1.    The license required by this section must be obtained for each place of business in this state owned or operated by:

Terms Used In North Dakota Code 4.1-25-02

  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • Department: means the North Dakota department of agriculture. See North Dakota Code 4.1-01-01
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • 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
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

a.    A producer-processor, peddler, or distributor; b.    A person purchasing milk or milk products for processing or manufacturing; c.    A person owning, operating, or leasing a creamery, cheese factory, condensery, drying plant, ice cream plant, ice milk plant, or milk plant; d.    A person owning, operating, or leasing any other business engaged in the processing or manufacturing of milk or milk products; and

e.    An organization acquiring milk or milk products on its own behalf or as an agent of others.

2.    Application for a license must be made to the commissioner upon forms prescribed by the commissioner. An application for a license constitutes the implied consent of the applicant for department inspections. If the commissioner finds the applicant conforms to the North Dakota laws and the rules of the commissioner, the commissioner shall issue a license to conduct the operations listed on the license.

3.    If a licensee wishes to conduct operations other than those listed on an existing license, the licensee may make an application to the commissioner for a license to conduct additional operations. If the commissioner finds the additional operations are in conformance with North Dakota laws and the rules of the commissioner, the commissioner shall approve them.

4.    The license must be posted conspicuously in each licensed business.

5.    All licenses issued under this section expire on the thirtieth day of June of each year and are not transferable.

6.    The license fee is twenty-five dollars.

7.    Every organization acquiring milk or milk products as an agent of others is deemed to be a purchaser of milk from a dairy producer.