North Dakota Code 4.1-48-02 – Unfair acts and practices prohibited
The following prohibited acts or practices, when engaged in by a buyer in connection with a potato production contract or purchase involving potatoes constitute unfair acts or practices for purposes of this chapter. A buyer may not:
Terms Used In North Dakota Code 4.1-48-02
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
1. Use coercion, intimidation, the threat of retaliation or the threat of contract termination, cancellation, or nonrenewal to impose, demand, compel, or dictate terms, payment or manner of payment, or the signing of a contract by a potato producer.
2. Use coercion, intimidation, the threat of retaliation, or the threat of contract termination, cancellation, or nonrenewal to require a producer to make capital improvements such as buildings or equipment.
3. Interfere with, restrain, or coerce a producer in the exercise of the right to join, form, or assist a producer bargaining cooperative or association.
4. Refuse to deal with a producer because of the exercise of the right to join and belong to a producer bargaining cooperative or association.
5. Refuse to provide to the producer, upon request, the statistical information and the data used to determine compensation paid to the producer for settlement.
6. Refuse to allow a producer or the producer’s designated representative to observe, by actual observation at the time of weighing, the weights and measures used to determine the producer’s compensation at settlement.
7. Use the performance of any other producer to determine the settlement of a producer.
8. Refuse to bargain with an established producer bargaining cooperative or association formed for the purpose of negotiating contracts and agreements.