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North Dakota Century Code Title 4.1. Agriculture § 4.1-26-30. Prohibitions

Current as of January 01, 2024 | Updated by Findlaw Staff

1. A licensee may not buy or sell any milk product or any frozen dairy product at a price that is less than the minimum price nor more than the maximum price set forth in the applicable milk stabilization plan.

2. If price filings are required, as permitted by section 4.1-26-14:

a. A dealer may not sell a frozen dairy product at a price that varies from the filed price in effect on the date of the sale; and

b. A retailer may not purchase a frozen dairy product at a price that varies from the filed price in effect on the date of the sale.

3. A licensee may not engage in any act or omission that is contrary to a declaration made in the person's application for a license, as submitted to the milk marketing board.

4. a. A licensee may not use or attempt to use any method, device, or transaction that:

(1) Is intended to accomplish or has the effect of accomplishing, the sale or attempted sale of milk products or frozen dairy products at less than the minimum prices set forth in the applicable milk stabilization plan;

(2) Is intended to accomplish or has the effect of accomplishing the purchase or attempted purchase of milk products or frozen dairy products at less than the minimum prices set forth in the applicable milk stabilization plan;

(3) Is designed to circumvent any price requirements provided for in this chapter; or

(4) Has the effect of substantially undermining the effectiveness of any price requirements provided for in this chapter.

b. The provisions of subdivision a are applicable regardless of whether the method, device, or transaction:

(1) Is applied directly to the milk product or frozen dairy product sold or purchased; or

(2) Is used in connection with the sale or handling of any other product, commodity, article, or service.

5. a. A distributor may not purchase milk products or frozen dairy products at prices that are less than minimum wholesale prices if the products are resold to consumers at a fixed place of business owned by the distributor.

b. This subdivision does not prohibit a distributor from purchasing at wholesale prices those milk products or frozen dairy products that are to be resold at a fixed place of business owned by the distributor, provided the distributor purchases at distributor prices all other milk products and frozen dairy products that are to be resold by the distributor.

6. A retailer may not sell or offer to sell milk products or frozen dairy products of a particular brand at a price that is different from that charged by the retailer for the same quantity, type, quality, or grade of a different brand, unless the price differential equals the difference in the price paid by the retailer for the referenced products.

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Cite this article: FindLaw.com - North Dakota Century Code Title 4.1. Agriculture § 4.1-26-30. Prohibitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-4-1-agriculture/nd-cent-code-sect-4-1-26-30/

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