§ 4.1-26-01 — Definitions

Unless the context otherwise requires, the definitions in this section apply to this chapter.
1. "Bulk milk" means milk that is purchased by a processor from a person other than a
dairy farmer and which is purchased in a container other than the one in which the milk
will be resold to a retailer or to a consumer.
2. "Dairy farmer" means any person who produces grade A raw milk for sale to a
processor.
3. "Dairy farmer-processor" means a person who is both a dairy farmer and a processor
and who does not purchase raw milk from other dairy farmers, provided:
a. A dairy farmer-processor is a dairy farmer with respect to the sale of raw milk
produced by that person to a processor; and
b. A dairy farmer-processor is a processor with respect to any processing,
manufacturing, or sale of milk products or frozen dairy products or with respect to
the receipt of bulk milk from a source other than that person's own production.
4. "Dealer" means any processor or distributor.
5. "Distributor" means a person, other than a processor, that sells to consumers on one
or more home delivery routes, that sells to retailers, or that sells to both.
6. "Distributor price" means the price at which any milk product or frozen dairy product,
not intended for resale at a fixed location owned by a distributor, is purchased by a
distributor.
7. "Frozen dairy product" means:
a. Ice cream;
b. Ice milk;
c. Frozen custard;
d. Fruit sherbet;
e. The mix from which any such product listed in subdivisions a through d is made;
and
f. Any frozen product that contains milk solids not fat, or butterfat, and which is
commonly referred to in the dairy industry as a novelty.
8. "Marketing area" means a geographical portion of this state, within which minimum or
maximum prices established by the board must be uniform.
9. "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.
10. "Milk product" means:
a. (1) Buttermilk, including plain and creamed;
(2) Concentrated milk;
(3) Creamline milk;
(4) Flavored milk;
(5) Flavored skim milk;
(6) Fortified milk;
(7) Homogenized milk;
(8) Low fat milk;
(9) Raw milk;
(10) Regular milk;
(11) Skim milk;
(12) Special milk;
(13) Standardized milk; and
(14) Whole pasteurized milk;

b. (1) Cottage cheese; and
(2) Creamed cottage cheese;
c. Eggnog;
d. (1) Fluid cream;
(2) Half and half;
(3) Sour cream;
(4) Whipped cream; and
(5) Whipping cream; and
e. Yogurt.
11. a. "Processor" means a person who:
(1) Processes or manufactures milk products or frozen dairy products;
(2) Purchases raw milk from a grade A dairy farmer for resale to a person who
processes or manufactures milk products or frozen dairy products; or
(3) Purchases bulk milk from anyone for resale to a person who processes or
manufactures milk products or frozen dairy products.
b. The term "processor" does not include a person who purchases ice cream mix,
ice milk mix, or other frozen dairy products, provided:
(1) The person's processing activities are limited to converting the mix into a
frozen dairy product; and
(2) More than half the sales of which are then made by the person to
consumers at retail on the premises where the processing activities take
place.
12. "Retail price" means the price at which any milk product or frozen dairy product is
purchased by any person who makes such purchase for purposes other than resale.
13. "Retailer" means any person who is engaged in transferring title to milk products or
frozen dairy products to consumers at one or more retail establishments located in this
state.
14. "Stabilization plan" means a plan that contains minimum prices, maximum prices, or
both, and enforcement mechanisms.
15. "Wholesale price" means the price at which any milk product or frozen dairy product is
purchased by a retailer.