Section 4.1-26-23 - Processor's license - Distributor's license - Grounds for denialThe milk marketing board may deny an application for a processor's license or a distributor's license if the board determines that:
1. Persons currently licensed by the board in that capacity are supplying an adequate variety and quantity of high-quality milk products and frozen dairy products to retailers and consumers in this state;2. Deliveries are being made with sufficient regularity and frequency; and3. The issuance of additional licenses of the type sought will: a. Result in an excess of processing plant capacity;b. Tend to increase to unsatisfactory levels the average unit processing or average unit distribution costs for persons already licensed by the board; orc. Otherwise tend to prevent achievement of the objectives of this chapter.Added by S.L. 2015, ch. 72 (HB 1027),§ 1, eff. 7/1/2015.