Title 4.1, Agriculture

Five years after the date a district was organized, twenty-five percent of the qualified electors living within the boundaries of the district may file a petition with the state soil conservation committee to terminate the operations of the district. The committee then shall cond…

The committee shall publish the result of any election on the question of discontinuance of a district immediately after the vote has been had. If a majority of the votes cast in the election favored the discontinuance of the district, the committee shall make its certificate tha…

Upon receipt from the committee of its certification that the committee has determined the continued operation of the district is not administratively feasible, the supervisors shall proceed to terminate the affairs of the district. The supervisors of the district may dispose of …

After a certificate of dissolution has been issued as provided in section 4.1-20-42, all ordinances and regulations that have been adopted and in force within the dissolved district are of no further force and effect. All contracts that have been made, to which the district super…

The state soil conservation committee may not entertain petitions for the discontinuance of any district, conduct elections upon those petitions, or make determinations pursuant to the petitions in accordance with the provisions of this chapter more than once in any five-year per…

Two or more districts may be consolidated into one district by compliance with this chapter. A petition for consolidation of soil conservation districts must be filed with the state soil conservation committee and must be signed by at least twenty-five qualified electors living i…

An election upon the question of consolidating two or more soil conservation districts must be conducted in accordance with the laws of the state prescribing the conduct of general elections. After the polls are closed, the board of election shall canvass the votes and the clerk …

The members of the board of supervisors of a newly consolidated district are the supervisors from each of the districts that have been consolidated whose existing terms of office would last expire if the new consolidated district were not established. Those members shall determin…

All costs and expenses incidental to the consolidation of two or more districts must be borne equally by each of the consolidated districts. All property and money of the districts that have been consolidated become the property of the newly established district. All contracts to…

The state of North Dakota holds in trust for use by the soil conservation districts of the state for the soil conservation program the property in Burleigh County described as follows: Township one hundred thirty-eight north, range eighty west, fifth principal meridian: west one-…

The board of higher education shall appoint the state forester. 1. The state forester must be a graduate of an accredited school of forestry with a minimum education of a bachelor of science degree in forestry. The state forester shall serve as the director of the state forest se…

A state nursery, under the direction of the state forester, must be maintained at Towner. The nursery shall propagate seeds and forest tree planting stock adapted to the climatic conditions of this state.

Under the general supervision of the board of higher education, the state forester may: 1. Establish procedures for the administration of this chapter. 2. Provide grants to, and enter cooperative agreements with, public and private entities for purposes consistent with this chapt…

The state forester reserve account is established as a special account in the state treasury. All moneys received for charges in excess of the cost of production of seedlings from the state nursery must be deposited in the reserve account. The state forester may use the reserve a…

Seeds and planting stock from the state nursery may be distributed by the state forester to citizens and landowners of this state upon payment by them of a price not greater than one hundred ten percent of the cost to the state of production in the case of planting stock or colle…

The state forester may accept gifts, donations, or contributions of land suitable for forestry purposes and may enter agreements for acquiring, by lease, purchase, or otherwise, such lands as in the state forester's judgment are desirable for state forestry purposes.

Obligations incurred by the state forester in the acquisition of land under this chapter must be paid solely and exclusively from revenues derived from that land, and may not impose any liability upon the general credit and taxing power of the state.

When lands are acquired or leased under section 4.1-21-06, the state forester may make expenditures from any funds not otherwise obligated for the management, development, and utilization of those areas. The state forester may provide recreational services within those areas and …

All revenues derived from lands acquired or leased under this chapter must be segregated by the state treasurer for the use of the state forester in the acquisition, management, development, and use of such lands. However, from those revenues derived from agricultural leases ther…

The state forester may sell, exchange, or lease lands under the state forester's jurisdiction when in the state forester's judgment it is advantageous to the best orderly development and management of state forests and state parks, except any sale, lease, or exchange may not be c…

Any board or officer having the control or management of any real estate belonging to or controlled by this state or any of its political subdivisions may enter agreements with the officers and agents of the United States for the improvement by the United States of any of those l…

The trees for North Dakota program is created for the public purpose of strengthening the tradition of tree planting and management in this state. A special fund known as the trees for North Dakota program trust fund is established in the state treasury. Income earned on moneys i…

In this chapter, except as otherwise provided: 1. "Certificate of inspection" means a document issued or authorized by the commissioner stating nursery stock is practically free from damaging pests. 2. "Commissioner" means the agriculture commissioner or the commissioner's design…

The commissioner shall administer this chapter. The commissioner may adopt rules under chapter 28-32 to implement this chapter.

