4.1-05 Dairy Promotion Commission
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<![CDATA[CHAPTER 4.1-05DAIRY PROMOTION COMMISSION4.1-05-01. Definitions. As used in this chapter:1."Commission" means the North Dakota dairy promotion commission.2."Dairy product" means a product for human consumption which is derived from the<br>processing of milk from cows. The term includes a milk product normally consumed<br>in liquid form as a beverage.3."Dealer" means any person that handles, ships, buys, or sells dairy products, or who<br>acts as a sales or purchasing agent, broker, or factor of dairy products.4."Gross receipts" means the amount paid to a producer for milk or for a product<br>derived from milk and sold by such producer.5."Processor" means a person that takes delivery of milk or cream and then:a.Cans, dries, prepares, or packages the milk or cream; orb.Produces another product from the milk or cream.6."Producer" means a person engaged in the production of milk from cows for<br>commercial use.4.1-05-02. North Dakota dairy promotion commission - Membership - Terms.1.The North Dakota dairy promotion commission consists of the following voting<br>members:a.Two producers appointed by the governor from a list of nominees submitted by<br>the milk producers association of North Dakota;b.The chairman of the North Dakota division of the midwest dairy association;<br>andc.Two individuals who are members of and elected by the North Dakota division<br>of the midwest dairy association.2.a.The term of each producer appointed by the governor is two years and must be<br>staggered so that the term of only one producer expires each year.b.The term of each individual who is a member of and elected by the North<br>Dakota division of the midwest dairy association is two years and must be<br>staggered so that the term of only one individual expires each year.3.Each term of office begins July first.4.Whenever an association is required by subsection 1 to submit nominees to the<br>governor, that association shall submit at least two nominees for each position to be<br>filled.4.1-05-03. Nonvoting members - Appointment. The commission may appoint up tofour nonvoting members. The commission shall adopt policies governing the appointments and<br>qualifications of nonvoting members.4.1-05-04. Election of chairman and officers - Meetings.Page No. 11.Annually, the commission shall elect one member to serve as the chairman.2.The chairman shall call all meetings of the commission and shall call a special<br>meeting of the commission within seven days when petitioned to do so by three<br>commission members.3.Annually, the commission shall elect other officers, including a vice chairman and a<br>secretary-treasurer.4.1-05-05. Commission members - Compensation. Each member of the commissionis entitled to receive compensation, in the amount established by the commission, but not<br>exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided<br>by law for state officers if the member is attending meetings or performing duties directed by the<br>commission. The compensation provided for in this section may not be paid to any member of<br>the commission who receives a salary or other compensation as an employee or official of this<br>state if the individual is serving on the commission by virtue of the individual's state office or state<br>employment.4.1-05-06. Commission - Powers. The commission may:1.Expend moneys collected pursuant to this chapter for its administration;2.Employ, bond, and compensate necessary personnel;3.Accept gifts, grants, and donations of money, property, and services, to carry out<br>this chapter;4.Contract with any person for any purpose permitted under this chapter;5.Sue and be sued; and6.Do all things necessary and proper to enforce and administer this chapter.4.1-05-07. Commission - Duties. The commission shall determine the uses to whichany moneys raised under this chapter may be expended. The uses may include the funding of<br>research, education programs, and market development efforts, to promote the increased sale<br>and consumption of dairy products, as well as participation in programs under the auspices of<br>state, regional, national, and international dairy promotion groups.4.1-05-08. Assessment - Collection.1.Each producer must pay an assessment of ten cents per hundredweight [45.36<br>kilograms] on all milk sold by the producer and on any milk used by the producer to<br>manufacture other products.2.All assessments imposed by this section:a.Must be collected by the first dealer or processor by deducting the amount of<br>the assessment from the producer's gross receipts; orb.Are payable by the producer upon sale of the milk products by the producer<br>directly to the consumer.4.1-05-09. Submission of assessments - Civil penalty.1.Any person in possession of assessments required by this section shall forward the<br>assessments to the commission on or before the final day of the month following the<br>month in which the milk or milk products were marketed.Page No. 22.If a person fails to submit the assessments imposed by this chapter to the<br>commission as required by this section, the commission may assess a one-time<br>penalty equal to one and one-half percent of the amount of the assessment.4.1-05-10. Record retention. Any person responsible for the collection and submissionof assessments under this chapter shall keep a record of all gross receipts subject to the<br>assessment. These records must be retained for a period of three years from the date of the<br>transaction and are subject to inspection by the commission.4.1-05-11. Reports.1.Any person required by section 4.1-05-10 to keep a record shall:a.Submit to the commission a form indicating:(1)The amount of milk that was subject to the assessment during the<br>preceding month; and(2)Any other information that the commission requests; andb.Retain a copy of the form for a period of three years from the date of the<br>submission.2.Any dealer or processor required to submit a form under this section shall make the<br>form available upon request to any producer who sold milk to the dealer or<br>processor.4.1-05-12. Refund of assessment - Required certification by attorney general.1.When the attorney general certifies to the commission that refunds of assessments<br>paid in accordance with this chapter are no longer precluded by the Dairy Research<br>and Promotion Act [7 U.S.C. 4501 et seq.] or by any other applicable law, the<br>commission may provide refunds to producers.2.a.To receive a refund of any assessment paid in accordance with this chapter, a<br>producer shall submit to the commission a written request for refund application<br>within sixty days after the date of the assessment or final settlement.b.The producer shall complete the refund application and return the application to<br>the commission, together with a record of the assessment paid, within ninety<br>days after the date of the assessment or final settlement. The commission<br>shall then refund the net amount of the assessment that had been collected.c.If a request for a refund is not submitted to the commission within the<br>prescribed time period, the producer is presumed to have agreed to the<br>assessment.4.1-05-13. Expenditure of funds. The commission shall approve all expenditures madepursuant to this chapter and shall submit an itemized voucher to the office of management and<br>budget for payment.4.1-05-14.Continuing appropriation.The commission shall forward all moneysreceived under this chapter to the state treasurer for deposit in the North Dakota dairy promotion<br>commission fund.All moneys in the North Dakota dairy promotion commission fund areappropriated on a continuing basis to the commission to be used exclusively to carry out this<br>chapter.4.1-05-15.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 3Document Outlinechapter 4.1-05 dairy promotion commission]]>