1996; July 1, 2000.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-16 Formula to determine changes in the class II wholesale and retail prices

For each federal market order no. 30 class II price increase or decrease of fifteen cents per hundredweight above, or price increase or decrease of twenty-three cents per hundredweight below the twelve dollars and seventeen cents base class II hundredweight price, or an increase or decrease of $.001 in the federal market order no. 30 butterfat differential based on $.162, the following factors will be used in determining adjustments in the class II wholesale and retail prices:

Half half - pint$.0016$.0008 Whipping cream - ½ pint.0016.0015 Sour cream - 8 ounce.0008.0008 Cottage cheese - 1 pound.0140(.0012)

Yogurt - 8 once.0008.0008 All price adjustments at the wholesale and retail levels should be made to the nearest one cent per unit. 1 gallon shake mix$.0110$.0004 1 gallon soft serve mix.0110.0021 All price adjustments at the wholesale level should be made at four cents per gallon increments.

History

History: Amended effective June 1, 1979; November 1, 1983; April 1, 1984; July 1, 2000.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-17 Emergency

This stabilization plan is declared to be an emergency pursuant to North Dakota Century Code

section 28-32-02. The reason for said emergency is to permit the orderly marketing of milk and milk products.

History

History: Effective August 1, 1995; amended effective September 1, 1996.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-02-18 Effective date

These rules are effective at 12:01 a.m., July 1, 2000, and all prior stabilization plans for market area number 1 are hereby repealed.

History

History: Effective August 1, 1995; amended effective September 1, 1996; August 31, 1998; July 1, 2000.
General Authority: NDCC 4.1-26-01, 4.1-26-09, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16, 4.1-26-35, 28-32-03.1(3)
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

Chapter 51-03-03 Stabilization Plans for Market Areas 2, 5, 7, and 8

N.D. Admin. Code 51-03-03-01 Authority, savings, and scope

1.The provisions and prices contained in this stabilization plan are promulgated pursuant to

authority delegated to the North Dakota milk marketing board as set forth in North Dakota Century Code sections 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16.

part thereof which can be given effect without the provision so ruled to be invalid or illegal.

3.Any person subject to this stabilization plan shall be considered in violation hereof if he or it engages in such violation, directly or indirectly, or through an agent, employee, trust, subsidiary, or affiliated company or corporation.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-02 Terminology

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-03 Contract termination

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-04 Prices to public institutions

Bid prices for milk products and shake and soft serve sold to state institutions in market areas 2, 5, 7, and 8 must not be below the minimum wholesale prices as stated herein by this stabilization plan.

September 1, 1996.

History

History: Amended effective April 14, 1980; November 1, 1980; November 1, 1983; August 1, 1995;
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-05 Classification of milk usage

1.Class I usage will include the following:

b.Any product which contains milk solids not fat, butterfat, or a milk derivative, and which is manufactured in the semblance of one of the products listed in subdivision a.

3.Class III usage will include the following: milk used in the manufacture of butter, cheese (other than cottage cheese or creamed cottage cheese), nonfat dry milk, skim condensed milk, whole dry milk, dried cream, evaporated milk, sweetened condensed milk, skim milk separated and dumped and plant shrinkage of two percent or less of current dairy farmer receipts and closing bulk inventories.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-06 Prices to be paid dairy farmers and others - Midpoint, differential, and multiple component pricing

1.Class I (market areas 2, 5, 7, and 8). Commencing July 1, 2000, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this plan f.o.b. the processor's plant for milk which is ultimately utilized in class I (milk products) shall be the hundredweight price as established by the formula below. However, the minimum price to be paid by milk processors to dairy farmers and others coming within the scope of this plan f.o.b. the processor's plant for milk which is ultimately utilized in class I (milk products) shall not be less than $13.76 per hundredweight.

