The milk marketing board may deny an application for a processor’s license or a distributor’s license if the board determines that:

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Terms Used In North Dakota Code 4.1-26-23

  • 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.    Persons currently licensed by the board in that capacity are supplying an adequate variety and quantity of high-quality milk products and frozen dairy products to retailers and consumers in this state; 2.    Deliveries are being made with sufficient regularity and frequency; and

3.    The issuance of additional licenses of the type sought will:

a.    Result in an excess of processing plant capacity; b.    Tend to increase to unsatisfactory levels the average unit processing or average unit distribution costs for persons already licensed by the board; or

c.    Otherwise tend to prevent achievement of the objectives of this chapter.