North Dakota Administrative Code

Sodium labeling must comply with 21 United States Code 343(q)(r). History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-41, 4.1-25-50

All frozen dessert labels must include: 1. Name of product. 2. Name of plant that processed the product. 3. Address of processor. 4. Size or volume of container. 5. Whether the product is naturally or artificially flavored. 6. List of ingredients in descending order. 7. Other per…

All butter coming into North Dakota must be from United States department of agriculture-listed plants. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-50 2

1. All grade A goat and sheep milk must be produced according to the pasteurized milk ordinance. 2. Processing goat and sheep milk must meet the United States department of agriculture's manufacturing rules if the milk is to be sold as manufacturing grade products. 3. All goat or…

Any person wanting to be a distributor of milk and milk products must be licensed by the commissioner. Before issuing a license, the commissioner must inspect the applicant's facilities and equipment. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Imple…

A distributor may distribute grade A milk and milk products produced out of state, provided they are produced by a facility approved and listed as an interstate milk shipper by the interstate milk shippers association. History: Effective October 1, 2009; amended effective April 1…

A distributor must comply with the pasteurized milk ordinance. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-02, 4.1-25-50 1

The following terms as used in this chapter, except where the context otherwise requires, shall include both the singular and the plural and shall be construed to mean: 1. "Black stem rust" means the disease caused by the organism puccinia graminis pers. 2. "Certificate" means a …

The entire state is the regulated area. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-04

No person shall move into or within this state any of the following regulated articles except in accordance with conditions prescribed in this chapter: 1. Black stem rust (puccinia graminis pers) spores in any living stage. 2. All plants, seeds, fruits, and other parts of plants …

The following regulated articles may be moved into and within the state if all of the applicable conditions as specified in this section have been fulfilled and if certificates or permits have been issued: 1. Rust-resistant berberis, mahoberberis and mahonia plants. a. Seedlings …

1. Certificates may be issued for any regulated articles by the commissioner if the commissioner determines that they are eligible for certification for movement to any destination under all state plant quarantines applicable to such articles and upon examination they have been f…

1. Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles. Compliance agreement forms may be obtained from the commissioner. 2. Any compliance agreement may be cancele…

Persons, other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, who desire to move intrastate regulated articles which must be accompanied by a certificate or permit shall as far in advance as possible reques…

1. If a certificate or permit is required for the intrastate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that where the certificate or permit is attached to the waybi…

The commissioner is authorized to stop, inspect, seize, destroy, or otherwise dispose of, or require disposal of regulated articles in such manner as the commissioner deems necessary. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-05

The department of agriculture disclaims liability for any costs incidental to inspections or compliance with provisions of this chapter, other than for the services of the commissioner. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-05 4…

Repealed effective July 1, 2019.

Repealed effective January 1, 1988.

The nursery license must be posted conspicuously in each place of business. A person offering nursery stock for sale from a vehicle shall have the license in that vehicle. History: Amended effective January 1, 1988. General Authority: NDCC 4.1-22-02 Law Implemented: NDCC 4.1-22-0…

1. No person may sell or offer for sale any nursery stock which is not securely labeled in accordance with the "International Code of Nomenclature for Cultivated Plants" with the complete correct botanical or approved recognized common name as recognized by the latest edition of …

All nursery stock offered for sale must be stored and displayed as follows: 1. Roots of balled and burlapped stock must be kept moist at all times and should be kept in sawdust, shingle tow, peat, sphagnum moss, or other nonphytotoxic moisture-holding material of sufficient depth…

All nursery stock offered for sale must meet these minimum standards of viability or be removed from public view and not offered for sale. 1. Woody-stemmed deciduous stock must have moist, green cambium tissue in the stems and branches and must have viable buds or normal green, u…

The following plant species are exempt from all provisions of North Dakota Century Code chapter 4.1-22: 1. All clematis species. 2. All rosa species. 3. All yucca species. 4. Soil conservation districts are exempt from the requirements if the districts abide by the following: a. …

Repealed effective January 1, 1988.

