North Dakota Code 10-06.1-01 – Definitions
For the purposes of this chapter, unless the language or context clearly indicates that a different meaning is intended:
Terms Used In North Dakota Code 10-06.1-01
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- 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
1. “Agricultural support services” means the business of providing aerial or surface application services for others of seed, fertilizer, pesticides, or soil amendments, or the business of custom harvesting.
2. “Aquaculture” means the breeding, growing, or harvesting of fish or the growing of aquatic plants or crops.
3. “Authorized livestock farm corporation” means a corporation, joint-stock company or association formed for livestock backgrounding, livestock finishing, or the production of poultry or poultry products, milk or dairy products, or swine or swine products which is allowed to engage in the business of farming or ranching under section 10-06.1-12.2, which, at all times, complies with the requirements of this chapter.
4. “Authorized livestock farm limited liability company” means a limited liability company formed for livestock backgrounding, livestock finishing, or the production of poultry or poultry products, milk or dairy products, or swine or swine products which is allowed to engage in the business of farming or ranching under section 10-06.1-12.2, which, at all times, complies with the requirements of this chapter.
5. “Beekeeping” means the breeding or rearing of bee colonies or the owning, maintenance, or management of bee apiaries.
6. “Custom harvesting” means the business of providing crop harvesting services for others.
7. a. “Farming or ranching” means raising or producing agricultural crops, fruit, horticultural products, or livestock or livestock products, or livestock backgrounding, or livestock finishing.
b. The term does not include:
(1) Agricultural support services; (2) Aquaculture or greenhouse agriculture by a person that has farmland or ranchland holdings not exceeding forty acres [16.19 hectares]; (3) Beekeeping; (4) The production of timber or forest products; (5) The growing or processing of marijuana under chapter 19-24.1; or
(6) A contract under which a processor or distributor of farm products or supplies provides grain, harvesting, or other farm services.
8. “Farming or ranching corporation” means a farm or ranch corporation, joint-stock company, or association which is allowed to engage in the business of farming or ranching under section 10-06.1-12, which, at all times, complies with the requirements of this chapter.
9. “Farming or ranching limited liability company” means a farm or ranch limited liability company which is allowed to engage in the business of farming or ranching under section 10-06.1-12, which, at all times, complies with the requirements of this chapter.
10. “Farmland or ranchland” means agricultural land in this state used for farming or ranching.
11. “Greenhouse agriculture” means the growing of plants or crops primarily under a controlled environment in a sheltered structure with walls and a roof, both made primarily of transparent or translucent material.
12. “Livestock” includes beef cattle, dairy cattle, elk, bison, poultry, swine, sheep, goats, llamas, and alpacas.
13. “Livestock backgrounding” means the feeding or growing of livestock from weaning until the livestock enter a livestock finishing feedlot or facility.
14. “Livestock finishing” means the feeding or growing of livestock for the purpose of expeditiously preparing the livestock for harvest.
15. “Nonprofit organization” means an organization or trust that has tax-exempt status under at least one of the following sections of the Internal Revenue Code:
a. An organization that was in existence on December 31, 1984, and that is organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals under section 501(c)(3), or is a domestic fraternal organization under section 501(c)(10).
b. A charitable, religious, educational, or scientific organization classified as either a private foundation or as a public charity having status as an organization described in section 509(a)(1) or (3).
c. A trust described in section 4947 for which a deduction is allowable under section 170.
16. “Operating the farm or ranch” means engaging in personal labor or management activities on or off the farm or ranch, which contribute to the farm or ranch operations.