# Title 74 — Seed Commission

## Article 74-05 — Wholesale Potato Dealers

## Chapter 74-05-01 — Wholesale Potato Dealer Requirements

### § 74-05-01-01. Definition of wholesale potato dealer.

Repealed effective January 1, 2005.
### § 74-05-01-02. Persons excluded from application of chapter.

This chapter does not apply to any person who grows or produces one's own potatoes for one's
own account, nor to any person who makes purchase of potatoes for the purpose of retail sale in less
than standard freight carload lots and in one's local trade.
General Authority: NDCC 28-32
Law Implemented: NDCC 4.1-57-02
### § 74-05-01-03. License fee.

Repealed effective January 1, 2005.
### § 74-05-01-03.1. License fee.

The annual license fee is two hundred dollars. All licenses expire on June thirtieth.
History: Effective July 1, 2007.
General Authority: NDCC 28-32
Law Implemented: NDCC 4.1-57-06
### § 74-05-01-04. Bond - Fee - Exemption.

Repealed effective January 1, 2005.
### § 74-05-01-05. Dealer responsible for acts of agents.

A licensed dealer shall at all times be responsible for the acts, contracts, or agreements made by
the dealer's agent or agents in the purchase or sale of potatoes.

General Authority: NDCC 28-32
Law Implemented: NDCC 4.1-57-22
### § 74-05-01-06. Time limit for payment.

Whenever potatoes have been sold to any dealer on open account, the buyer shall pay for the
potatoes within thirty days from delivery thereof unless an agreement for extension of credit has been
made between the seller and the purchaser, or unless prompt cash payment on delivery is specified.
History: Amended effective January 1, 2005.
General Authority: NDCC 28-32
Law Implemented: NDCC 4.1-57-22
### § 74-05-01-07. Contracts - Confirmation.

Repealed effective January 1, 2011.
### § 74-05-01-08. Complaints.

Repealed effective January 1, 2005.
### § 74-05-01-09. Claims against bonds.

No person delivering potatoes to a licensed dealer shall be entitled to the benefits of any required
financial instrument unless the person shall have filed the person's claim therefore with the seed
commissioner within three hundred sixty days after the delivery of the person's potatoes to the principal
in the case of a sale, or within three hundred sixty days after the sale by the principal in the case of
potatoes received on consignment.
History: Amended effective June 1, 1998; January 1, 2005; July 1, 2007.
General Authority: NDCC 28-32
Law Implemented: NDCC 4.1-57-22
### § 74-05-01-10. License suspension, revocation, or cancellation.

Repealed effective January 1, 2005.
