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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).    

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).

SERIES

30849 Commission Minutes
30850 American Dairy Association of North Dakota Records
30851 Biennial Reports.
30852 North Dakota Dairy Princess Files
30853 General Ledger
30854 Audit Reports
30855 Dairy Council Promotional Materials

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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