North Dakota Administrative Code

Repealed effective October 1, 1993.

If the governor or the United States department of agriculture declares a drought emergency, the grass cover on lands included in the program may be released to a qualified participant for haying or grazing with the authorization of and under the terms prescribed by the commissio…

1. It is a violation of the waterbank agreement if the participant does not fulfill each and every term of the waterbank agreement established between the participant and the commissioner, including the management guidelines adopted by the state assessment team which are incorpor…

In keeping with the policy of the North Dakota department of agriculture to expand, improve, and develop markets for North Dakota products by promoting their use and sale and pursuant to house concurrent resolution and appropriation by the 1985 legislative assembly, it is the pur…

All terms have the same meaning as in North Dakota Century Code title 4.1 unless otherwise specified. 1. "Business" means any individual, partnership, cooperative association, corporation, business trust, or unincorporated organization or other business with a permanent place of …

1. Producers. Any North Dakota producer may apply to use the logo on any agriculture product to be used in its original form or on any agriculture product intended to be processed or manufactured, if the agriculture product is produced on a farm or other production unit located c…

1. Any eligible producer, processor, manufacturer, business, trade association, commodity group, education institutional, or nonprofit organization located completely or in part within North Dakota may apply to use the logo. 2. All applicants must be registered and in good standi…

1. An eligible producer, processor, manufacturer, nonprofit organization, or business will pay an annual fee for the use of the logo at a rate to be determined by the department. This fee will be no less than fifty dollars and no greater than one thousand dollars. 2. An eligible …

1. Authorization from the department to use the logo depends upon approval of an application by the commissioner and extends through December thirty-first of that year. Renewal applications are due January first every year. 2. Authorized users will receive a certificate of author…

1. The department shall notify authorized users of the logo of the January first renewal date six weeks prior to the expiration of their authorization to use the logo. 3 2. Authorization to use the logo may be renewed if reapplication, including any changes in information provide…

Repealed effective July 1, 2020.

Improper use of the logo includes: 1. Use on products not created, produced, processed, or manufactured in whole or in part within the boundaries of North Dakota; 2. Allowing the use of the logo by another person who is not an authorized user. Authorization to use the logo is non…

1. Investigation and revocation. If the commissioner has reason to believe there is improper use of the logo, the commissioner may investigate the use to determine whether improper use has occurred. After investigation, the commissioner may revoke authorization or refuse to grant…

Use of the logo does not represent a warranty by the department of any kind, expressed or implied, about the quality of the product on which the logo appears. Authorized use of the logo means only that the product has been approved to use the logo as a product that was created, p…

Compliance with the rules of this chapter does not exempt any business producer, processor, or manufacturer from complying with other applicable statues and rules relating to any product, including the labeling requirements of any product. History: Effective May 1, 1988. General …

1. "Antisiphon device" means any equipment effectively designed and constructed to prevent the backflow of an injected chemical into any water supply. 2. "Check valve" means a device effectively designed and constructed to provide positive closure which effectively prohibits the …

Chemigation may take place in North Dakota, as permitted in statute and rule, only when one of the antisiphon devices of section 7-10-02-02 are installed in an irrigation system. History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law Implemented: NDCC 4.1-35-02…

One of the following antisiphon devices must be installed as required in this section before chemigation in an irrigation system may take place. 1. Check valve with vacuum relief and low pressure drain. A corrosion-resistant check valve must be located between the water supply pu…

An inspection port of at least four inches [101.6 millimeters] in diameter must be provided to check for malfunctioning of all antisiphon devices. The inspection port can be combined with a mounting of vacuum relief. If an airgap is used, as required by subsection 4 of section 7-…

The chemical injection port into the irrigation line must be located downstream of the antisiphon device. History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law Implemented: NDCC 4.1-35-02, 4.1-35-03

A spring loaded, chemically resistant check valve having a minimum opening pressure of ten pounds per square inch [69 kilopascals] must be located at the injection port of the irrigation system. History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law Implemented…

A functional pressure switch must be in the irrigation line. The device must shut down the injection pump in the event flow is lost in the irrigation line. History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law Implemented: NDCC 4.1-35-02, 4.1-35-03

The irrigation pumping plant and chemical injection units must have a functional interlocking mechanism that will ensure that, in the event of irrigation pump shutdown, the injection units will shut down. 2 History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law…

The chemical injection pump must be effectively designed and constructed of materials that are compatible with the chemicals being injected into the irrigation system. The pump must be effectively designed and constructed to prevent any leakage. The pump must have a means of bein…

The operator of the system will be responsible for keeping the system in good operating condition, including determining that the chemigation and safety equipment is operating properly before injecting chemical into the irrigation system. History: Effective October 1, 1988. Gener…

The operator of the irrigation system is responsible for the proper calibration of the system prior to starting the injection of chemical into the irrigation system. History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law Implemented: NDCC 4.1-35-02, 4.1-35-03

