North Dakota Administrative Code

1. An artificial color may be used in a pet food or specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States food and drug regulations as safe for use, together with the…

1. Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in these rules, must list feeding directions on the product label. These directions must be consistent with the intended use indicated in the nutritional adequ…

1. Calorie terms: a. "Light": (1) A dog food product that bears on its label the terms "light", "lite", "low calorie", or words of similar designation must: (a) Contain no more than three thousand one hundred kcal ME/kg for products containing less than twenty percent moisture, n…

1. The label of a pet food or specialty pet food must specify the name and address of the manufacturer or distributor. The statement of the place of business must include the street address, city, state, and zip code. The street address may be omitted if the street address is sho…

1. A statement identifying the intended use of a pet food or specialty pet food is required on the principal display panel of the label in accordance with the following: a. The intended use of a pet food or specialty pet food must be stated as: (1) "Complete food" for food produc…

1. Pet nutrition facts must be displayed in a prominent place on the label of all pet foods (including treats, food supplements, veterinary diets, and food mixers). Information must be set off in a box by use of hairlines and clearly be visible under the heading "pet nutrition fa…

1. The statement must be determined in terms of metabolizable energy (ME) on an "as fed" moisture basis by one of the following methods then converted to calories (kcal) per the familiar household unit (i.e., can, measuring cup, treat, or piece): a. By calculation (indicated with…

A warehouse licensee having outstanding storage at the termination of the license period, shall procure a license in the usual manner, even though the warehouse is closed, or will be closed. History: Effective January 1, 2022. General Authority: NDCC 60-02-03 Law Implemented: NDC…

All nontransit grain owned or held by a warehouse licensee under North Dakota Century Code chapter 60-02 must be held in a licensed and bonded warehouse, either within or outside the state. If grain is held in space that is not licensed capacity by the licensee under North Dakota…

A warehouse licensee may not change its physical capacity without prior commissioner approval. A request to change capacity must be on a form provided by the commissioner with capacity being added or deleted. Deleted capacity must be physically disconnected from other licensed ca…

A warehouse licensee that intends to acquire a facility operated by another licensee and to assume responsibility for grain obligations of the former licensee shall notify the commissioner of the assumption of the liability. The notice must be submitted on a form provided by the …

A licensed warehouse during July of each year, shall publish and post in a conspicuous place in each warehouse, the warehouse's policy for delivery of grain to a warehouse receiptholder. The policy must remain in effect at least through the following June and must outline how the…

An application for all licenses must be submitted online on the site provided by the commissioner. Every business organization or sole proprietor using a trade name other than its given name must be registered and in good standing with the secretary of state. The application must…

1. All license types must meet the following requirements based on purchased grain amount: a. Purchases less than one million: one hundred thousand dollars net worth. b. Purchases more than one million less than ten million: two hundred fifty thousand dollars net worth. c. Purcha…

A license expires on July thirty-first of each year. A licensee shall submit a renewal application to the commissioner by July fifteenth online on the site provided by the commissioner. Every business 1 organization or sole proprietor using a trade name must be in good standing w…

All licensees promptly shall notify the commissioner of a change in ownership, name, corporate structure, or format of any receipt or credit sale contract. History: Effective January 1, 2022. General Authority: NDCC 60-02-03, 60-02.1-03 Law Implemented: NDCC 60-02-03, 60-02.1-03

Grain warehouses that have facilities that are physically disconnected from licensed facilities may be leased to other entities for nonpublic use. These leased facilities are not part of the license. The lessee is responsible for its own content insurance, if any. The licensee ne…

If an entire facility is owned under condominium arrangement or is leased to other entities for nonpublic use, the facility is not a public warehouse and license is not required. History: Effective January 1, 2022. General Authority: NDCC 60-02-03 Law Implemented: NDCC 60-02-44 2…

A licensee's minimum bond is two and one-half percent of the licensee's total grain purchases in the state, based on a three-year rolling average during which the license has been active. A licensee shall report the value of purchases at renewal. A licensee's required minimum bon…

A licensee's minimum bond is five percent of the licensee's total grain purchases in the state, based on a three-year rolling average during which the license has been active. A licensee will report the value of purchases at renewal. A licensee's required minimum bond may not be …

A licensee's minimum bond is eight percent of the licensee's total grain purchases in the state, based on annual purchases as reported monthly to the commissioner. A licensee's required minimum bond may not be less than one hundred thousand dollars: 1. A roving grain buyer bond m…

A licensee's minimum bond is one hundred thousand dollars. A broker bond may not exceed two million five hundred thousand dollars. History: Effective January 1, 2022. General Authority: NDCC 60-02.1-03 Law Implemented: NDCC 60-02.1-03, 60-02.1-08 2…

For purposes of this chapter: 1. "Applicant" means a person that has filed on or after March 31, 2024, or is planning to file, an application for a proposed site, corridor, or route, pursuant to North Dakota Century Code chapter 49-22. 2. "Electric energy conversion facility" mea…

