Title 4.1, Agriculture

1. An inspector may detain an article or animal for up to twenty days pending a hearing or notification of authorities having jurisdiction over the article or animal if the inspector finds the article or animal on premises where it is held for purposes of, during, or after distri…

The commissioner may initiate action to seize and condemn a carcass or meat food product, or a dead, dying, disabled, or diseased animal that is being transported in intrastate commerce, or is held for sale in this state after transportation in intrastate commerce if: 1. The arti…

If an article or animal is condemned, it must be disposed of by destruction or sale, as directed by a court. If an article or animal is sold, the proceeds must be paid to the state, less the court costs, fees, storage, and reasonable expenses, but the article or animal must not b…

If a decree of condemnation is entered against an article or animal and it is released under bond or destroyed, a court may award costs, fees, storage, and other reasonable expenses against any person intervening as a claimant of the article or animal. Either party to a proceedin…

For the purposes of this chapter, the commissioner may: 1. Gather and compile information concerning and investigate the organization, business, conduct, practices, and management of a person in intrastate commerce and the person's relation to other persons. 2. Require a person e…

Meat and meat products inspected under this chapter may be shipped in interstate commerce when federal law permits state-inspected meat and meat products to be marketed interstate.

1. A person who willfully violates a provision of this chapter is guilty of a class A misdemeanor. 2. A person willfully violating this chapter or a rule adopted under this chapter is subject to a civil penalty not to exceed two hundred fifty dollars for each violation. The civil…

A person may not operate a rendering plant or other establishment using the carcasses of domestic or wild animals, not intended for human consumption, for processing without first obtaining a license from the agriculture commissioner. A license to operate a rendering plant may be…

The state veterinarian shall inspect an establishment for which a license is requested to operate a rendering plant, including its equipment and vehicles and the manner in which its business is conducted, with reference and due regard to the danger of animal disease transmission …

The agriculture commissioner shall issue a license to operate a rendering plant, if the inspection does not reveal any danger of animal disease transmission, upon payment of a fee of fifty dollars. The license is valid for a period of one year from the date of issuance unless it …

1. Any unloading places or chutes used by a rendering plant or establishment must be on cement floors that can be cleaned and disinfected. Every vehicle used for transporting carcasses of dead animals to a rendering plant or establishment must: a. Have a bed or tank not less than…

A carcass collected at any farm in this state may not be removed from the vehicle except at a rendering plant or other establishment using the carcasses of domestic or wild animals, not intended for human consumption, for processing and final disposal.

Any person operating a vehicle for an establishment licensed under this chapter must have an authorized certificate from the establishment which has been approved by the agriculture commissioner.

The operator of any establishment licensed under this chapter shall permit an official authorized by the state veterinarian or any health officer to inspect the licensed establishment at any time.

All rendering done by a packing plant operating under federal inspection in a building adjacent to or on the same premises as the packing plant is exempt from the provisions of this chapter, except that the transportation by the packing plant or any establishment licensed under t…

Money collected under this chapter must be deposited in the general fund by the state treasurer.

An establishment licensed under this chapter may not be constructed within three miles [4.83 kilometers] of the limits of any municipality or within one mile [1.61 kilometers] of any farmstead unless the owner of the farmstead gives written consent.

Any person violating any provision of this chapter is guilty of a class B misdemeanor.

As used in this chapter: 1. "Animal" means vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. 2. "Antimicrobial pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, suppressing, or …

The pesticide certification standards as defined under section 4.1-33-01, are incorporated by reference and made part of this chapter.

1. The pesticide control board consists of the agriculture commissioner, the director of the cooperative extension division of the North Dakota state university of agriculture and applied science, and the director of the agricultural experiment station at North Dakota state unive…

1. a. The pesticide control board shall administer this chapter and may adopt rules under chapter 28-32 to implement this chapter. The rules may prescribe methods to be used in the application of pesticides. The rules may relate to the time, place, manner, methods, materials, and…

A political subdivision, including a home rule city or county, may not adopt or continue in effect any ordinance, resolution, or home rule charter provision regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pestic…

All governmental agencies and public utilities are subject to this chapter and rules adopted under this chapter.

