North Dakota Administrative Code

The terms used throughout this article have the same meaning as in title 9, Code of Federal Regulations, parts 301 and 381, unless already defined in North Dakota Century Code section 4.1-31-01, in which case the North Dakota Century Code definitions shall govern. In addition, as…

In addition to the access requirements under North Dakota Century Code section 4.1-31-03, the commissioner and any authorized representative shall have access to establishments where carcasses are stored or processed or where animals are slaughtered. History: Effective August 1, …

Any slaughtering establishment, meat processing establishment, or custom-exempt plant that is required to be inspected pursuant to North Dakota Century Code chapter 4.1-31 to operate under this chapter must register annually with the department of agriculture on forms approved by…

Registration for slaughter establishments, processing establishments, and custom-exempt plants is valid for one year. All registrations will expire annually on June thirtieth. Each registered establishment will be assigned a number that may not be transferred from one person or e…

Any slaughtering establishment, meat processing establishment, or custom-exempt plant that is required to be inspected pursuant to North Dakota Century Code chapter 4.1-31 to operate under this chapter must prepare and maintain those records required under title 9, Code of Federa…

The composition of any meat or meat food product; whether or not in naturally occurring, processed, or composite and processed form; which is prepared, stored, handled, sold, or offered for sale in any establishment must comply with the definitions and standards of identity for s…

Any meat or meat food product offered for sale or barter must bear an appropriate label as provided in title 9, Code of Federal Regulations, parts 317 and 381. History: Effective August 1, 2000; amended effective January 1, 2004. General Authority: NDCC 4.1-31-04 Law Implemented:…

All formulas, labels, and labeling information used in the labeling of meat or meat food products in registered establishments must be submitted to the department for review prior to use. The department may seize and destroy all unauthorized labels. History: Effective August 1, 2…

A person may not offer for sale or barter any meat or meat food product that is not properly marked or labeled as provided by title 9, Code of Federal Regulations, parts 312, 316, 317, and 381. History: Effective August 1, 2000; amended effective January 1, 2004. General Authorit…

The official mark used by state inspectors will be as prescribed in title 9, Code of Federal Regulations, parts 312, 316, and 381.96, except that the letters "U.S." shall be replaced with the words "North Dakota", unless federal law is changed requiring that such product be stamp…

All custom-exempt plants are required to mark all custom-exempt meat and meat food products, other than poultry, with the words "NOT FOR SALE", stamped in block letters. The letters must be at least three-eighths of one inch [0.95 centimeter] in height. Custom slaughtered poultry…

A person or slaughtering establishment, meat processing establishment, or custom-exempt plant that is required to be inspected pursuant to North Dakota Century Code chapter 4.1-31 to operate under this chapter may not offer for sale or for barter any noninspected carcasses or par…

Animals slaughtered on the farm, or game animals, may be processed at facilities under the same provisions as custom slaughtering or processing, provided that such animal carcasses are clean and wholesome and are handled, stored, and prepared so as to prevent the contamination of…

A person or facility may not conduct custom slaughtering, custom processing, or custom-exempt operations unless such operations are conducted in accordance with the sanitary requirements under title 9, Code of Federal Regulations, parts 303 and 381. History: Effective August 1, 2…

For the purpose of preventing the entry into or movement in intrastate commerce of any meat or meat food product that is adulterated and is capable of use as human food, the commissioner shall cause antemortem inspection to be made of all cattle, swine, sheep, goats, farmed cervi…

The commissioner shall cause post-mortem inspections to be made on all carcasses and parts thereof of cattle, swine, sheep, goats, farmed cervidae, llama, horses, equines, other large domesticated animal, and poultry usable as human food prepared at a slaughtering, meat canning, …

Establishments that slaughter cattle, sheep, goats, equines, swine, or poultry shall collect and test samples as required in title 9, Code of Federal Regulations, parts 310 and 381. History: Effective August 1, 2000; amended effective January 1, 2004. General Authority: NDCC 4.1-…

All animal carcasses or parts thereof, meat, and meat food products found by an inspector to be adulterated in any establishment must be condemned and must be destroyed for human food purposes under the supervision of an inspector and in a manner prescribed by the commissioner. B…

Any animal determined to be dead, dying, disabled, or diseased must be handled in accordance with title 9, Code of Federal Regulations, parts 309 and 381. History: Effective August 1, 2000; amended effective January 1, 2004. General Authority: NDCC 4.1-31-17 Law Implemented: NDCC…

To prevent the inhumane slaughter of animals, the commissioner shall cause to be made an examination and inspection of the method by which animals are slaughtered and handled in the slaughtering establishments inspected under North Dakota Century Code chapter 4.1-31. The commissi…

The slaughter of horses, mules, and other equines and the preparation and handling of the products thereof must be conducted in establishments separate from those used for the slaughter and preparation of other animals. All carcasses, parts, meat, meat food products, or other pro…

Establishments shall designate to the department regular inspection days and hours for requested inspection services, subject to department approval. Establishments doing custom slaughter or custom processing shall do so only on designated hours or days apart from the regular ins…

