2-3949. Terms, defined.
343 words·~2 min read·
/ne/chapter-2/2-3949A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of the Dairy Industry Development Act:
(1)Board shall mean the Nebraska Dairy Industry Development Board;
(2)Commercial use shall mean sale for retail consumption or sale for resale, for manufacture for resale, or for processing for resale;
(3)First purchaser of milk shall mean a person who buys milk from a producer and resells to another person the milk or products manufactured or processed from the milk;
(4)Milk shall mean any class of cow's milk produced in the State of Nebraska;
(5)Milk production unit shall mean any producer licensed by the Department of Agriculture;
(6)Producer shall mean any person engaged in the production of milk for commercial use;
(7)Producer-processor shall mean a producer who processes and markets the producer's own milk; and
(8)Qualified program shall mean any state or regional dairy product promotion, research, or nutrition education program which is certified pursuant to 7 C.F.R. 1150.153, as amended. Such program shall:
(a)Conduct activities as defined in 7 C.F.R. 1150.114, 1150.115, and 1150.116 intended to increase consumption of milk and dairy products generally;
(b)except for programs operated under the laws of the United States or any state, have been active and ongoing before November 29, 1983;
(c)be financed primarily by producers, either individually or through cooperative associations;
(d)not use any private brand or trade name in advertising and promotion of dairy products unless the National Dairy Promotion and Research Board established pursuant to 7 C.F.R. 1150.131 and the United States Secretary of Agriculture concur that such requirement should not apply;
(e)certify to the United States Secretary of Agriculture that any request from a producer for a refund under the program will be honored by forwarding that portion of such refund equal to the amount of credit that otherwise would be applicable to the program pursuant to 7 C.F.R. 1150.152(c) to either the National Dairy Promotion and Research Board or a qualified program designated by the producer; and
(f)not use program funds for the purpose of influencing governmental policy or action.