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North Dakota Statutes, Title 4.1

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Title 4.1, Agriculture

66 chapters · 1,070 sections in this title.

All chapters in Title 4.11,070 Ch 4.1-58, Grain and Seed Warehouses56 Ch 4.1-25, Dairy Product Regulation53 Ch 4.1-20, Soil Conservation49 Ch 4.1-53, Seeds49 Ch 4.1-26, Milk Marketing Board36 Ch 4.1-01, Agriculture Commissioner34 Ch 4.1-47, Noxious Weed Control34 Ch 4.1-59, Grain Buyers34 Ch 4.1-83, Livestock Dealers30 Ch 4.1-73, Branding Livestock29 Ch 4.1-31, Meat Inspection28 Ch 4.1-33, Pesticide Control27 Ch 4.1-13, Wheat Commission26 Ch 4.1-09, Oilseed Council24

34 sections·Filtered byTitle 4.1✕Ch 4.1-59✕

N.D.C.C. § 4.1-59-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Credit-sale contract" means a written contract for the sale of grain pursuant to which the sale price is to be paid or may be paid more than thirty days after the delivery or release of the grain for sa…
N.D.C.C. § 4.1-59-02 Duties of the commissioner
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The commissioner shall: 1. Exercise general supervision of grain buyers of this state. 2. Investigate all complaints of fraud and injustice, unfair practices, and unfair discrimination. 3. Examine and inspect, during ordinary business hours, any books, documents, and records. 4. …
N.D.C.C. § 4.1-59-03 Commissioner's authority - Grain buyer - Trust assets
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Upon the commissioner's determination continued operation of a grain buyer is likely to result in probable loss of assets to receiptholders, the commissioner may immediately suspend, close, or take control of the assets held in a trust fund described in section 4.1-59-22, or take…
N.D.C.C. § 4.1-59-04 Federal licensed inspector and employees
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The commissioner may employ a federal licensed inspector and other employees as necessary to carry out this chapter.

N.D.C.C. § 4.1-59-05 Grain marketing - Procedure for resolving disputes

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1. If a dispute or disagreement arises between the person receiving and the person delivering grain as to the proper grade, dockage, vomitoxin level, moisture content, or protein content of any grain, an average sample of at least three pints [1.65 liters] of the grain in dispute…

N.D.C.C. § 4.1-59-06 Release of records - Confidentiality

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1. As a condition of licensure, an applicant shall agree to provide the commissioner, upon request, any financial record the commissioner deems relevant for purposes related to: a. The issuance or renewal of a grain buyer license; or b. An investigation after issuance or renewal …

N.D.C.C. § 4.1-59-07 Grain buyer license - Financial criteria to be met

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1. To be eligible to receive an annual license, an applicant shall submit financial documentation to the commissioner verifying the applicant has satisfactory net worth and working capital, as determined by the commissioner. 2. A licensed grain buyer or an applicant for initial l…

N.D.C.C. § 4.1-59-08 Grain buyer license - How obtained - Fee - Penalty

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1. Grain buyers that purchase, solicit, merchandise, or take possession of grain in this state shall obtain an annual license from the commissioner. Except as provided in this section, each license expires on July thirty-first of each year. If a licensee's initial license is issu…

N.D.C.C. § 4.1-59-09 Bond filed by grain buyer

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1. Before a license is effective for a grain buyer under this chapter, the applicant for the license shall file a bond with the commissioner which must: a. Be in a sum not less than one hundred thousand dollars. b. Be continuous, unless the corporate surety by certified mail noti…

N.D.C.C. § 4.1-59-10 Bond discount

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1. The licensee may request a bond reduction based upon the licensee's payment policy. a. The required bond is reduced by thirty percent for a licensee that establishes and follows a payment policy approved by the commissioner of ten days or fewer. b. The required bond is reduced…

N.D.C.C. § 4.1-59-11 Bond cancellation - Release of surety

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The surety on a bond is released from all future liability accruing on the bond after the expiration of ninety days from the date of receipt by the commissioner of notice of cancellation by the surety or on a later date specified by the surety. This provision does not operate to …

N.D.C.C. § 4.1-59-12 Revocation and suspension

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The commissioner may suspend or revoke the license of a grain buyer for cause upon notice and hearing. Notwithstanding any other provision of this chapter, the commissioner shall suspend the license of a grain buyer for failure at any time to maintain a bond.

N.D.C.C. § 4.1-59-13 Scale ticket - Contents

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Every grain buyer, upon receiving grain, shall issue a uniform scale ticket or comparable receipt for each load of grain received. Receipts must be numbered consecutively and one copy of each receipt must be retained and remain as a permanent record. The original receipt must be …

N.D.C.C. § 4.1-59-14 Credit-sale contracts

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1. A grain buyer may not purchase grain by a credit-sale contract except as provided in this section. All credit-sale contracts must be in writing and must be consecutively numbered when printing the contract. The grain buyer shall maintain an accurate record of all credit-sale c…

N.D.C.C. § 4.1-59-15 Discrimination by grain buyer prohibited

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1. A grain buyer may not discriminate: a. In the buying, selling, receiving, and handling of grain or in the charges made or the service rendered to owners of purchased grain; b. In the receiving of grain offered for sale, but this chapter does not require a processor to receive …

N.D.C.C. § 4.1-59-16 Records required to be kept by grain buyers

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A grain buyer shall keep such accounts, records, and memoranda concerning the buyer's dealing as the grain buyer as may be required by the commissioner and shall make any reports of purchases of grain as may be required by the rules adopted by the commissioner. The commissioner a…

