As used in this chapter:

Terms Used In North Dakota Code 4.1-02-01

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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

1.    “Barley” means all varieties of barley harvested in the state.

2.    “Council” means the North Dakota barley council.

3.    “First purchaser” means any person accepting for shipment or otherwise acquiring barley from a producer. The term includes a mortgagee, pledgee, lienor, or other person having a claim against the producer, if the actual or constructive possession of the barley is taken as partial payment or in satisfaction of the mortgage, pledge, lien, or claim.

4.    “Participating producer” means a producer that has not applied for a refund under section 4.1-02-16 during the preceding twelve months.

5.    “Producer” means any person that:

a.    Plants or causes to be planted a barley crop in which the person has an ownership interest, with the intent that upon maturity the crop will be harvested; b.    Will have met the requirements of subdivision a during the next available growing season; or

c.    Has met the requirements of subdivision a during the immediately preceding growing season.