N.D. Cent. Code § 4.1-26-23: Processor's license - Distributor's license - Grounds for denial

The 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; and

3.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; or

c.Otherwise tend to prevent achievement of the objectives of this chapter.