Page:1933 North Dakota Session Laws.pdf/18



An Act defining unfair discrimination in the purchase of certain farm products, prohibiting such discrimination and providing a penalty therefor, and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. The following words, terms, and phrases shall, for the purpose of this Act, be given the meanings hereinafter subjoined to them.

§ 2. (a) The term "person" means an individual, firm, copartnership, corporation, or association.

(b) The term "farm products" as used in this Act shall mean and include butter, milk, cream, butterfat, cheese, and other dairy products, honey, eggs, and poultry.

§ 3. Any person engaged in the business of buying any such farm products for manufacture or sale thereof, who shall discriminate between different sections, localities, communities, cities, or villages of this state by purchasing any such farm products at a higher price or rate in one locality than is paid for such farm products of the same kind, quality, and grade by such person in another section, locality, community, city, or village, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is here by prohibited and declared to be unlawful. It shall not be unfair for any person to pay, in any section, locality, community, city, or village, a price equal to that actually paid on the same day by any bona fide competitor in such section or locality for farm products of the same kind and grade, provided such price is paid in a good faith effort to meet such competition, and the burden of proving such facts shall be upon the defendant.

§ 4. Proof that any person has paid a higher price for any such farm products in one section, locality, community, village, or city than in another, after due allowance for the cost of transportation has been made, shall be prima facie evidence of a violation of this Act.

§ 5. The Commissioner of Agriculture and Labor, and the Dairy Commissioner, their deputies, assistants, inspectors, agents, and employees, shall enforce the provisions of this Act and in so doing shall have all the powers conferred upon them and each of them by the provisions of law.