Except for overtime hours, inspection fees for providing meat inspection services will not be charged to a person or establishment requiring those services. Overtime incurred by the department for providing meat inspection services requested by a person or establishment will be c…

New establishment construction plans or alterations to an existing establishment must be submitted to the department for review prior to construction. Plans must contain sufficient detail for the department to review all additions or modifications to slaughtering or processing ar…

After the first inspection, inspectors, if they consider it necessary, shall reinspect the animal carcasses, meat, meat byproducts, meat food products, or parts thereof to determine whether such carcasses, meat, meat byproducts, meat food products, or parts have become adulterate…

A person or any slaughtering establishment, meat processing establishment, or custom-exempt plant may not misbrand or adulterate any meat, meat byproduct, or meat food product or misrepresent the products to its customers. History: Effective August 1, 2000. General Authority: NDC…

For the purpose of enforcing North Dakota Century Code section 4.1-31-19, an offense determined by the commissioner to have a direct bearing on the person's ability to serve the public in a business requiring inspection under North Dakota Century Code chapter 4.1-31 includes any …

The commissioner shall take regulatory control, withholding, or suspension action when necessary, in accordance with the provisions of title 9, Code of Federal Regulations, part 500, except that any complaint or hearing when allowed or required under such action will be conducted…

If an authorized representative of the commissioner believes that a violation of North Dakota Century Code chapter 4.1-31 or these rules has occurred, the representative shall immediately report the violation to the commissioner. The commissioner may refer the matter to the appro…

A fertilizer must be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall index value of the fertilizer is below 98 percent. Available Phosphate Nitrogen (N) (P2O5) Sol. Potash (K2O)…

Micronutrients shall be deemed deficient if the analysis of any element is below the guarantee by an amount exceeding the values calculated according to the following schedule: Element Investigational Allowance Calcium 0.2 unit + 5% of guarantee Magnesium 0.2 unit + 5% of guarant…

Micronutrients mentioned in any form or manner must be registered and guaranteed. Guarantees must be made on the elemental basis; however, the source of the micronutrient must be specified. For example, a micronutrient that is a mixture of EDTA and citric acid bound micronutrient…

A warning or caution statement may be required for any product that contains a micronutrient in water soluble form when there is evidence that the micronutrient in excess of a certain percentage or concentration may be harmful to certain crops or human health, or where there are …

1. The names and definitions for commercial feeds are the official definition of feed ingredients adopted by the association of American feed control officials except as otherwise designated by the agriculture commissioner in specific cases. 2. The terms used in reference to comm…

Label information as required in North Dakota Century Code section 4.1-41-06 is to be placed as follows: 1. The information required in subsections 1 and 2 of North Dakota Century Code section 4.1-41-06 and a purpose statement must appear in its entirety on the principal display …

Commercial feed, other than customer-formula feed, must be labeled with the information prescribed by North Dakota Century Code section 4.1-41-06. 1. Product name and brand name if any: a. The brand or product name must be appropriate for the intended use of the feed and must not…

1. Required guarantees for swine formula feeds. a. Animal classes. (1) Prestarter - Two to eleven pounds [0.91 to 4.99 kilograms]. (2) Starter - Eleven to forty-four pounds [4.99 to 19.96 kilograms]. (3) Grower - Forty-four to one hundred ten pounds [19.96 to 49.90 kilograms]. (4…

1. The guarantees for crude protein, equivalent crude protein from nonprotein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and other fiber indicators shall be in terms of percentage. 2. Mineral guarantees. a. When the calcium, salt, and sodium guarante…

1. A commercial feed, other than a customer-formula feed, must be nutritionally suitable for its intended purpose as represented by its labeling. 2. If the commissioner has reasonable cause to believe a commercial feed is not nutritionally suitable, the commissioner may request t…

1. The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, must be the name as defined in the official definitions of feed ingredients as published in the official publication of the association of American feed control official…

1. Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives must: a. Be adequate to enable safe and effective use for the intended purposes by users with no …

Urea and other nonprotein nitrogen products defined in the official publication of the association of American feed control officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains …

1. Prior to approval of either a registration application or approval of a label for commercial feed which contains additives, or both, the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions…

1. For the purpose of subsection 1 of North Dakota Century Code section 4.1-41-11, the terms "poisonous or harmful substance" include: a. Fluorine and any mineral or mineral mixture that is to be used directly for the feeding of domestic animals and in which the fluorine exceeds:…

As used in this article, unless the context requires otherwise, means: 1. "AAFCO" means the association of American feed control officials. 2. "All life stages" means gestation/lactation, growth, and adult maintenance life stages for dogs, cats, and other mammals (including breed…

1. Pet food and specialty pet food must be labeled with the following information: a. Product name and brand name, if any, on the principal display panel; b. A statement specifying the intended use of the product as specified in chapter 7-17-12; c. Quantity statement as defined i…

1. The names of the ingredients used in the brand or product name or elsewhere on the product label shall appear in order of predominance by weight in the product. Names of flavors due to their varying intensity can be in any order. 2. The words "one hundred percent" or "all", or…