N.D. Cent. Code § 4.1-26-11

4.1-26-11. Milk stabilization plans - Optional provisions

1. a. A milk stabilization plan established in accordance with section 4.1-26-10 may

include the minimum price that must be charged for milk products and frozen

dairy products by any person other than those referenced in subsection 2 of

section 4.1-26-10.

b. (1) Nothing in this subsection requires the establishment of minimum prices for

all items in a category.

(2) Nothing in this subsection requires the establishment of both minimum

wholesale and retail prices for a particular item.

2. A milk stabilization plan established in accordance with section 4.1-26-10 may provide

for a classified pricing system predicated upon utilization and may provide for a

marketwide pooling arrangement or a handler pooling arrangement, as defined in the

Agricultural Marketing Agreement Act of 1937 [7 U.S.C. 601 et seq.], as amended.

3. If some portion of a milk marketing area falls under the jurisdiction of a federal milk

marketing order, a milk stabilization plan established in accordance with section

4.1-26-10 for the marketing area may require that licensed processors subject to both

the milk stabilization plan and the federal milk marketing order:

a. Pay minimum raw milk class prices that exceed the minimum raw milk class

prices established by the federal milk marketing order; and

b. Pay the difference between the federal and state minimums directly to dairy

farmers, on a handler pool basis.

4. A milk stabilization plan established in accordance with section 4.1-26-10 may contain

a formula that automatically changes the minimum price payable to dairy farmers,

provided the formula is based on changes in the factors set forth in subdivision b of

subsection 1 of section 4.1-26-10.

5. A milk stabilization plan established in accordance with section 4.1-26-10 may:

a. Establish the prices payable by a processor for raw milk purchased from sources

other than dairy farmers; and

b. Contain provisions necessary to ensure that the prices paid for butterfat and milk

solids not fat, whether in the form of raw milk or otherwise, are uniform for all

processors whose raw milk purchases are regulated under the plan.

6. If a milk stabilization plan established in accordance with section 4.1-26-10 contains a

marketwide pooling arrangement, the plan may require that raw milk produced by dairy

farmer-processors be included in the pooling arrangement.

7. A milk stabilization plan established in accordance with section 4.1-26-10 may provide

for price adjustments based upon:

a. The butterfat content of the raw milk;

b. The location at which the raw milk is received;

c. The location of a plant receiving raw milk that the processor purchased and

thereafter transferred or diverted from the plant at which such raw milk is normally

utilized; and

d. Any other factors for which price adjustments are permitted in the Agricultural

Marketing Agreement Act of 1937 [7 U.S.C. 601 et seq.], as amended.