The board may classify commercial certificates to be issued under this chapter. The classifications may include pest control operators, wood treaters, ornamental or agricultural pesticide applicators, or right-of-way pesticide applicators. Separate classifications may be specifie…

1. A commercial or public applicator may not purchase, use, or supervise the use of a pesticide without first complying with the certification standards and requirements of this chapter, or other restrictions as may be determined by the board. 2. An individual may be certified as…

If the governor declares a statewide state of disaster or emergency that affects the certification requirements under this chapter, the pesticide control board may temporarily waive statutory requirements, or any associated rules, relating to the certification for the duration of…

A certificate issued under section 4.1-33-07 expires as of the first day of April following two years from the date of issuance. A certificate is renewable every three years on April first. A certificate may be renewed upon completion of a seminar approved by the board or upon su…

1. A nonresident applying for certification as an applicator or dealer under this chapter shall file a written power of attorney in a form as to render effective the jurisdiction of the courts of this state over the nonresident applicant designating either: a. North Dakota state …

1. A commercial applicator certificate may not be issued unless the applicant furnishes proof of financial responsibility. Financial responsibility must be maintained in the amount of one hundred thousand dollars. Financial responsibility may be demonstrated by a notarized letter…

1. A pesticide dealer may not distribute restricted use pesticides or act as a restricted use pesticide dealer, without first having obtained certification from the North Dakota state university extension service, or the service's designee. During hours the business is open, a ce…

1. a. An individual who would be a private applicator, if certified, may not buy any restricted use pesticide unless the individual first complies with the certification requirements established by the board. b. An individual who would be a private applicator, if certified, may n…

1. It is a violation of this chapter for a person to: a. Make false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized, or advertise a pesticide without reference to its classification. b. Make a pesticide recommendation, app…

The board shall require pesticide dealers, commercial applicators, and public applicators to maintain records of sales and purchases of restricted use and special exemption pesticides. The board shall require commercial applicators and public applicators to maintain records of al…

The North Dakota state university extension service, or its designee, may issue a certification on a reciprocal basis, without examination, to a nonresident who is certified to buy, distribute, or use restricted use pesticides under a plan substantially similar to this chapter an…

1. The certification requirements of this chapter do not apply to an individual applying nonrestricted use pesticides under the direct supervision of a private or commercial applicator, unless the pesticide label requires that a certified applicator personally apply the pesticide…

A person may not discard, store, display, or permit the disposal of surplus pesticides, empty pesticide containers and devices, or rinsate in such a manner as to endanger the environment or to endanger food, feed, or any other products that may be stored, displayed, or distribute…

1. a. Before a person may file a civil action seeking reimbursement for property damage allegedly stemming from the application of a pesticide, the person shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of: (1) Twenty-eight days fr…

In any hearing to enforce this chapter, the commissioner may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records pertaining to pesticide applications, sales, and purchases in the state.

1. Any person other than a private applicator who knowingly violates this chapter is guilty of a class A misdemeanor. 2. Any private applicator who knowingly violates this chapter is guilty of a class B misdemeanor. 3. When construing and enforcing the provisions of this chapter,…

1. The commissioner shall enforce the requirements of this chapter and any rules adopted under this chapter. 2. The commissioner may bring an action to enjoin the violation or threatened violation of this chapter, or any rule adopted under this chapter, in the district court of t…

If the commissioner has reason to believe on the basis of inspection or tests that any pesticide or device is in violation of any provision of this chapter, or if the registration of the pesticide has been canceled or suspended by the state or United States environmental protecti…

In cooperation with private, local, state, or federal agencies, the board may publish information and conduct short courses of instruction in the areas of knowledge required by this chapter.

The board may cooperate, receive grants-in-aid, and enter cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to: 1. Secure uniformity of regulations. 2. Enter cooperative agreements with and su…

All moneys received by the pesticide control board under this chapter must be deposited to the credit of the certification and training fund under the control of the board.

For the purposes of this chapter, unless the context or subject matter otherwise requires: 1. "Active ingredient" means: a. In the case of a pesticide other than a plant regulator, defoliant, or desiccant, any ingredient that will prevent, destroy, repel, or mitigate pests. b. In…