Market Areas 2, 5, 7, and 8 Federal Market Order No. 30 Class I Dairy Farmer Price North Dakota Minimum Class I Dairy Farmer Price Minimum Wholesale Price Per On-Half Gallon 2 Percent Milk 18.5919.221.541 18.3819.011.531 18.1718.801.521 17.9618.591.511 17.7518.381.501 17.5418.171.491 17.3317.961.481 17.1217.751.471 16.9117.541.461 16.7017.331.451 16.4917.121.441 16.2816.911.431 16.0716.701.421 15.8616.491.411 15.6516.281.401 15.4416.071.391 15.2315.861.381 15.0215.651.371 14.8115.441.361 14.6015.231.351 14.3915.021.341 14.1814.811.331 13.9714.601.321 13.7614.391.311 13.5514.181.301 13.3413.971.291 13.1313.76 Base1.281 Based on $.21 per hundredweight increments and butterfat differential of $.053.

Differentials above or below the midpoint of 3.5 percent will be those used in federal market order no. 30.

Adjustments in wholesale and retail prices for other sized containers should also increase or decrease, or both, proportionally to the one-half gallon use.

History

History: Amended effective July 1, 2000.
General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-07 Prices and hauling allowances for bulk milk in interarea and interstate commerce

No allowance for freight may be charged to dairy farmers on bulk milk shipped interarea or interstate between plants.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-08 Hauling rates from farm to plant

Any substantial or significant increase or raising of the rates charged to dairy farmers for hauling their milk from farm to plant after the effective date of this stabilization plan and without good cause shown may be considered to be dilution of the prices paid said dairy farmers for their raw milk and subject to investigation by the board to determine if there is a violation of this stabilization plan.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-09 Products not specified

Any unassigned quantity of new products hereafter marketed but not specifically priced under this plan shall be assigned a price which will be the logical multiple or fraction of the nearest quantity or product to which a specific price has been fixed by this stabilization plan until a specific price is ordered by this board as a result of the regular hearing procedure and based upon actual cost experience of the industry. This board must be given thirty days' written notice prior to the introduction of a new product in the market area.

History

General Authority: NDCC 4.1-26-01, 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15,
Law Implemented: NDCC 4.1-26-10, 4.1-26-11, 4.1-26-12, 4.1-26-13, 4.1-26-14, 4.1-26-15, 4.1-26-16

N.D. Admin. Code 51-03-03-10 Minimum wholesale and retail prices for class I milk products - Market areas 2, 5, 7, and 8

Publication of this section would be inexpedient because it changes frequently on an emergency

N.D. Admin. Code 51-03-03-11 Minimum wholesale and retail prices for class II milk products - Market areas 2, 5, 7, and 8

Publication of this section would be inexpedient because it changes frequently on an emergency

N.D. Admin. Code 51-03-03-12 Minimum wholesale prices for shake and soft serve mix

Publication of this section would be inexpedient because it changes frequently on an emergency 51-03-03-12.1. Minimum dock price for market area 8.

Repealed effective July 1, 2000.

N.D. Admin. Code 51-03-03-13 Authorized discounts on milk products - Market areas 2, 5, 7 and 8

This limited service program should consist of the following:

1.Maximum delivery of three times per week to store cooler.

2.All orders preordered prior to delivery.

3.No in-store service, i.e., cleaning cases, stamping products, etc.

4.Personnel for store resets will be limited to dairy case setting only.

5.No returns on merchandise, except when product is found to be damaged or defective at time of delivery check-in.

6.No callback on delivery days.

A full service program should be authorized in market areas 2, 5, 7, and 8 for retailers whose total monthly purchases of milk products from all suppliers for the preceding year exceed eight hundred gallons [3028.33 liters] per month. This full service program should consist of the following:

1.Supplier will be responsible for maintaining adequate supply of product.

2.Product will be stocked and displayed on delivery days.

3.Product will be sold on a guaranteed sales basis.

4.Personnel for store resets will be limited to dairy case resets only.

February 1, 1992; August 1, 1993.

Market areas 2, 5, 7, and 8 will have a minimum dock pickup price list as determined by subsection 11 of twelve percent or twenty-three percent off the respective market areas minimum established wholesale price list (except cultured products) less an additional two percent prompt payment. Prices will change as per section 51-03-03-06. The following stipulations apply to receive this dock price: