North Dakota Code 4.1-59-01 – Definitions
In this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 4.1-59-01
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. “Credit-sale contract” means a written contract for the sale of grain pursuant to which the sale price is to be paid or may be paid more than thirty days after the delivery or release of the grain for sale and which contains the notice provided in section 4.1-59-13. If a part of the sale price of a contract for the sale of grain is to be paid or may be paid more than thirty days after the delivery or release of the grain for sale, only that part of the contract is a credit-sale contract.
2. “Deferred-payment contract” means a credit-sale contract for which the amount owed for the sale of grain has been established, but the payment is postponed until a later date.
3. “Facility” means a structure in which grain purchased by a grain buyer is received or held.
4. “Grain” means wheat, durum, oats, rye, barley, buckwheat, flaxseed, speltz, safflower, sunflower seeds, tame mustard, peas, beans, soybeans, corn, clover, millet, alfalfa, and any other commercially grown grain or grass seed. “Grain” does not include grain or grass seeds owned by or in the possession of the grain buyer which have been cleaned, processed, and specifically identified for an intended use of planting for reproduction and for which a warehouse receipt has not been issued.
5. “Grain broker” means a person that:
a. Is involved in the negotiation of grain transactions in the state; b. Receives compensation from at least one party to the transaction; and
c. Does not take title to the grain and is not under any financial or contractual obligation related to the transaction.
6. “Grain buyer” means a person, other than a public warehouseman as defined in chapter 4.1-58, which purchases or otherwise merchandises grain for compensation. The term includes a roving grain buyer, grain broker, and grain processor. The term does not include:
a. A producer of grain that purchases grain from other grain producers to complete a carload or truckload in which the greater portion of the load is grain grown by the purchasing producer or used by the purchasing producer for on-farm feedlot operations in which at least fifty percent of the livestock is owned by the owner of the farm.
b. A person permitted to sell seed under chapter 4.1-53, if that person buys grain only for processing and subsequent resale as seed.
c. A person that is an authorized dealer or agent of a seed company holding a permit in accordance with section 4.1-53-38.
7. “Grain processor” means an entity that purchases grain to process into end products of a substantially different makeup or nature than the original grain.
8. “Noncredit-sale contract” means a contract for the sale of grain other than a credit-sale contract.
9. “Receipts” means scale tickets, checks, or other memoranda given by a grain buyer for, or as evidence of, the receipt or sale of grain except when the memoranda was received as a result of a credit-sale contract.
10. “Roving grain buyer” means a grain buyer that does not operate a facility where grain is received.