The commissioner shall inspect all nursery stock being grown in North Dakota at least once each year and may enter and inspect any nursery or place of business during normal business hours.

After giving notice to the owner or the owner's agent, the commissioner may destroy, treat, or remove from sale, at the owner's expense, any nursery stock offered for sale found to be not viable, not accompanied by a certificate of inspection, not labeled correctly, or infested w…

The commissioner shall issue a certificate of inspection annually for nursery stock grown in licensed nurseries within the state found to be practically free from damaging pests. Certificates expire on December thirty-first each year unless canceled at an earlier date. Certificat…

A person may not sell nursery stock without a license issued by the commissioner. Licenses expire on December thirty-first each year unless revoked at an earlier date. An application for renewal of license with any additional information required by the commissioner must be submi…

A person may not sell or offer for sale any nursery stock not labeled in accordance with the international code of nomenclature for cultivated plants with the complete correct botanical or approved recognized common name. All nonhardy trees and shrubs, as determined by the commis…

A person may not misrepresent the name, age, origin, grade, variety, quality, or hardiness of any nursery stock being offered for sale.

The commissioner may enter reciprocal agreements with officers of other states for the recognition of official licenses and inspection certificates.

The commissioner may exempt certain nursery stock, nurseries, or persons from all or part of the provisions of this chapter. Exemptions from licenses and fees may include: 1. Persons growing and propagating nursery stock for research or experimental purposes; 2. Soil conservation…

1. It is a class B misdemeanor for any person to violate this chapter, or any rules adopted under this chapter. 2. Any person who violates any provision of this chapter, or rule adopted under this chapter, is subject to a civil penalty not to exceed five hundred dollars for each …

In this chapter, unless the context or subject matter otherwise requires: 1. "Certificate" means a document issued or authorized by the commissioner indicating a regulated article is not contaminated with a pest. 2. "Commissioner" means the agriculture commissioner or the commiss…

The commissioner shall administer this chapter. The commissioner shall employ an individual who has a baccalaureate degree in entomology, plant pathology, or biological sciences. The commissioner may adopt rules to carry out this chapter.

The commissioner, either independently or in cooperation with political subdivisions, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, is authorized to carry out operations or measures to locate, suppress, control, eradic…

1. The commissioner is authorized to quarantine this state or any portion of the state if the commissioner determines that quarantine is necessary to prevent or retard the spread of a pest within or from this state, and to quarantine any other state or portion of another state if…

If the commissioner finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premise or is in transit in this state, the commissioner, upon giving notice to the owner or the owner's agent in possession of the host or pest, may seize…

1. The commissioner, with a warrant or the consent of the owner, may make reasonable inspection of any premises in this state and any property in or on the premises. The commissioner, without a warrant with the assistance of any law enforcement agency may stop and inspect, in a r…

1. The commissioner is authorized to cooperate with any agency of the federal government in operations and measures the commissioner deems necessary to suppress, control, eradicate, prevent, or retard the spread of any plant pest including the right to expend state funds on feder…

1. It is a class A misdemeanor for: a. Any person to violate any provision of this chapter or use without authority any certificate or permit or other document provided for in this chapter or in the rules of the commissioner provided for in this chapter; or b. Any person to knowi…

The commissioner may authorize the payment of reasonable compensation to growers in infested areas for not planting host crops pursuant to instructions issued by the commissioner prior to the planting season, for losses resulting from the destruction of any regulated articles. A …

The governing body of any political subdivision, by ordinance or resolution, may adopt and enforce regulations to control and prevent the spread of pests. If state rules are in effect, any similar local regulations must be approved by the commissioner. State rules must be in effe…

1. The board of county commissioners may appropriate money for the control of pests under this chapter. If state funds are involved, the money must be expended according to control plans approved by the commissioner. The board of county commissioners shall determine the portion, …

The commissioner may inspect and certify any plant and plant product, when offered for export or shipment from within the state and to certify, to shippers and interested parties as to the freedom of the products from injurious pests according to the phytosanitary requirements of…

1. "Cheese factory" means a facility that makes cheese for commercial purposes. 2. "Commissioner" means the agriculture commissioner or the commissioner's designee. 3. "Condensery" means a facility where condensed or evaporated milk is produced. 4. "Dairy animal" means any health…