1. An inspection certificate will not be issued for any deciduous nursery stock unless the stock has been inspected during active growth. 2. Persons growing Christmas trees and persons with overgrown trees or shrubs that will no longer be sold as nursery stock may be required to …

A person with more than one place of business must operate all of the locations as one business to qualify for the ten dollar fee for additional licenses. The name and address of the principal place of 3 business must be the same on all licenses issued to the person. The address …

1. Each application for an initial license or annual renewal must set forth the applicant's business name, phone number, the name of the manager or owner, the principal location where nursery stock will be sold, the address or location of additional sales locations, the mailing a…

1. "Commissioner" means the commissioner of agriculture. 2. "Cultivated ginseng" means ginseng dry root, live root, tissue culture, or seed propagated in this state. 3. "Dealer" means a person that buys cultivated ginseng for the purpose of resale. The term does not include a per…

1. A person that desires to act as a grower or a dealer shall register with the commissioner on a form provided by the commissioner. A person that acts as a dealer and a grower shall register as both. 2. Each dealer shall pay an annual license fee of fifty dollars. Each grower sh…

1. Any grower that harvests ginseng shall report the harvest to the commissioner, as required by United States fish and wildlife service. 2. All ginseng roots intended for sale must be certified by the commissioner on report forms. Certification must include inspection of roots t…

Each dealer or grower shall make all records, including records that are located outside of this state, required to be kept under this chapter available for inspection or copying by the commissioner upon the commissioner's request. History: Effective July 1, 2019. General Authori…

The commissioner may deny, suspend, or revoke the registration of any dealer or grower and may invalidate shipment certificates completed by the dealer or grower, if the commissioner finds that the dealer or grower has violated this chapter. The commissioner, without prior notice…

1. "Ash" means all species of the genus fraxinus. 2. "Certificate" means a document issued or authorized by the commissioner indicating a regulated article is not contaminated with a pest. 3. "Commissioner" means the agriculture commissioner or the designee or the authorized repr…

Regulated articles are as follows: 1. The emerald ash borer, agrilus planipennis fairmaire, in any stage of development. 2. Firewood of all nonconiferous (hardwood) species. 3. Entire ash trees. 4. Untreated (with bark and sapwood) ash limbs, branches, logs, stumps, and roots cap…

The commissioner shall maintain an updated list or map of regulated areas on the department website. History: Effective July 1, 2020. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-04

articles. Regulated materials may not be moved from a regulated area to a nonregulated area except under the following conditions: 1. Ash nursery stock movement is prohibited with no exceptions. 2. Other regulated articles must be treated or subjected to special handling under a …

Any person violating these regulations may be subject to penalties in accordance with North Dakota Century Code section 4.1-23-08. History: Effective July 1, 2020. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-08

Exceptions may be made at the discretion of the commissioner. 2 History: Effective July 1, 2020. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-04 3

1. "Moss ball" means the aquatic plant known as aegagropila linnaei or other common names. 2. "Zebra mussel" means an aquatic invasive invertebrate plant pest known as dressissena polymorpha. History: Effective January 1, 2022. General Authority: NDCC 4.1-23-02 Law Implemented: N…

Regulated articles are as follows: 1. The aquatic plant known as aegagropila linnaei ("moss ball"). 2. Any other aquatic species found to be infested with desissena polymorpha ("zebra mussel"). History: Effective January 1, 2022. General Authority: NDCC 4.1-23-02 Law Implemented:…

The regulated quarantined area includes all states, districts, and territories of the United States. History: Effective January 1, 2022. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-04

articles. Regulated articles may not be transported into the state or moved within the state unless accompanied by a current certificate of inspection issued by the United States department of agriculture - animal plant health inspection service, the department of agriculture in …

Any person violating these regulations is subject to penalties in accordance with North Dakota Century Code chapter 4.1-23-08. 1 History: Effective January 1, 2022. General Authority: NDCC 4.1-23-02 Law Implemented: NDCC 4.1-23-04 2…

These rules provide terms, conditions, and procedures for the administration by the commissioner of agriculture of the waterbank program as enacted by the forty-seventh legislative assembly in 1981 and codified in North Dakota Century Code chapter 61-31. History: Effective August…

In this chapter, unless the context or subject matter otherwise provides: 1. "Adequate fence" means legal fence as defined in North Dakota Century Code section 47-26-01. 2. "Adjacent lands" means lands bordering the wetland or within one-fourth mile of the wetland. 3. "Commission…

1 Repealed effective October 1, 1993.

1. Applications for the program may be submitted to any representatives of the state assessment team or their agencies to be reviewed and submitted to the commissioner. 2. The state assessment team shall submit recommendations to the commissioner who will make the final determina…

Repealed effective October 1, 1993.

If all eligible applicants having the same assessment rating cannot be included in the program, the priority will be based on earliest date of application. History: Effective August 1, 1987; amended effective February 1, 1988. General Authority: NDCC 61-31-01 Law Implemented: NDC…