Title 4.1, Agriculture

A person may not establish or operate a livestock auction market within this state without procuring a license to do so from the commissioner. The commissioner may not approve any application without written permission from the state veterinarian. An applicant for a license shall…

1. An applicant for a license to operate a livestock auction market shall file a surety bond of at least ten thousand dollars with the application for license or renewal of a license. The bond must be approved by the commissioner as to the amount, form, and surety. The commission…

A livestock auction market shall file with the license application a release in a form approved by the commissioner authorizing the commissioner to access financial records of the livestock auction market held by financial institutions, accountants, and other sources. The commiss…

Each license issued under this chapter expires on the thirty-first day of March following the date of issuance. Each license must be renewed annually on or before March thirty-first. The fee for a renewal license is the same as for an original license. If the commissioner does no…

1. The commissioner, upon the commissioner's own motion or upon a complaint by any person, may enter an investigation of the sales and transactions of any livestock auction market and of the conditions under which the business of the livestock auction market is conducted. The com…

The commissioner may issue an order to cease and desist when, in the opinion of the commissioner, any auction market within the state is taking or planning any action which is or may be in violation of this chapter. If an order is granted, the commissioner shall conduct a hearing…

The commissioner may seek an order from the district court of Burleigh County to enjoin a prohibited act when the commissioner believes any auction market or person is violating this chapter or is pursuing a course of action which may lead to a violation of this chapter.

Each livestock auction market must be maintained in a sanitary condition in accordance with this chapter. Any portion of a livestock auction market used for the handling of hogs, including all hogpens, alleys, and auction markets, must be equipped with concrete floors at least th…

All scales used in the operation of a livestock auction market must be tested and inspected by the department of weights and measures as provided by law. All livestock sold by weight must be weighed on such scales, and the purchaser and seller of the livestock must be furnished w…

1. The operator of each livestock auction market shall keep on file an accurate record of the following: a. The date on which each consignment of animals was received and sold; b. The name and address of the buyer and seller of the consigned animals; c. The number and species of …

A livestock auction market that receives a check for the sale of livestock which is returned unpaid with a notation that the payment has been refused because of nonsufficient funds shall notify the commissioner within two business days after receipt of the returned check.

Before it is offered for sale, each animal that enters a livestock auction market must be inspected for health by a veterinarian licensed in this state and approved by the state board of animal health. Cattle also must be inspected for brands by a trained brand inspector, acting …

1. Livestock may not be offered for sale or sold at any licensed public livestock auction market if the livestock has a condition including the following: a. Is infected with a disease that permanently renders the livestock unfit for human consumption; b. Has severe neoplasia; c.…

An operator of a livestock auction market may not permit the removal of any livestock from the establishment until the livestock has been treated in accordance with the rules adopted by the state board of animal health. If livestock is destined to be shipped interstate, the autho…

1. Any livestock auction market who has a complaint against the veterinarian assigned to the livestock auction market, or any veterinarian that has a complaint against the auction market to which the veterinarian is assigned, may submit a written complaint to the grievance commit…

The operator of each livestock auction market shall warrant to the purchaser the title of all livestock bought by the purchaser through the auction market and the operator is liable to the rightful owner of any livestock sold through the auction market for the net proceeds in cas…

All fees collected by the commissioner under this chapter must be credited to the general fund of the state treasury. A license to operate a livestock auction market may be refused or revoked for any of the reasons specified in section 4.1-83-10 or 4.1-83-19. When the holder of a…

The action of the commissioner in denying an application for a license or in revoking or suspending a license may be appealed to the district court of Burleigh County by the procedure applicable to appeals taken in the manner provided in chapter 28-32, except the commissioner's o…

It is a violation of this chapter for any livestock auction market or person to: 1. Make or cause any false entry or statement of fact to be made in any application, financial statement, or report filed with the department under this chapter; 2. Fail to keep and maintain suitable…

1. Any auction market or person who willfully violates any provision of this chapter is guilty of a class A misdemeanor. 2. Any auction market or person who willfully violates any provision of this chapter is subject to a civil penalty not to exceed five thousand dollars for each…

All public livestock markets or commission firms doing business in this state shall deliver to each person consigning livestock to the market or purchasing livestock from the market a duplicate scale ticket showing the weight of such livestock.

In this chapter, unless the context otherwise requires: 1. "Commissioner" means the agriculture commissioner or the commissioner's designee. 2. "Internet livestock auction" means a place or establishment conducted or operated for compensation or profit as a public market where li…

A video livestock auction market or internet livestock auction market may not transact business in this state unless the market transacts business through a representative.

