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DAIRY PROMOTION COMMISSION
[Authorized: NDCC Section 4-17-04 and 4. 1-05]
The Dairy Production Promotion Commission was established in 1959 (S. L. 1959, Ch. 93) with seven members. The purpose of the Commission is to promote the consumption of dairy products through research, education, public relations, advertising, and market development programs. The Commission helps assure the future operation of North Dakota processing plants and maintenance of dairy markets and family farms.
In 1963 (S. L. 1963, Ch. 85) the State Dairy Department was established within the Department of Agriculture and Labor and a Dairy Commissioner was appointed by the Commissioner of Agriculture and Labor. After the Department of Agriculture and Labor was divided in two separate departments, the Dairy Commissioner became a member of the commission replacing the Commissioner of Agriculture who became an ex-officio member (S. L. 1965 Ch. 236).
Initially, the governor appointed four members; two dairy producers whose names were submitted by the American Dairy Association of North Dakota, and two processors whose names were submitted by the North Dakota Dairy Industries Association. There were three ex-officio members including the Commissioner of Agriculture and Labor, the head of the Dairy Husbandry Department at North Dakota State University, and a state executive committee member of the American Dairy Association of North Dakota. The ex-officio members had the same rights as the appointed members including voting and two year terms in office. The Commission elected a chairman, vice chairman, secretary-treasurer, and such other officers as may be deemed advisable. The Commission submitted an annual report to the Governor concerning their activities and finances.
The number of commission members changed often during the late 1970s and throughout the 1980s. Legislation in 1977 expanded membership to nine with four appointed members and five ex-officio members. They were the president of the American Dairy Association of North Dakota and a state executive committee member of the American Dairy Association, the president of the National Dairy Council of North Dakota, the State Dairy Commissioner, and the head of the Animal Science Department at North Dakota State University (S. L. 1977, Ch. 57).
In 1983 ex-officio members serving on the commission were the president of the American Dairy Association of North Dakota and a state executive committee member of the American Dairy Association of North Dakota, the president of the National Dairy Council of North Dakota, the Dairy Commissioner, and the head of Animal Science at North Dakota State University (S. L. 1983, Ch. 99).
Legislative changes in 1989 to the membership on the commission stipulated that the Governor appoint two producers from names submitted by the American Dairy Association of North Dakota and one processor from names submitted by the North Dakota Dairy Industries Association. The four ex-officio elected members included the president of the American Dairy Association of North Dakota, the president of the Dairy Council of North Dakota, and two members of the Milk Producers Association of North Dakota, the Commissioner of Agriculture, and the head of animal science at North Dakota State University.
The membership in 2009 (S. L. 2009, Ch. 80) had two producers appointed by the Governor from a list of nominees submitted by the Milk Producers Association of North Dakota and the chairman of the North Dakota Division of the Midwest Dairy Association. The North Dakota Division of the Midwest Dairy Association elected two members. The Commission has the option to appoint four non-voting members [NDCC 4.1-05]. The commission decreased in size to five members.
Assessments are used by the committee to carry out their activities. There were assessment increases approved during the 1963, 1977, 1985, and 1993 legislative sessions. Assessments have been levied on butterfat, cream, tested and untested milk and milk products sold by producers to a first processor or dealer in the state. All money collected from the assessment is deposited with the state treasurer into the dairy promotion commission fund and is appropriated to the commission by the legislature. In 1985 a new subsection relating to assessments was added to the North Dakota Century Code (S. L. 1985, Ch. 98).
Other actions and legislative changes include nine new sections added in North Dakota Century Code relating to dairy industry licensing (S. L. 1979, Ch. 106); a referendum by dairy farmers concerning the conclusion of mandatory assessments; the name change of the commission from Dairy Products Promotion Commission to the Dairy Promotion Commission; and the promotion of the consumption of milk in North Dakota designating it as the official state beverage (S. L. 1983, Ch. 99, Ch. 548).
Legislation in 1989 defined a dairy animal as meaning any mammal maintained for the commercial production of milk to be offered for sale for use in the processing or manufacturing of milk or dairy products. Labels for milk and milk products needed to specify if the milk comes from an animal other than a cow (S. L. 1989, Ch. 87).
The North Dakota Dairy Promotion Commission is part of the Agricultural Commodity Council. At the request of the commissioner of agriculture, the legislature amended the Century Code so that the commissioner or designee became a non-voting member of the Council. Annually the Commissioner of Agriculture calls a meeting of representatives from each commodity to collaborate efforts to promote and market North Dakota agricultural commodities. Other commodity groups members are the Barley Council, Beef Commission, Beekeepers Association, Corn Utilization Council, Dry Bean Council, Dry Pea and Lentil Council, Oilseed Council, Potato Council, and the Soybean Council (S. L. 2009, Ch. 70, Ch. 80).
