North DakotaHB 15512025 Regular SessionHouse

AN ACT to create and enact a new chapter to title 4.1 of the North Dakota Century Code, relating to regulation of biostimulants and beneficial substances; and to provide a penalty.

Sponsored By: Craig Headland (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 2 costs, 3 mixed.

Simpler rules for soil amendment sellers

Clearly labeled hay, straw, peat, leaf mold, sand, perlite, vermiculite, gypsum, and vermicompost are exempt from the chapter’s soil-amendment requirements. Clearly labeled compost, garden soil, landscaping soil or topsoil, mulch or wood products, planting mix, potting mix, and soilless growing media can use an ingredient list instead of a full composition statement. That simpler label option does not apply when a product makes specific beneficial-substance claims. The agriculture commissioner can exempt additional soil amendments and other products.

Annual inspection fees for product distributors

For each covered beneficial substance, distributors pay the greater of $10 or $0.20 per ton distributed in North Dakota. Manufacturer-distributor product exchanges and products sold exclusively in packages of 10 pounds (4.54 kilograms) or less are exempt. The last licensed handler of a lot must report prior-year net tons and pay by January 31. Distributors must keep purchase and sales records for three years; reporting or payment failures can bring a penalty of $10 or 10% of the amount due, whichever is greater. License, registration, and inspection fees go to the Environment and Rangeland Protection Fund.

New fees for plant product sellers

Before distribution, covered sellers need a $100 license for each North Dakota location or mobile mechanical unit; licenses are nontransferable and must be posted. Each covered brand also needs registration before sale or distribution, with a current label and a $50 fee per product. Licenses and registrations last two years, running from July 1 through June 30 of even-numbered years. Renewals received after July 31 bring an extra $100 per location for licenses or per product for registrations. Distributors need no separate product registration when another person has registered it and their label complies with that registration.

Clearer labels for plant product buyers

North Dakota requires readable labels on covered beneficial substances—products that help plants, soil, or growing media, excluding nutrients and pesticides. Labels must show the product name, customary and metric net weight or volume, responsible parties’ names and addresses, purpose, and directions. A statement headed “CONTAINS BENEFICIAL SUBSTANCES” must list each substance and percentage, plus sources, microorganism species, and viability measures where applicable. Microbial products need expiration dates and storage instructions; ingredients not defined by the American Association of Plant Food Control Officials need supporting efficacy data. Bulk sellers must give buyers this information at delivery.

Inspections and penalties for product sellers

The agriculture commissioner can inspect products, labels, and records during operating hours with notice, and sample and test products. The commissioner can reject incomplete applications, cancel registrations, and stop sales or use for violations; release requires written authorization. Violations can bring civil penalties up to $2,500 each; knowing violations are Class A misdemeanors, and certification can be denied, suspended, revoked, or changed after a hearing. Registrants can request hearings for specified registration cancellations or nonrenewals and must receive enforcement-related analyses at least 10 days before buyers do. Deficient official samples must be kept for 30 days after the report, with portions available to registrants in enforcement actions.

Safer plant products, stricter seller duties

Sellers cannot distribute covered products that are unregistered, unless exempt, or products that are mislabeled or adulterated. The law bars false labels, use of another product’s name, harmful contents, inadequate warnings, composition that differs from label claims, and unwanted crop or noxious weed seeds. Products whose only function is as pesticides cannot be marketed as beneficial substances. Sellers must provide requested analyses, disclose sources of potentially harmful components, obey stop-sale orders, and not obstruct the commissioner.

Sponsors & Cosponsors

Sponsor

  • Craig Headland

    Republican • House

Cosponsors

  • Mike Beltz

    Republican • House

  • Mike Brandenburg

    Republican • House

  • Dawson Holle

    Republican • House

  • Claire Cory

    Republican • Senate

  • Robert Erbele

    Republican • Senate

  • Terry M. Wanzek

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 220 • No: 10

House vote • 3/18/2025

Second reading, passed, yeas 89 nays 4

Yes: 89 • No: 4

Senate vote • 3/13/2025

Second reading, passed as amended, yeas 44 nays 2

Yes: 44 • No: 2

House vote • 2/19/2025

Second reading, passed, yeas 87 nays 4

Yes: 87 • No: 4

Actions Timeline

  1. Filed with Secretary Of State 03/26

    3/27/2025House
  2. Signed by Governor 03/25

    3/26/2025House
  3. Sent to Governor

    3/24/2025House
  4. Signed by Speaker

    3/24/2025House
  5. Signed by President

    3/21/2025Senate
  6. Second reading, passed, yeas 89 nays 4

    3/18/2025House
  7. Concurred

    3/18/2025House
  8. Returned to House (12)

    3/14/2025House
  9. Second reading, passed as amended, yeas 44 nays 2

    3/13/2025Senate
  10. Amendment adopted, placed on calendar

    3/12/2025Senate
  11. Reported back amended, do pass, amendment placed on calendar 6 0 0

    3/11/2025Senate
  12. Committee Hearing 10:00

    3/7/2025Senate
  13. Introduced, first reading, referred Agriculture and Veterans Affairs Committee

    2/20/2025Senate
  14. Received from House

    2/20/2025Senate
  15. Second reading, passed, yeas 87 nays 4

    2/19/2025House
  16. Amendment adopted, placed on calendar

    2/18/2025House
  17. Reported back amended, do pass, amendment placed on calendar 10 1 3

    2/17/2025House
  18. Committee Hearing 09:45

    1/30/2025House
  19. Introduced, first reading, referred Agriculture Committee

    1/20/2025House

Bill Text

  • Adopted by the Senate Agriculture and Veterans Affairs Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with Senate Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Beltz

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