1. The agriculture commissioner is responsible for the implementation and administration of an environmental impact mitigation program and the environmental impact mitigation fund. 2. The environmental impact mitigation fund is a continuing appropriation contained within the stat…

1. Before an application is filed to construct or operate an electric energy conversion facility or electric transmission facility, or very early in the application process, an applicant may notify and coordinate with the agriculture commissioner about identified adverse environm…

The agriculture commissioner shall provide a biennial report regarding the environmental impact mitigation fund to the legislative management no later than December thirty-first of every even- numbered year. History: Effective July 1, 2024. General Authority: NDCC 4.1-01-21.1(4) …

All terms have the same meaning as in North Dakota Century Code title 4.1 unless otherwise specified: 1. "Attractive to children" means manufactured in the shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing product t…

Label information as required in North Dakota Century Code chapter 4.1-18.1 must be placed as follows: 1. Product labels must contain: a. A list of all ingredients; b. Any major allergens contained in the an edible cannabinoid hemp product in accordance with 21 U.S.C. 321(qq) (Ap…

All usable cannabinoid hemp products intended for distribution in containers that are: 1. Plain; 2. Unique to the hemp product so as not to be easily mistaken for popular nonintoxicating products; 3. Tamper-evident; 4. Child-resistant; 5. Suitable to contain products for human co…

Cannabinoid hemp products may be distributed and sold in the state if the product meets the requirements of this chapter and section. 1. The COA must be physically available in the retail location or available by a QR code on the product label. 2. The hemp extract must be the pro…

1. History. The 1917 legislative assembly passed architectural practice legislation which is codified as North Dakota Century Code chapter 43-03. This chapter requires the governor to appoint a state board of architecture: a. To adopt rules to govern its proceedings. b. For the e…

The practice of architecture and landscape architecture exists for the performance of personal services to the public by architects and landscape architects. It has as its premise the duty of the architect and landscape architect to employ the architect's and landscape architect'…

The terms used throughout this article have the same meaning as in North Dakota Century Code chapter 43-03, and as further provided herein: 1. "Architect" means, in general, a person who has qualified by skill, training, experience, and professional attitude to practice architect…

Repealed effective January 1, 2014.

Repealed effective January 1, 2014.

An employee of an architect or landscape architect is exempt from North Dakota Century Code chapter 43-03 under subsection 5 of North Dakota Century Code section 43-03-02. This exemption shall not be construed to permit an employee to perform services which, because of their impo…

A person preparing shop drawings or other graphic instruments, the purpose of which is to carry out the architect's or landscape architect's design intent, and which are subject to the architect's or landscape architect's approval, is exempt from North Dakota Century Code chapter…

A person in the employ of, or commissioned by, a United States government agency, who performs architectural or landscape architectural services for a project to be owned and used by the federal government, and to be built with federally appropriated funds is exempt from North Da…

Nothing in this chapter shall be construed to prevent: 1. Preparation of plans, drawings, and specifications for public buildings costing less than the amount stipulated in North Dakota Century Code section 48-01.1-04 or buildings for the use of the North Dakota agricultural expe…

A person who, in violation of North Dakota Century Code section 43-03-09, practices architecture or landscape architecture without registration is guilty of an illegal practice. History: Amended effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43…

A person who, in violation of North Dakota Century Code section 43-03-10, falsely professes to be an architect or landscape architect is guilty of an illegal practice. History: Amended effective February 1, 2005; January 1, 2014. General Authority: NDCC 43-03-08 Law Implemented: …

A person who falsifies or misrepresents information in order to obtain or continue registration is guilty of an illegal practice. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-13, 43-03-20

An architect or a landscape architect who affixes, or permits the affixing of, the architect's or landscape architect's name or stamp to drawings or other instruments of service not prepared under the architect's or landscape architect's responsible control and supervision is gui…

An architect or landscape architect who is an employee and not a principal of a firm which is controlled by persons who are not architects or landscape architects, and which offers and performs architectural or landscape architectural services illegally, on the pretext that such …

An architect or landscape architect who knowingly engages in personal or business activities which are in conflict with the responsibilities to the architect's or landscape architect's client or to the public, without fully disclosing the circumstances of such conflict of interes…

A person who knowingly violates any of the provisions of this title or of North Dakota Century Code chapter 43-03 is guilty of an illegal practice. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-08 2

An architect or landscape architect shall always practice with the health, safety, and welfare interests of the public taking precedence over all other considerations. History: Amended effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-08

Drawings and other instruments of service shall be clear, accurate, and complete for the purpose intended, namely, to provide the client the information required in making a decision. Indefinite, ambiguous, or incomplete drawings and specifications, particularly those intended fo…

An architect or landscape architect shall exercise due care and diligence in all aspects of the architect's or landscape architect's practice in order to safeguard the client and the public insofar as possible against inconvenience or loss due to errors or omissions. An architect…

An architect or landscape architect shall assume only those duties and responsibilities which are normally considered as architectural or landscape architectural services, and shall not offer or perform services which are normally, and by law, required to be performed by other pr…