North Dakota Code 4.1-26-17 – Licenses
1. a. A person must be licensed by the milk marketing board as a dairy farmer if the person sells grade A raw milk that the person has produced to a processor that: (1) Must be licensed in accordance with this chapter; and
Terms Used In North Dakota Code 4.1-26-17
- 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
- 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
(2) Processes the milk at a plant located in this state.
b. This subsection is applicable regardless of whether the person’s dairy farm is located within or outside of this state.
2. A person must be licensed as a processor by the milk marketing board if the person:
a. Operates a processing plant located in this state; b. Sells milk products or frozen dairy products to a retailer for resale at a retail establishment in this state, regardless of whether:
(1) The processor’s plant is located in this state or outside of this state; or
(2) The retailer takes title to or possession of the products in this state or outside of this state; or
c. Sells milk products or frozen dairy products to a distributor for resale to:
(1) North Dakota consumers on home delivery; or
(2) A retailer.
3. A person must be licensed as a distributor by the milk marketing board if the person sells milk products or frozen dairy products to:
a. North Dakota consumers on one or more home delivery routes; or b. A retailer.
4. a. A person must be licensed as a retailer by the milk marketing board if the person: (1) Purchases milk products or frozen dairy products for purposes of resale to consumers; or
(2) Sells milk products or frozen dairy products to consumers.
b. (1) A person licensed as a dairy farmer, a processor, or a distributor shall also be licensed as a retailer, if the person sells milk products or frozen dairy products to consumers at a fixed place of business located in this state.
(2) Each fixed placed of business referenced in this subdivision requires separate licensure.
5. In order to effectuate the purchase of milk products and frozen dairy products at wholesale prices, the following entities may be licensed as retailers:
a. School districts; b. Nonpublic schools; c. Hospitals; d. State institutions; and e. Not-for-profit entities.
6. This section requires separate licensure for each place of business.