N.D. Cent. Code § 4.1-25-01

4.1-25-01. Definitions

1. "Cheese factory" means a facility that makes cheese for commercial purposes.

2. "Commissioner" means the agriculture commissioner or the commissioner's designee.

3. "Condensery" means a facility where condensed or evaporated milk is produced.

4. "Dairy animal" means any healthy four-legged hooved mammal maintained for the

commercial production of milk to be offered for sale for use in the processing or

manufacturing of milk or dairy products.

5. "Dairy farm" means a place where one or more dairy animals are kept.

6. "Dairy product" includes milk, cream, sour cream, butter cream, butter, skimmed milk,

ice cream, whipped cream, flavored milk or skim milk drink, dried or powdered milk,

cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix,

sherbet, condensed milk, evaporated milk, or concentrated milk.

7. "Department" means the department of agriculture.

8. "Distributor" means a person that provides storage, transportation, delivery, or

distribution of dairy products to any person who sells dairy products.

9. "Drying plant" means a facility that manufactures dry milk products by removing water

from milk or milk products.

10. "Filled dairy products" means any milk, cream, or skimmed milk, or any combination of

them, whether or not condensed, evaporated, concentrated, frozen, powdered, dried,

or desiccated, or any food product made or manufactured from those products, to

which has been added, blended, or compounded with, any fat or oil, other than milk

fat, to imitate a dairy product. "Filled dairy products" may not be construed to mean or

include:

a. Any distinctive proprietary food compound not readily mistaken for a dairy

product, if the compound is customarily used on the order of a physician and is

prepared and designed for medicinal or special dietary use and prominently so

labeled;

b. Any dairy product flavored with chocolate or cocoa or the vitamin content of which

has been increased, or both, if the fats or oils other than milk fat contained in the

product do not exceed the amount of cacao fat naturally present in the chocolate

or cocoa used and the food oil, not in excess of one-hundredth per centum of the

weight of the finished product, used as a carrier of such vitamins; or

c. Margarine.

11. "Grading" means the examination of milk or milk products by sight, odor, taste, or

laboratory analysis, the results of which determine a rating of the quality of the

product.

12. "Ice cream plant" means a facility that makes ice cream for commercial purposes.

13. "Ice milk plant" means a facility that makes ice milk for commercial purposes.

14. "Imitation milk" or "imitation milk product" means a food product or food compound

made to resemble milk or a milk product when any of the following occurs:

a. The food physically resembles milk or a milk product. "Physical resemblance"

means those characteristics relating to the composition of food, including fat and

moisture content, nonfat solids content, and functional ingredient or food additive

content such as emulsifiers, stabilizers, flavor, or color additives.

b. The packaging used resembles the packaging used for milk or for a milk product.

c. The food product or food compound is displayed in a retail establishment in the

same manner as milk or a milk product.

d. Verbal or pictorial expressions are used on the food products or food compounds,

labeling, or in advertisements or other similar devices used to promote the food

products or food compounds that state or imply that the food is milk or a milk

product.

e. The food product or food compound in any other way is manufactured, packaged,

or labeled so as to resemble the identity, intended use, or physical and sensory

properties of milk or a milk product. "Physical and sensory properties" means

those characteristics relating to flavor, texture, smell, and appearance of a food

product or food compound.
mply that the food is milk or a milk

product.

e. The food product or food compound in any other way is manufactured, packaged,

or labeled so as to resemble the identity, intended use, or physical and sensory

properties of milk or a milk product. "Physical and sensory properties" means

those characteristics relating to flavor, texture, smell, and appearance of a food

product or food compound.

15. "Milk" means the lacteal secretion, practically free of colostrum, obtained by the

complete milking of a healthy hooved mammal, including any member of the order

Cetartiodactyla and including a member of the family:

a. Bovidae, including cattle, water buffalo, sheep, goats, and yaks;

b. Cervidae, including deer, reindeer, and moose;

c. Equidae, including horses and donkeys; and

d. Camelidae, including llamas, alpacas, and camels.