According to Century Code the North Dakota Dairy Promotion Commission is governed by voting members consisting of two producers appointed by the Governor from a list of nominees submitted by the Milk Producers Association of North Dakota, the Chairman of the North Dakota Division of the Midwest Dairy Association, and two individuals who are members of and elected by the North Dakota Division of the Midwest Dairy Association [NDCC 4.1-05-02]. The Dairy Promotion Commission duties as listed in the Century Code include determining the uses to which any moneys are raised and may be expended by the Commission. Uses may include the funding of research education programs and market development efforts, promoting the increased sale and consumption of dairy products, and participating in programs under the auspices of state, regional, national, and international dairy promotion groups [NDCC 4.1-05-07].
CHRONOLOGY
1959 Dairy Products Promotion Commission created (S .L. 1959, Ch. 93).
1963 Assessment increased to one half cent on each pound of butterfat produced and sold in North Dakota (S. L. 1963, Ch. 84).
1963 State Dairy Department established within the Department of Agriculture and Labor. A Dairy Ccommissioner appointed (S. L. 1963, Ch. 5).
1963 Dairy products relations provide for licensing, bonding, and regulation of dairy producing
processes and manufacturing in North Dakota (S. L. 1963, Ch. 87).
1965 The combination office of the Department of Agriculture and Labor was separated into two
departments (S. L. 1965, Ch. 236).
1967 Commissioner of Agriculture replaces the Commissioner of Agriculture and Labor on the Dairy Products Promotion Commission (S. L. 1967, Ch. 74).
1977 The Commission expanded to nine members. Assessment changed to one half of one
percent on gross receipts from all milk and milk products produced and sold (S. L. 1977,
Ch. 57).
1979 Nine new sections added in North Dakota Century Code relating to dairy industry
licensing (S. L. 1979, Ch. 106).
1981 The legislature required several agricultural commodity groups including the Dairy
Products Promotion Commission, Beef Commission, Sunflower Council, and Wheat Commission to share office space and administrative responsibilities (S. L.1981, Ch. 96). This was repealed in 2005 (S. L. 2005, Ch. 68).
1983 Name of Dairy Products Promotion Commission changed to Dairy Promotion Commission. Membership changed to four gubernatorial appointed members, four elected ex- officio members with same duties as appointed members, and two ex-officio non-voting members (S. L.1983, Ch. 99).
1983 Referendum among dairy farmers concerning conclusion of mandated assessments (S. L. 1983, Ch. 99).
1985 Assessment increased ten cents per hundred-weight. New subsection of North Dakota
Century Code relating to the assessment (S. L. 1985, Ch. 98).
1989 Commission membership includes two producers, one processor, four elected ex officio voting members, and two ex officio member (S. L. 1989, Ch. 86).
2009 Agriculture Commodity Group laws revised. The Commissioner of Agriculture or his
designee serves as a non-voting member. Agriculture Commissioner conducts yearly review of commodity boards (S. L. 2009, Ch. 70, Ch. 80). Legislation was repealed from the Code [NDCC 4-27] as it related to the North Dakota Dairy Promotion Commission and a new Code [NDCC 4.1-05] was assigned (S.L. 2009, Ch. 80).
2011 The Century Code amended [NDCC 4-24-09] relating to investments of the agricultural commodity funds as established by the State Treasurer [NDCC 21-10-07]. The Dairy Promotion Commission was included in this legislation (S.L. 2011, Ch. 61).
2017 Legislation created new chapters and sections of the Century Code revising the agricultural laws as they related to the Commissioner of Agriculture and the Dairy Promotion Commission Board. According to the Code [NDCC 4.1 - 01 – 12] the Commissioner of Agriculture participated, as a non-voting member, in any regular or special meeting of the Dairy Promotion Commission, including executive sessions. Legislation required the Commissioner of Agriculture to call an annual meeting of the representatives from the Dairy Promotion Commission to promote and market dairy commodities (S.L. 2017, Ch. 61). Legislation also addressed the Agricultural Commodity Assessment Funds an investment income allocation as established by the State Treasurer [NDCC 21-10-07]. Twenty percent of the investment income derived from Dairy Promotion Commission was credited to the general fund to pay for accounting, printing, data processing, legal, and other services, and eighty percent allotted to the Dairy Promotion Commission (S.L. 2017, Ch. 61). Legislation required the Dairy Promotion Commission to submit a report to the Standing Agriculture Committee of each House of the Legislative Assembly explaining in a summary the activities of the Commission during the current biennium and addressing the expected revenues and expenditures for the next biennium. A report to the State Auditor including a statement of revenues and expenditures for the previous two fiscal years was also required (S.L. 2017, Ch. 61).
SERIES
30849 Dairy Products Promotion Records
30853 General Ledger
SOURCES
Gray, David P. Guide to the North Dakota State Archives, 1985.
North Dakota Century Code.
North Dakota Secretary of State Blue Book.
North Dakota State Legislature Session Laws.
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