Section 51-03-02-12.2 - Minimum dock pickup provisions - Market area 1Market area 1 will have a minimum dock pickup price list as determined by subsection 11 of twelve percent or twenty-three percent off the respective market areas minimum established wholesale price list (except cultured products) less an additional two percent prompt payment. Prices will change as per section 51-03-02-06. The following stipulations apply to receive this dock price:
1. "Dock" means dock at the plant of a processor where milk products are actually processed and packaged. 2. Hauling of milk products must be done with refrigerated truck equipment that is contracted with a third party or is owned and operated or a lease purchase option that is operated by the same corporation or owner that owns the retail outlet. Refrigerated truck equipment, whether owned or contracted, must comply with regulations defined by federal and North Dakota state agencies. 3. This program will be available to any single retail place of business and no combination orders by multiple retail places of business shall be permitted. 4. On all charge sales by retailer not paid for within fourteen days from statement date, processor will charge retailer the difference between dock pickup price and wholesale price. 5. All orders must be preordered by retailers prior to dock pickup. 6. No in-store service, i.e., cleaning cases, stamping products, etc., shall be provided by processors. 7. Processor personnel for store resets will be limited to dairy case setting only. 8. No returns on merchandise shall be made by processors, except when product isfound to be damaged or defective at time of dock pickup. 9. Delivery of product by processor due to incorrect ordering by customer or special orders shall be charged at wholesale price less appropriate volume discount. 10. All contracts between processors and retailers under this program shall: a. Require delivery at destination being the retailer's place of business; b. Provide that title to said milk products shall pass from the seller (processor) to the buyer (retailer) upon delivery at the buyer's place of business; and c. Provide that the place where the sale of said milk products occurs shall be at the retailer's place of business. 11. Each retail place of business must make a minimum order of twenty-seven to forty-four full cases to each processor to qualify for the twelve percent discount dock pickup program or a minimum of forty-five full cases to each processor to qualify for the twenty-three percent discount dock pickup program. Deliveries of less than twenty-seven full cases to a retailer's place of business may only be made by a licensed distributor. 12. Retailer must pay contract or third-party hauler direct. 13. Direct billing of product will be completed by the processor and all qualified discounts will be paid by the processors. N.D. Admin Code 51-03-02-12.2
Effective September 1, 1996; amended August 31, 1998; July 1, 2000.General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07