§ 4.1-48-02 — Unfair acts and practices prohibited

The following prohibited acts or practices, when engaged in by a buyer in connection with a
potato production contract or purchase involving potatoes constitute unfair acts or practices for
purposes of this chapter. A buyer may not:
1. Use coercion, intimidation, the threat of retaliation or the threat of contract termination,
cancellation, or nonrenewal to impose, demand, compel, or dictate terms, payment or
manner of payment, or the signing of a contract by a potato producer.
2. Use coercion, intimidation, the threat of retaliation, or the threat of contract termination,
cancellation, or nonrenewal to require a producer to make capital improvements such
as buildings or equipment.
3. Interfere with, restrain, or coerce a producer in the exercise of the right to join, form, or
assist a producer bargaining cooperative or association.
4. Refuse to deal with a producer because of the exercise of the right to join and belong
to a producer bargaining cooperative or association.
5. Refuse to provide to the producer, upon request, the statistical information and the
data used to determine compensation paid to the producer for settlement.
6. Refuse to allow a producer or the producer's designated representative to observe, by
actual observation at the time of weighing, the weights and measures used to
determine the producer's compensation at settlement.
7. Use the performance of any other producer to determine the settlement of a producer.
8. Refuse to bargain with an established producer bargaining cooperative or association
formed for the purpose of negotiating contracts and agreements.