1. The operator of the system is responsible for following all chemical product label requirements. 2. All bulk pesticides used in chemigation, whether in concentrated or diluted form, must be clearly labeled with their identity and directions for use. History: Effective October …

Posting of warning signs as specified on the label of the chemical product being used at the time of application is required. The operator of the irrigation system is responsible for such posting. History: Effective October 1, 1988. General Authority: NDCC 4.1-35-03 Law Implement…

1. "Check" means any crack in the exterior shell of an egg. Sometimes called cracked eggs. 2. "Department" means the department of agriculture. 3. "Destination" means the point other than the place of origin where eggs are offered for sale. 4. "Dirties" means eggs that have an un…

Application for licenses must be made on forms provided by the commissioner of agriculture. Every person who wants access to commercial egg markets, engaged in the business of producing eggs shall first apply to and obtain from the department of agriculture an egg dealer's licens…

1. Farm flock egg handling requirements. The farm flock egg handling requirements for egg production is a voluntary program. 2. Temperature. All eggs held or offered for sale must be stored in refrigerated compartments. The temperature cannot exceed forty-five degrees Fahrenheit …

All eggs being offered for sale must be candled. The equipment must be of a design allowed by the department of agriculture. Hand candling is permissible. History: Effective January 1, 1993. General Authority: NDCC 4.1-19-06 Law Implemented: NDCC 4.1-19-06

Eggs being stored before sale must be kept in an area away from objectionable odors. The storage area must be capable of maintaining a temperature of between thirty-three and forty-five degrees Fahrenheit [.55 and 7.22 degrees Celsius]. Egg packing materials must be cleaned and w…

Eggs must be washed manually or with the aid of automatic cleaning equipment. After washing the egg, it must be treated with a sanitizing solution and allowed to dry before packing. Clean potable water must be used in the egg-cleaning and sanitizing process. If manually washing e…

1. Farms selling eggs to retailers or other business establishments need an annual water sample, if supplied by well water. Well water test results must be tested by the egg dealer and the results submitted to the commissioner of agriculture. 2. New egg dealers must be inspected …

1. North Dakota consumer Grade AA at origin. Grade AA eggs at origin must consist of eggs which are at least eighty-seven percent AA quality. The thirteen percent below AA quality may be in any combination of A or B quality. Not more than five percent checks are permitted. Not mo…

1. The American national standard safety requirements for the storage and handling of anhydrous ammonia ANSI/CGA G-2.1-2014 is hereby adopted; except section 5.7.10. 2. The 2017 edition of the American society of mechanical engineers boiler and pressure vessel code, section II; s…

The following definitions are in addition to those thirty-four definitions listed in ANSI/CGA G-2.1- 2014, section 2. 1 1. "Accident or incident" means an event involving nurse tanks or storage containers and their appurtenances which results in damage to pressure vessels or thei…

1. The administration and enforcement of North Dakota Century Code chapter 4.1-37 and this chapter is the responsibility of the agriculture commissioner. 2. The agriculture commissioner shall conduct initial and periodic inspection of anhydrous ammonia storage facilities to verif…

1. Frequency of inspection. Existing anhydrous ammonia storage facilities must be inspected once every five years by the agriculture commissioner. New anhydrous ammonia storage 3 facilities must be inspected by the agriculture commissioner prior to any license being issued, and a…

1. Facility siting requirements: a. The siting of the facility must comply with North Dakota Century Code section 4.1-37-05 and this compliance must be verified by the agriculture commissioner. b. The facility must be properly licensed by the board of county commissioners in whic…

1. The ASME manufacturer's data report must be provided, if requested by the agriculture commissioner, should repairs or alterations become necessary. 2. The container must be ASME constructed, if installed after November 1, 1987. 8 3. The container must be national board registe…

1. Any person handling, transferring, transporting, or otherwise working with anhydrous ammonia at anhydrous ammonia storage facilities must be competent in safe operating practices and be able to take appropriate actions when faced with minor leaks as well as with emergency cond…

container into a nurse tank. 1. Cargo tanks used as mobile storage containers must have current United States department of transportation certification and container labeling and proof of such certification must be furnished to the agriculture commissioner initially and within t…

The requirements of this chapter apply only to agricultural anhydrous ammonia facilities. History: Effective April 1, 2013. General Authority: NDCC 4.1-37-01 Law Implemented: NDCC 4.1-37-01

The provisions of 40 CFR part 68 as they existed on January 17, 2025, are incorporated by reference into this chapter, with the following exceptions: 1. Where the term "stationary source" appears in 40 CFR part 68, for the purposes of this chapter only reference the term "agricul…

The definitions in 40 CFR part 68 apply to this chapter. The following additional definitions also apply: 1. "Agricultural anhydrous ammonia facility" means any facility that has at least ten thousand pounds [4535 kilograms] of storage capacity and stores anhydrous ammonia intend…