Before any livestock sold pursuant to this chapter is delivered, whether interstate or intrastate, the livestock must be inspected for health by a veterinarian licensed in this state and approved by the state board of animal health and, in the case of cattle, for brands by a trai…

Payment to the seller for livestock sold through a video livestock auction market or internet livestock auction market must be made in United States currency, with an instrument payable on demand drawn on a financial institution chartered and regulated by a state or the federal g…

Notwithstanding section 36-21-15, all livestock sold by weight through a video livestock auction market or internet livestock auction market must be sold based on the weight of the livestock on the day of delivery. All livestock sold by weight must be weighed on scales that have …

The term "packing plant" as used in this chapter means a place where livestock, exclusive of poultry, is purchased for the purpose of slaughtering, dressing, curing, or processing the same for storage and distribution at wholesale for human consumption.

An officer or employee of a packing plant within this state may not purchase any livestock by weight unless such livestock has been graded and sorted in the yard and the price per pound [.45 kilogram] for each grade fixed and determined before the livestock is weighed. Any office…

Each purchase of livestock in violation of section 4.1-30-02 is a separate offense and constitutes an infraction upon the part of every owner of a packing plant in which such violation occurs.

1. "Adulterated" means a carcass or meat food product: a. That includes a poisonous or harmful substance that may render it injurious to health; b. That includes a chemical pesticide that is unsafe under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; c. That in…

All federal meat and poultry inspection regulations effective as of July 3, 2024, as provided under title 9, Code of Federal Regulations, parts 301-320, 325, 329, 381, 391, 416-418, 424, 430, 441, 442, and 500, but excluding parts 307.5 and 381.38, are incorporated by reference a…

1. The commissioner shall appoint inspectors to examine and inspect meat food products prepared solely for intrastate commerce in a slaughtering, meat canning, salting, packing, or similar establishment. The inspections must take place at any time during which the slaughtering of…

1. For purposes of enforcement of this chapter, the commissioner may enter and inspect: a. Any place where food or any other product, the manufacture, sale, use, or transportation of which is restricted, regulated, or prohibited by a law of this state, is or may be manufactured, …

1. If a meat food product that is inspected and marked "North Dakota inspected and passed" is being placed or packed in a container, the person preparing the product shall attach to the container, under supervision of an inspector, a label indicating that the product has been "No…

A person may not sell in intrastate commerce any meat food product subject to inspection under this chapter under a name, mark, or label that is false or misleading, or in a container of a misleading form or size. If the commissioner has reason to believe that a mark, label, or c…

1. A person may not advertise, offer for sale, sell, or misrepresent cell-cultured protein as a meat food product. A cell-cultured protein product: a. May not be packaged in the same, or deceptively similar, packaging as a meat food product; and b. Must be labeled as a cell-cultu…

A person may not: 1. Slaughter an animal or prepare an article usable as human food at any establishment preparing articles solely for intrastate commerce, unless the person complies with this chapter; 2. Sell, transport, offer for sale or transportation, or receive for transport…

A person may not: 1. Cast, print, or otherwise make a device containing an official mark, simulation of an official mark, label bearing a mark or simulation, or form of official certificate or simulation, without authorization from the commissioner; 2. Forge an official device, m…

A person may not sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce carcasses of horses, mules, or other equines or meat food products derived from them, unless they are plainly and conspicuously marked, labeled, or otherwise i…

A person may not give or receive anything of value to influence the performance of an inspector under this chapter.

1. This chapter does not apply to an individual processing the individual's own animals and the individual's preparation and transportation in intrastate commerce of the carcasses and meat food products provided the animals are for the exclusive use of the individual, members of …

The commissioner shall adopt rules regarding the manner in which all carcasses and meat food products of animals usable as human food and subject to this chapter must be stored, handled, and transported.

The commissioner may not provide inspection under this chapter at an establishment for the slaughter of animals or the preparation of carcasses or parts or products of animals which are not intended for use as human food. Before these articles are offered for sale or transportati…

The following persons shall keep records that fully and accurately disclose the transactions described: 1. A person in the business of slaughtering animals or preparing, freezing, packaging, or labeling animal carcasses or products of carcasses for use as human or animal food. 2.…

Upon notice by the commissioner, any person subject to the recordkeeping requirements of this chapter shall give the commissioner and the United States department of agriculture access to the person's place of business at all reasonable times and an opportunity to examine the fac…

Any person subject to the recordkeeping requirements of this chapter shall maintain the records for the period prescribed by the commissioner.