North Dakota Code 4.1-26-24 – License application – Required declaration
1. As a condition of licensure, an applicant for a processor’s license shall declare in the application that the applicant:
Terms Used In North Dakota Code 4.1-26-24
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. Will not sell milk products or frozen dairy products to any person who is not properly licensed in accordance with this chapter; b. Will sell such milk products or frozen dairy products as are customarily handled by a processor to any retailer who:
(1) Desires to purchase such products from the processor; and
(2) Has a place of business in any community in which the processor processes, distributes, or sells milk products or frozen dairy products; and
c. Will offer to any retailer the same frequency of delivery and the same in-store services as are customary in the community.
2. As a condition of licensure, an applicant for a distributor’s license shall declare in the application that the applicant:
a. Will not sell milk products or frozen dairy products to any person who is not licensed in accordance with this chapter; b. Will not purchase milk products or frozen dairy products from any person who is not licensed in accordance with this chapter; c. Will sell such milk products or frozen dairy products as are customarily handled by a distributor to any retailer who:
(1) Desires to purchase such products from the distributor; and
(2) Has a place of business in any community in which the distributor distributes or sells milk products or frozen dairy products; and
d. Will offer to any retailer the same frequency of delivery and the same in-store services as are customary in the community.
3. As a condition of licensure, an applicant for a retailer’s license shall declare in the application that the applicant will not purchase milk products or frozen dairy products from any person who is not licensed in accordance with this chapter.
4. For purposes of this section, “community” means a city, together with any commonly recognized residential or business area adjacent to the city.