North Dakota Administrative Code
Title 51 - Milk Marketing Board
Article 51-02 - Dairy Industry Regulations
Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures
Section 51-02-01-01 - Definitions

As used in this chapter, unless the context otherwise requires:

1. "Base deliveries" means the actual amount of milk delivered by a group of base or quota holding dairy farmers which is equal to the bases specified or the actual deliveries, whichever is less.

2. "Base or quota" means a specified amount of milk which a diary farmer agrees to supply periodically and which a distributor agrees to purchase, and may be expressed in terms of whole milk or the components of whole milk.

3. "Dairy farmer-processor" means any dairy farmer who produces one's own supply of grade A milk and processes and packages the milk for retail trade.

4. "Dock" means dock at the plant of a processor where milk products and frozen dairy products are actually processed and packaged.

5. "Dumpage" or "skim dumped" means that amount of skim milk dumped or otherwise destroyed after separation and without further processing or usage.

6. "Excess milk" means that amount of milk delivered to a plant by a dairy farmer in excess of the farmer's specified base or quota.

7. "Hauler" means any person transporting milk produced by grade A dairy farmers from farm-to-plant or from plant-to-plant.

8. "Import distributor" or "import jobber" means a distributor who purchases milk already processed and packaged for resale to wholesale and retail customers from a source or sources whose headquarters are geographically located outside the boundaries of North Dakota.

9. "Jobber" means any independent businessman other than a store, wholesale grocery purchasing organization, or wholesale grocery broker, who has no financial connection with any processor other than acquiring the processor's packaged product and distributing and selling the packaged product, and whose business practices and policies are within the businessman's exclusive province to establish, and not subject to any influence or control from the processor.

10. "Other source milk" means all milk defined in North Dakota Century Code chapter 4-18.1, and also all reconstituted or recombined milk, condensed milk, and milk and the components of milk other than grade A which is received in a plant from any source other than a licensed grade A dairy farmer.

11. "Overage" means that amount by which milk otherwise accounted for exceeds plant receipts.

12. "Plant" means the plant of a processor.

13. "Plant receipts" means all milk received from licensed dairy farmers, other plants, and other sources, inventory, and all additives used in fluid products.

14. "Shrinkage" means that amount by which receipts exceed milk otherwise accounted for by the plant.

15. "Store" means any grocery, soda fountain, dairy store, confectionary, or similar mercantile establishment, whether rural or urban, which sells milk over the counter or on the premises to customers at retail, and, unless otherwise distinguished herein, includes chain stores, supermarkets, quick service markets, and wholesale food purchasing organizations.

16. "Surplus" means that amount of milk produced for fluid use which exceeds the fluid needs of the market.

General Authority: NDCC 4-18.1-01, 4-18.1-15

Law Implemented: NDCC 4-18.1-15