16. "Milk hauler" means a person that owns vehicles used to transport raw milk from a

dairy farm to a dairy facility.

17. "Milk plant or bottling plant" means a facility where milk or milk products are collected,

handled, processed, stored, and prepared for distribution.

18. "Milk solids or total solids" means the total amount of solids in milk.

19. a. "Pasteurization" as applied to milk or skim milk means either:

(1) The process of heating every particle of milk to at least one hundred

forty-five degrees Fahrenheit [62.78 degrees Celsius] and cream and other

milk products to at least one hundred fifty degrees Fahrenheit [65.55

degrees Celsius], and holding it at that temperature continuously for at least

thirty minutes; or

(2) Heating every particle of milk to at least one hundred sixty-one degrees

Fahrenheit [71.67 degrees Celsius] and cream and other milk products to at

least one hundred sixty-six degrees Fahrenheit [74.44 degrees Celsius], and

holding it at that temperature continuously for at least fifteen seconds in

approved and properly operated equipment.

b. When applied to cream for butter making, "pasteurization" means the cream must

be held at a temperature of not less than one hundred sixty-five degrees

Fahrenheit [73.89 degrees Celsius] for at least thirty minutes or not less than one

hundred eighty-five degrees Fahrenheit [85.00 degrees Celsius] for at least

fifteen seconds.

c. This subsection may not be construed as barring any other process that has been

demonstrated to be equally efficient which assures proper pasteurization and

keeping quality, which is consistent with the most desirable quality, and which is

approved by the commissioner.

20. "Pasteurized milk ordinance" means the 2023 revision of the Grade "A" Pasteurized

Ordinance issued by the United States food and drug administration and by the United

States department of agriculture's public health service.

21. "Peddler" means a person that purchases milk or milk products and sells the milk or

milk products directly to consumers at any place other than from a store, stand, or

other fixed place of business.

22. "Person" means individuals, firms, partnerships, associations, trusts, estates,

corporations, and limited liability companies, and any and all other business units,

devices, or arrangements.

23. "Processing or manufacturing" means the treatment of milk or milk products by

pasteurizing, bottling, churning, adding flavors to, freezing, dehydrating, packaging,

coagulating, or treating in any manner that changes the natural, physical, or chemical

properties of the original product.

24. "Producer dairy" means a dairy farm that sells milk or cream to a dairy plant for

processing or manufacturing.

25. "Producer-processor" or "producer-distributor" means a producer that is also a

processor or distributor.

26. "Raw milk or raw milk products" means products that have not been treated by the

process of pasteurization.

27. "Retail" means the sale of milk or milk products directly to the consumer.

28. "Sampler" means a person, other than a milk producer or dairy plant employee, who
cturing.

25. "Producer-processor" or "producer-distributor" means a producer that is also a

processor or distributor.

26. "Raw milk or raw milk products" means products that have not been treated by the

process of pasteurization.

27. "Retail" means the sale of milk or milk products directly to the consumer.

28. "Sampler" means a person, other than a milk producer or dairy plant employee, who

transports samples for official use of raw milk or milk products from a dairy farm to a

dairy facility.

29. "Sampling" means a procedure taking a portion of milk or milk products for grading or

testing.

30. "Shared animal ownership agreement" means any contractual arrangement under

which an individual:

a. Acquires an ownership interest in a milk-producing animal;

b. Agrees to pay another for, reimburse another for, or otherwise accept financial

responsibility for the care and boarding of the milk-producing animal at the dairy

farm; and

c. Is entitled to receive a proportionate share of the animal's raw milk production as

a condition of the contractual arrangement.

31. "Skim milk solids or solids-not-fat" means the total solids in milk after all fat has been

removed.

32. "Standard Methods" means the seventeenth edition of the Standard Methods for the

Examination of Dairy Products published by the American public health association.

33. "Testing" means an examination of milk or milk products by sight, odor, taste, or

laboratory analysis to determine the quality, wholesomeness, or composition of the

product.

34. "Wholesale" means the sale of milk or milk products to a retail dealer for resale.