All Roll Calls
Yes: 220 • No: 10
North DakotaHB 15512025 Regular SessionHouseWALLET
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)
Became Law
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 3 costs, 2 mixed.
Unlawful acts, misbranding, and penalties
You may not distribute unregistered, misbranded, or adulterated products, or keep selling after a stop‑sale order. A product is misbranded if its label is false or misleading, uses another product’s name, or lacks required labeling. A product is adulterated if it has harmful substances, missing warnings, the wrong composition, or unwanted crop or noxious weed seed. Knowing violations are a class A misdemeanor, and civil fines can be up to $2,500 per violation. After a hearing, the commissioner may deny, suspend, revoke, or modify certifications. Acts by your officers or agents count as your acts.
Licenses and per-ton fees for distributors
Distributors must hold a license: $100 per location. Licenses run for two years, from July 1 to June 30 of even years. Each brand or grade must be registered for $50 per product; renewals after July 31 add $100 per product. Pay an inspection fee each year: $10 or $0.20 per ton, whichever is more. File net tons and fees by January 31; late adds $10 or 10%, whichever is more. Packages of 10 pounds or less and some manufacturer‑to‑distributor exchanges are exempt. Only the last licensed handler files, and records must be kept three years.
Inspections and stop-sale orders for products
The agriculture commissioner can enter distribution sites during business hours, inspect records and labels, and take official samples using approved methods, including AOAC methods. Registrants get at least 10 days’ notice before any analysis is reported to buyers. Deficient official samples are kept 30 days, and a portion is available to the registrant on request. The commissioner can issue a stop‑sale or stop‑use order for products sold in violation, which stays in place until the problem is fixed, disposal is allowed, or sale is reauthorized.
Clear labels and some soil exemptions
Labels must show the brand, net weight or volume in U.S. and metric units, the guarantor’s address, purpose, directions, and a "CONTAINS BENEFICIAL SUBSTANCES" ingredient list with percentages. Microbe claims must list genus and species, a count (like CFU), an expiration date, and storage needs. Bulk shipments must include the label info, and any pesticide or plant‑regulator claims require registration with EPA or the commissioner. Some soil materials (hay, peat, sand, perlite, vermiculite, gypsum, vermicompost) are exempt from the full composition statement. Compost, topsoil, mulch, potting mix, and similar products may use a simple ingredient list unless they make specific beneficial‑substance claims; the commissioner can exempt more. If an ingredient is not defined by AAPFCO, you must provide efficacy data.
Who is covered and agency rulemaking
This law defines who is covered, including beneficial substances, plant and soil amendments and inoculants, distributors, labels, and official samples. These definitions decide who must get licenses, register products, and follow labeling and inspection rules. The agriculture commissioner can make rules to carry out this chapter.
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
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
Filed with Secretary Of State 03/26
3/27/2025HouseSigned by Governor 03/25
3/26/2025HouseSent to Governor
3/24/2025HouseSigned by Speaker
3/24/2025HouseSigned by President
3/21/2025SenateSecond reading, passed, yeas 89 nays 4
3/18/2025HouseConcurred
3/18/2025HouseReturned to House (12)
3/14/2025HouseSecond reading, passed as amended, yeas 44 nays 2
3/13/2025SenateAmendment adopted, placed on calendar
3/12/2025SenateReported back amended, do pass, amendment placed on calendar 6 0 0
3/11/2025SenateCommittee Hearing 10:00
3/7/2025SenateIntroduced, first reading, referred Agriculture and Veterans Affairs Committee
2/20/2025SenateReceived from House
2/20/2025SenateSecond reading, passed, yeas 87 nays 4
2/19/2025HouseAmendment adopted, placed on calendar
2/18/2025HouseReported back amended, do pass, amendment placed on calendar 10 1 3
2/17/2025HouseCommittee Hearing 09:45
1/30/2025HouseIntroduced, 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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