Title 4.1, Agriculture

In this chapter, unless the context otherwise requires, "livestock dealer" means a person that buys horses, mules, cattle, hogs, goats, or sheep from a producer or a livestock auction market: 1. On the person's own account, more than once per year for the purpose of resale within…

1. Before a person may transact business as a livestock dealer, the person must be licensed by the agriculture commissioner. 2. This section does not apply to: a. A packing plant, provided the plant's annual purchases of cattle, goats, hogs, horses, mules, or sheep do not exceed …

To obtain a livestock dealer's license, a person must complete an application and submit it to the agriculture commissioner. The application must include: 1. The applicant's name and: a. The name of each partner if the applicant is a partnership; b. The name of each corporate off…

1. The fee for a livestock dealer's license is fifty dollars. 2. A livestock dealer's license issued under this chapter expires on June thirtieth of each year. 3. A livestock dealer's license is not transferable.

1. As a condition of licensure, the applicant shall post a bond with the agriculture commissioner. The bond must be: a. A surety bond; b. A cash bond; or c. An irrevocable letter of credit. 2. The agriculture commissioner must be named as the obligee. 3. The bond required by this…

Any applicant having a bond on file with the United States department of agriculture pursuant to the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.], may meet the requirements of section 4.1-83-05 by filing a copy of that bond with the agriculture commissioner, provided t…

A bond posted by an out-of-state applicant for a livestock dealer's license may name as trustee a financially responsible, disinterested person who is satisfactory to the commissioner.

1. The agriculture commissioner shall determine the amount of the bond required in accordance with this chapter by using the same basis as that prescribed for livestock dealers who are subject to the provisions of the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.]. 2. No…

1. As a condition of licensure, the applicant shall agree to provide to the agriculture commissioner, upon request, any financial record that the commissioner deems relevant for purposes related to: a. The issuance of a livestock dealer's license; or b. An investigation after iss…

1. The agriculture commissioner shall deny an applicant a livestock dealer's license if: a. The applicant's current assets do not exceed the applicant's current liabilities; or b. The applicant submitted false or misleading information in connection with the application. 2. The a…

A livestock dealer shall notify the agriculture commissioner of: 1. Any legal change to the name in which the livestock dealer's license is issued; 2. Any change to the legal status of the livestock dealer; and 3. Any change in the nature and scope of the livestock dealer's busin…

Each livestock dealer shall keep records regarding all purchases and sales of livestock for a period of two years. The records may be examined by the agriculture commissioner upon request.

Before an individual may serve as the agent of a livestock dealer, the individual must be licensed by the agriculture commissioner. In order for an individual to obtain an agent's license, the agent's principal must request the license, at the time and in the manner determined by…

Before the agriculture commissioner issues an agent's license, the commissioner shall verify that: 1. The agent's principal is a livestock dealer licensed in accordance with this chapter; and 2. The principal has filed with the agriculture commissioner a signed statement indicati…

1. The agriculture commissioner may refuse to issue an agent's license: a. If the individual seeking the license was previously denied a livestock dealer's license or an agent's license; b. If the individual seeking the license had a livestock dealer's license or an agent's licen…

While acting as an agent, an individual may not conduct any transaction involving livestock in the agent's own name.

The agriculture commissioner may issue an order to cease and desist if the commissioner has reason to believe that a person has committed or is about to commit a violation of this chapter. If the agriculture commissioner issues a cease and desist order, the commissioner shall hol…

1. a. The agriculture commissioner shall investigate the conduct of any livestock dealer if the commissioner has reasonable cause to believe that the livestock dealer may have violated this chapter or engaged in any activity that constitutes a ground for license suspension or rev…

The agriculture commissioner may suspend or revoke the license of a livestock dealer if: 1. The livestock dealer has violated this chapter; 2. The livestock dealer has violated any of the laws of this state governing the handling, shipment, or transportation of livestock; 3. The …

1. Before the agriculture commissioner may suspend or revoke a livestock dealer's license, the commissioner shall: a. Prepare a complaint; b. Designate the time and place for a hearing; and c. Serve a copy of the complaint and a notice of the hearing upon the livestock dealer at …

If a livestock dealer defaults in the provisions of any bond required by this chapter, the livestock dealer is deemed to be insolvent within the meaning of this chapter. The claim for relief for damages upon the bond, and the amount recovered in any claim for relief for the conve…

1. Upon the insolvency of a livestock dealer, the agriculture commissioner shall provide notice to the livestock dealer and may immediately suspend, close, or take control of assets held in the trust fund pursuant to section 4.1-83-21, or take any combination of these actions as …

1. a. Upon establishing the trust fund, the agriculture commissioner shall take possession of all accounts and records pertaining to the livestock dealer's business. After reviewing the records, the agriculture commissioner may return to the dealer any records that are not necess…

1. The agriculture commissioner, as trustee, may in the name of the state upon its own relation but for the benefit of all claimants against the livestock dealer's bond, maintain suits or special proceedings upon the bond and against any person who has converted any of the livest…

1. A claimant may not pursue a separate claim for relief against the livestock dealer's bond unless the agriculture commissioner fails or refuses to apply for appointment as trustee. 2. A claimant may pursue concurrently with the agriculture commissioner, however, any other remed…

1. The agriculture commissioner may: a. Prosecute an action for any claim arising under this chapter; b. Appeal from any adverse judgment to the court of last resort; and c. Settle and compromise any action if the commissioner determines that doing so is in the best interests of …

All moneys collected and received by the agriculture commissioner as trustee must be deposited in the Bank of North Dakota pending the marshalling of the fund.

1. Upon recovery of the trust fund, or so much of the fund as is recoverable or necessary to pay the outstanding claims, the agriculture commissioner shall file with the claimants a report showing the amount payable on each claim, after recognition of all proper liens, pledges, a…

The agriculture commissioner is not required to pay any filing fee or other court cost or disbursement in connection with an application for appointment as trustee or with any action brought under this chapter if the fee, cost, or disbursement accrues to the state or to a county …

1. Any person violating this chapter is guilty of a class A misdemeanor. 2. Any person violating this chapter is subject to a civil penalty in an amount not to exceed five thousand dollars for each violation. The civil penalty may be adjudicated by a court or by the agriculture c…