N.D.C.C. § 4.1-59-17 Reports to be made by grain buyers - Penalty for failure - Confidential records

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1. Each licensed and bonded grain buyer shall: a. Prepare for each month a report giving facts and information called for on the form of report prepared by the commissioner. (1) The report must contain or be verified by a written declaration the report is made under the penalties…

N.D.C.C. § 4.1-59-18 Standard weights to be used - Exception

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A person purchasing grain may not use any measure for the grain other than the standard bushel, and a number of pounds may not be used or called a bushel other than the number of pounds provided by law as the standard weight of the kind of grain in question, except that during th…

N.D.C.C. § 4.1-59-19 Federal grades to control - Grades to be posted

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1. A grain buyer shall purchase grain, except dry edible beans, in accordance with the official grades established by the secretary of agriculture of the United States, except as otherwise provided in applicable rules and regulations adopted by federal officials pursuant to law. …

N.D.C.C. § 4.1-59-20 Grading of grain - Penalty

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A grain buyer, before testing for grade any grain handled by the grain buyer, shall remove and make due allowance for any dockage of the grain made by reason of the presence of straw, weed seeds, dirt, or any other foreign matter. A grain buyer that violates this provision is gui…

N.D.C.C. § 4.1-59-21 Insolvency of grain buyer

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A licensee is insolvent when the licensee refuses, neglects, or is unable upon proper written demand, including electronic communication, to pay for grain purchased or marketed by the licensee or is unable to make redelivery upon proper written demand, including electronic commun…

N.D.C.C. § 4.1-59-22 Trust fund established - Trustee

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1. Upon the insolvency of a licensee, a trust fund must be established for the benefit of noncredit-sale receiptholders and to pay the costs incurred by the commissioner in the administration of the insolvency. The trust fund consists of the following: a. Nonwarehouse receipt gra…

N.D.C.C. § 4.1-59-23 Joinder of surety - Deposit of proceeds

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Each surety on the insolvent licensee's bonds must be joined as a party to the insolvency proceeding. If it is in the best interests of the receiptholders, the court may order a surety to deposit some or all of the penal sum of the bond into the trustee's trust account pending de…

N.D.C.C. § 4.1-59-24 Joinder - Grain broker

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A licensed grain broker may be joined as a party to an insolvency proceeding if the commissioner determines the grain broker negotiated a grain transaction with an insolvent grain buyer or which was discriminatory, predatory, or in bad faith.

N.D.C.C. § 4.1-59-25 Notice to receiptholders and credit-sale contract claimants

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1. Upon the commissioner's appointment, the commissioner may take possession of relevant books and records of the licensee. 2. If the insolvency involves a roving grain buyer, the commissioner shall publish a notice of the commissioner's appointment once each week for two consecu…

N.D.C.C. § 4.1-59-26 Remedy of receiptholders

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A receiptholder does not have a separate claim for relief upon any insolvent licensee's bond, for insurance, against any person converting grain, nor against any other receiptholder, except through the trustee, unless, upon demand of five or more receiptholders, the commissioner …

N.D.C.C. § 4.1-59-27 Commissioner to marshall trust assets

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Upon the commissioner's appointment, the commissioner shall marshall all trust fund assets. The commissioner may maintain suits in the name of the state of North Dakota for the benefit of all receiptholders against the licensee's bonds, insurers of grain, any person that may have…

N.D.C.C. § 4.1-59-28 Power of commissioner to prosecute or compromise claims

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The commissioner may: 1. Prosecute an action provided in sections 4.1-59-21 through 4.1-59-31 in any court in this state or in any other state. 2. Appeal from an adverse judgment to the courts of last resort. 3. Settle and compromise an action if it will be in the best interests …

N.D.C.C. § 4.1-59-29 Report of trustee - Approval - Distribution

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1. Upon the receipt and evaluation of claims, the commissioner shall file a report showing the amount and validity of each claim after recognizing: a. Relevant liens or pledges. b. Relevant assignments. c. Relevant deductions due to advances or offsets accrued in favor of the lic…

N.D.C.C. § 4.1-59-30 Filing fees and court costs - Expenses

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1. The commissioner may not be required to pay any filing fee or other court costs or disbursements. 2. The attorney general may appoint outside legal counsel to assist the commissioner in the prosecution of the action and the cost of employing outside counsel must be paid from t…

N.D.C.C. § 4.1-59-31 Cease and desist

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If a person engages in an activity or practice contrary to the provisions of this chapter or related rules, the commissioner, upon the commissioner's own motion without complaint, with or without hearing, may order the person to cease and desist from the activity until further or…

N.D.C.C. § 4.1-59-32 Agricultural contracts - Mediation and arbitration

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If a written contract for the sale of grain does not contain provisions to settle disagreements concerning factors not governed by section 4.1-59-04, the parties shall attempt to resolve the disagreements through mediation or arbitration.

N.D.C.C. § 4.1-59-33 Roving grain buyers - Exception - Applicability of provisions

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Notwithstanding any other law, this chapter does not apply to any person that purchases, solicits, or merchandises grain, that has been cleaned, processed, and made ready for consumption, from a public warehouseman licensed and bonded under chapter 4.1-58. If the person engages i…

N.D.C.C. § 4.1-59-34 Violations of chapter - Criminal penalty - Civil penalty

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1. A person violating a provision of this chapter or a rule adopted pursuant to this chapter, if punishment is not specifically provided for, is: a. Guilty of an infraction; and b. Subject to a civil penalty in an amount not to exceed five thousand dollars for each violation. 2. …