§ 4.1-26-30 — Prohibitions

1. A licensee may not buy or sell any milk product or any frozen dairy product at a price
that is less than the minimum price nor more than the maximum price set forth in the
applicable milk stabilization plan.
2. If price filings are required, as permitted by section 4.1-26-14:
a. A dealer may not sell a frozen dairy product at a price that varies from the filed
price in effect on the date of the sale; and
b. A retailer may not purchase a frozen dairy product at a price that varies from the
filed price in effect on the date of the sale.
3. A licensee may not engage in any act or omission that is contrary to a declaration
made in the person's application for a license, as submitted to the milk marketing
board.
4. a. A licensee may not use or attempt to use any method, device, or transaction that:
(1) Is intended to accomplish or has the effect of accomplishing, the sale or
attempted sale of milk products or frozen dairy products at less than the
minimum prices set forth in the applicable milk stabilization plan;
(2) Is intended to accomplish or has the effect of accomplishing the purchase or
attempted purchase of milk products or frozen dairy products at less than
the minimum prices set forth in the applicable milk stabilization plan;
(3) Is designed to circumvent any price requirements provided for in this
chapter; or
(4) Has the effect of substantially undermining the effectiveness of any price
requirements provided for in this chapter.
b. The provisions of subdivision a are applicable regardless of whether the method,
device, or transaction:
(1) Is applied directly to the milk product or frozen dairy product sold or
purchased; or
(2) Is used in connection with the sale or handling of any other product,
commodity, article, or service.
5. a. A distributor may not purchase milk products or frozen dairy products at prices
that are less than minimum wholesale prices if the products are resold to
consumers at a fixed place of business owned by the distributor.
b. This subdivision does not prohibit a distributor from purchasing at wholesale
prices those milk products or frozen dairy products that are to be resold at a fixed
place of business owned by the distributor, provided the distributor purchases at
distributor prices all other milk products and frozen dairy products that are to be
resold by the distributor.

6. A retailer may not sell or offer to sell milk products or frozen dairy products of a
particular brand at a price that is different from that charged by the retailer for the
same quantity, type, quality, or grade of a different brand, unless the price differential
equals the difference in the price paid by the retailer for the referenced products.