Title 4.1, Agriculture

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…

As used in this chapter, "swine" means domestic swine raised for breeding, feeding, or slaughter.

The commissioner shall: 1. Serve on behalf of the department as the official state agency to cooperate with the veterinary services program of the animal plant health inspection services division of the United States department of agriculture, to further the objectives of the sta…

The agricultural products utilization commission shall administer the agricultural products utilization fund. The commission shall consist of nine members, five of whom must be appointed by the agriculture commissioner for terms of two years each, arranged so that two terms expir…

1. The North Dakota agricultural products utilization commission may apply for, accept, and expend any appropriation, grant, gift, or service made available from public or private sources. 2. The commission may administer grant programs including: a. A basic and applied research …

The agricultural products utilization commission, an office of the agriculture commissioner, shall meet as necessary and shall report to each session of the legislative assembly. The commissioner shall provide office space, employ required personnel for the performance of its dut…

Members of the agricultural products utilization commission are entitled to be reimbursed for expenses incurred in the performance of their duties, in the same manner as other state officials are reimbursed, according to sections 44-08-04 and 54-06-09. If not otherwise employed b…

Administrative expenses of the agricultural products utilization commission, including expenses of members of the commission, employment of required personnel, hiring of consultants, and contracting with public or private entities for services may not exceed ten percent of the fu…

The agricultural products utilization fund in the state treasury must be used to fund programs for agricultural research, equipment, development, processing, technology, and marketing. The fund must be used to defray the expenses of the North Dakota agricultural products utilizat…

1. There is created in the state treasury the agriculture diversification and development fund. The fund consists of all moneys transferred to the fund by the legislative assembly, interest upon moneys in the fund, and payments of interest and principal on loans made from the fun…

1. The agriculture diversification and development committee consists of eleven members, five of whom must be appointed by the commissioner for terms of two years each, arranged so that two terms expire in odd-numbered years and three terms expire in even-numbered years. a. Four …

1. To the extent the agriculture diversification and development committee determines the materials or data provided under section 4.1-01.1-07 consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying for grants with the com…

1. "Broad spectrum" means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, but where tetrahydrocannabinol has been removed to nondetectable levels using a fit-for-purpose method,…

The commissioner may adopt and amend rules consistent with this chapter governing the sale, distribution, testing, labeling, and regulation of hemp and hemp commodities or products, and substances and products prohibited by this chapter.

Any person desiring to grow or process hemp shall apply to the agriculture commissioner for a license on a form prescribed by the commissioner. A license must be obtained before a person purchases or obtains hemp material for planting or propagation. The applicant is responsible …

The commissioner shall assess each producer and processor a fee not to exceed three hundred fifty dollars. The commissioner shall deposit fees collected under this chapter in the commissioner's operating fund which are appropriated to the commissioner on a continuing basis for th…

1. The agriculture commissioner may deny or revoke a license to any person who: a. Repeatedly violates this chapter; b. Provides false or misleading information in connection with any application required by this chapter; or c. Has been convicted of a felony, as described in sect…

The commissioner shall determine the total tetrahydrocannabinol concentration under this chapter up to an amount not to exceed the federal Agriculture Improvement Act of 2018 [Pub. L. 115-334; 132 Stat. 4490] and federal domestic hemp production program regulations under title 7,…

1. The commissioner may charge a fee of up to one hundred twenty-five dollars to inspect, sample, and test hemp under this chapter. 2. The commissioner shall deposit fees collected under this section in the commissioner's operating fund. 3. The provisions of chapter 54-44.4 do no…

A licensee may not: 1. Chemically modify or convert a hemp extract, or engage in any process that converts cannabidiol into delta-9, delta-8, delta-10-tetrahydrocannabinol, or other tetrahydrocannabinol isomers, analogs, or derivatives; and 2. Sell or distribute hemp or hemp comm…

1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concen…

1. A producer found in violation of this chapter for negligently failing to provide the legal description of the land where the producer is growing hemp, failing to obtain a license, or by producing hemp with a total tetrahydrocannabinol concentration greater than the amount dete…

1. Any hemp found to be in violation of this chapter is subject to confiscation and disposal by the commissioner. 2. Any disposal-related costs will be the responsibility of the producer, owner, or person responsible for the hemp. 3. The commissioner is not liable for any destruc…

The commissioner may enter on any land or areas where hemp is grown, stored, or processed for the purposes of inspections, sample collection, testing, or investigation for the purposes of enforcing this chapter.

If the commissioner reasonably suspects a person is about to engage in, has engaged in, or is engaging in, a violation of this chapter, the commissioner may: 1. Require the person to file, on forms the commissioner prescribes, a statement or report in writing, under oath or other…

1. Any researcher associated with or operating under an institution under the control of the state board of higher education is exempt from obtaining a license described under section 4.1-18.1-02 to grow hemp. A researcher shall notify the commissioner of the researcher's intent …

To regulate compliance with this chapter, the commissioner, in addition to other powers conferred upon the commissioner by this chapter, may issue subpoenas to any person, administer an oath or affirmation to any person, and conduct hearings in aid of any investigation or inquiry…