Title 19, Foods, Drugs, Oils, and Compounds
40 chapters · 235 sections in this title.
N.D.C.C. § 19-01-01 Definitions of terms used in title
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In this title, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Person" includes both the singular and the plural, as the case demands, and includes individuals, partnerships, corporations, limited lia…
N.D.C.C. § 19-01-02.1 Legislative intent
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It is the intent of the legislative assembly that the department provide consumer protection services to the public by means of laboratory sampling, laboratory testing, onsite inspecting, and public information services within its jurisdiction.
N.D.C.C. § 19-01-07 Contract services
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Funds may be accepted by the department from cities, counties, states, federal agencies, and private organizations for contract services of analytical and inspection work. Such funds must be remitted by the department to the state treasurer and deposited in the operating fund of …
N.D.C.C. § 19-01-09 Right of inspection - Penalty
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For obtaining information regarding suspected violations of any provision contained in this title, the department, its inspectors and agents, shall have free access to all places, except private homes, and all vehicles of transportation where and in which any of the products, art…
N.D.C.C. § 19-01-10 Department to make analyses, inspections, and examinations - Report of examination as evidence - Publication of report
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The department shall make, or cause to be made, analyses, examinations, and inspections of all products, articles, compositions, or things included under this title whenever such analyses, inspections, or examinations are necessary to determine whether any of such products, artic…
N.D.C.C. § 19-01-11 Possession of prohibited or regulated products, articles, compositions, or things as prima facie evidence
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Possession of any product, article, composition, or thing, the manufacture, sale, or use of which is restricted, regulated, or forbidden by any provision of this title, is prima facie evidence of the intent to sell, manufacture, transport, possess, or use the same in violation of…
N.D.C.C. § 19-01-12 Seizure of unlawful products - Search warrant
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A search warrant may be issued by any judge, including a district or municipal judge, whenever probable cause is shown by affidavit or deposition under oath that any article, product, composition, or thing is being kept or is present upon certain premises which shall be particula…
N.D.C.C. § 19-01-13 Department may seize unlawful products, articles, compositions, or things without search warrant
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The department may seize any product, article, composition, or thing which is manufactured, sold, used, transported, kept, or offered for sale, use, or transportation, or which is held in possession with intent to use, sell, or transport the same, in violation of any provision of…
N.D.C.C. § 19-01-14 Service and return of search warrant and proceedings thereon
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The provisions of sections 29-29-01 and 29-29-18 and rule 41 of the North Dakota Rules of Criminal Procedure, as to the service and return of a search warrant, and hearing, and return thereon to the district court, govern in cases of search warrants issued pursuant to the provisi…
N.D.C.C. § 19-01-16 Enforcement by department - Duty of state's attorney to prosecute
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The department shall enforce the provisions contained in this title and may prevent the manufacture or sale of products, articles, compositions, or things not complying with any provisions of this title applicable thereto. The department shall report each violation of any such pr…
N.D.C.C. § 19-01-17 Form of license to be issued
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All licenses and permits issued by the department must be uniform insofar as practicable and must be on a suitable blank provided and prescribed by the department. If two or more licenses or permits are issued to the same person or corporation, they must be on one and the same bl…
N.D.C.C. § 19-01-19 Administrative procedure and judicial review
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Any proceeding under this title for issuing or modifying rules and regulations and determining compliance with rules and regulations of the department must be conducted in accordance with chapter 28-32 and appeals may be taken as provided in chapter 28-32.