# Title 7 — Agriculture Commissioner

## Article 7-03.2 — Dairy Division

## Chapter 7-03.2-04 — Licensing Procedures for Dairy Farms

### § 7-03.2-04-01. General requirements for licensing dairy farms.

1. All dairy farms wishing to sell milk must apply for a farm license. No farm may sell milk without
a license.
2. Application for a license must be filed with the commissioner. Soon after receiving the
application the commissioner shall inspect the farm and its facilities and premises.
3. A set of plans containing information on the dairy farm, milking facility, and milking equipment
must be submitted to the commissioner for new dairy farms and prior to major changes in
existing facilities. The plans must be provided by the dairy producer and approved by the
commissioner prior to licensure and prior to starting any construction.
4. A facility inspection must be conducted and a water sample taken as a licensing requirement.
Satisfactory results from both these items will result in the posting of an inspection sheet,
which certifies that the facility can sell milk in North Dakota.
5. The inspection sheet must be prominently posted in the milkhouse and is part of the record in
all administrative proceedings involving compliance with North Dakota Century Code chapter
4.1-25 and rules enacted under it.
6. The commissioner will license dairy farms either as:
a. Grade A, which is a farm that is licensed to meet production practices required by North
Dakota Century Code section 4.1-25-30; or
b. Manufacturing grade, which is a farm that is licensed to meet production requirements
required by North Dakota Century Code section 4.1-25-28.
7. Licensure continues unless suspended or revoked and is not transferable.
8. A dairy farm temporarily not in use during a normally scheduled inspection is required to be
relicensed prior to starting raw milk production.
9. All licensed farms will be assigned a producer number by the commissioner. This number
must be used by the producer, bulk hauler, and plant when communicating with the
commissioner.
History: Effective October 1, 2009; amended effective July 1, 2024.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-28, 4.1-25-30, 4.1-25-33
### § 7-03.2-04-02. Special requirements for licensing dairy farms.

1. Grade A milk farm. To be licensed as a grade A milk farm, the farm must satisfy the following:
a. The farm must score a ninety or above during the initial inspection, without any
equipment cleaning, major drug labeling, major drug storage, or milk cooling violations.

b. The water supply must meet the requirements of the North Dakota board of water well
contractors and state department of health, or the water supply must be approved for
municipal or rural water use by the state department of health.
c. Wells must be at least ten feet [3.01 meters] from hydrants unless the hydrant is
frost-free style and with an approved atmospheric vacuum breaker or the hose
connection threads are cut off.
d. The farm bulk tank must be empty at the time of licensing.
e. The hoseport must be installed in an exterior milkhouse wall.
f. Neither light fixtures nor vents may be placed over bulk tanks.
g. Light must be provided to properly inspect the interior of bulk tanks.
h. Livestock or fowl may not have access to truck approach (driveway) or loading area.
i. Hot water heater capacity must be adequate to properly clean equipment.
j. There must be adequate backflow preventors upstream from tube, plate coolers and heat
exchangers to protect the milkhouse and water supply. Backflow preventors are also
required downstream of tubeplate coolers, and heat exchangers unless there is a
physical break downstream. The physical break must be at least two times the diameter
of the discharge line.
k. Properly mounted and installed 36A or N36 vacuum relief valves or a properly installed
low pressure cut off switch downstream from a shut off valve, are required on power
washers and booster pumps.
l. All equipment must meet applicable 3A standards and practices.
2. Manufacturing grade milk farm. Manufacturing grade milk farms must meet all rules of the
United States department of agriculture.
History: Effective October 1, 2009; amended effective July 1, 2019.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-28, 4.1-25-50
### § 7-03.2-04-03. Denial of license and appeal.

1. Should the inspection determine that deficiencies exist, causing a score below a ninety
without any equipment cleaning, major drug labeling, major drug storage, or milk cooling
violations, the farm may not be licensed.
2. The producer shall correct deficiencies before requesting a reinspection.
3. A producer denied a license may appeal that decision to the commissioner within thirty days of
the denial, by requesting, in writing, a hearing. The commissioner shall convene a hearing as
soon as possible.
History: Effective October 1, 2009; amended effective July 1, 2019.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-02

### § 7-03.2-04-04. Temporary facilities' license for selling raw milk.

1. Application must be made to the commissioner to license temporary facilities for dairy shows,
fairs, etc.
2. Temporary facilities must comply with all construction requirements in article 7-03.2 and in
North Dakota Century Code chapter 4.1-25 for farm facilities offering raw milk for sale.
Lactating dairy animals must never be housed with fowl, swine, or other potential carriers of
milk-borne illnesses.
3. An onsite facility inspection must be conducted by the commissioner prior to milk sales. If a
temporary permit is issued, the permit will be the commissioner's inspection sheet, which the
licensee must post in a place at the licensed facility to be readily viewed by the public. The
permit duration will be set by the commissioner.
4. All milk offered for sale from facilities with temporary permits must be screened by the
licensee for inhibitory substances by use of the Delvo P or other tests accepted by the
commissioner. The person administering the test must be a licensed tester.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-04-05. Grade A farms - Loss of status - Inspection - Access.

1. If a grade A farm has three repeat violations that concern the same inspection item, or if the
farm scores seventy-five or below in an inspection, it will be downgraded to manufacturing
grade status. The commissioner shall notify the milk plant, the milk hauler, and the producer of
the status change.
2. A grade A farm in violation of equipment cleaning, drugs, temperature, and other requirements
established to protect the public from serious health risks will be reinspected not before three
days but before twenty-one days.
3. If a grade A dairy farm is downgraded three times in any two-year period for any reason, the
farm must remain downgraded for up to ninety days as determined by the commissioner. For
a farm to regain a grade A license, a reinstatement inspection is required.
4. If access to a grade A farm is denied to persons seeking to undertake an inspection, federal
check rating, an interstate milk survey, or any state inspection, then the farm will be
immediately downgraded to manufacturing grade status and will lose its grade A status.
History: Effective October 1, 2009; amended effective July 1, 2019.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-24, 4.1-25-30
