# Title 7 — Agriculture Commissioner

## Article 7-03.2 — Dairy Division

## Chapter 7-03.2-06 — Changing the Milk Buyer

### § 7-03.2-06-01. Transfer procedures.

1. A dairy producer who wants to contract with a new milk buyer shall apply to the commissioner
for authority to do so. The application must be on forms provided by the commissioner.
2. Upon receipt of an application, the commissioner shall examine the applicant’s inspection and
milk quality records. If the records indicate that the applicant meets minimum milk quality
standards and is under no suspension or suspension warning, the commissioner shall
immediately approve the application and mail a copy to the applicant and the buyers involved.
Should the applicant’s records leave doubt about whether minimum standards are met, the
commissioner shall immediately order a milk sample be taken or an inspection of the dairy
facility, or both, to determine compliance. If the inspection and milk quality tests conclude that
the applicant meets minimum standards, the commissioner shall immediately approve the
transfer. The transfer takes effect on the date the commissioner approves it or on another date
the commissioner sets.
3. The commissioner shall approve or disapprove an application in writing, within seven days.
Additional time may be taken if the commissioner requires a farm inspection or testing a milk
sample.
4. Upon the applicant’s written request, which must be submitted within thirty days of the denial
of a transfer request, the commissioner shall promptly convene a hearing to determine
whether the denial was proper.
5. If an applicant wishes to retain the applicant’s current milk buyer before the approved transfer
date, the applicant may ask the commissioner to rescind the transfer. The applicant must
notify the buyers involved that the transfer was rescinded.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-50
