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North Dakota Statutes, Title 4.1

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North Dakota/Statutes

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Title 4.1, Agriculture

66 chapters · 881 sections in this title.

All chapters in Title 4.1881 Ch 4.1-25, Dairy Product Regulation53 Ch 4.1-20, Soil Conservation49 Ch 4.1-53, Seeds49 Ch 4.1-01, Agriculture Commissioner34 Ch 4.1-47, Noxious Weed Control34 Ch 4.1-83, Livestock Dealers30 Ch 4.1-73, Branding Livestock29 Ch 4.1-31, Meat Inspection28 Ch 4.1-33, Pesticide Control27 Ch 4.1-13, Wheat Commission26 Ch 4.1-09, Oilseed Council24 Ch 4.1-45, State Fair Association24 Ch 4.1-27, Livestock Auction Markets23 Ch 4.1-02, Barley Council21

881 sections·Filtered byTitle 4.1✕

N.D.C.C. § 4.1-34-02 Prohibited acts
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1. A person may not distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: a. Any pesticide that has not been registered…
N.D.C.C. § 4.1-34-03 Registration - Fees - Deposit of collections
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1. Before selling or offering for sale any pesticide for use within this state, a person shall file biennially with the commissioner an application for registration of the pesticide. The application must: a. Give the name and address of each manufacturer or distributor. b. Give t…
N.D.C.C. § 4.1-34-04 Reporting requirements
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Within thirty days after request by the commissioner, a registrant shall report the amount and type of each registered pesticide sold, offered for sale, or otherwise distributed in the state. The information required must include the brand name, amount, and formulation of each pe…
N.D.C.C. § 4.1-34-05 Protection of trade secrets
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1. In submitting data required by this chapter, the applicant may: a. Clearly mark any portions that the applicant requests the commissioner to determine to be trade secrets or commercial or financial information; and b. Submit the marked material separately from other material. …

Showing 501–550 of 881

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N.D.C.C. § 4.1-34-06 Determinations - Rules - Uniformity

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1. After providing an opportunity for a hearing, the commissioner may: a. Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances. b. Determine whether pesticides are highly toxic to humans and wh…

N.D.C.C. § 4.1-34-07 Enforcement

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The commissioner shall examine pesticides or devices for compliance with this chapter. If after examination the commissioner intends to initiate criminal proceedings against any person, the commissioner shall cause appropriate notice to be given to the person. Any person notified…

N.D.C.C. § 4.1-34-08 Stop-sale orders

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The commissioner may issue and enforce a stop-sale order to the owner or custodian of any pesticide when the commissioner finds that the product is being offered for sale in violation of this chapter. The order must direct the product be held at a designated place until released …

N.D.C.C. § 4.1-34-09 Exemptions

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1. The penalties provided for violations of section 4.1-34-02 do not apply to: a. A carrier while lawfully engaged in transporting a pesticide within this state, if the carrier, upon request, permits the commissioner to copy all records showing the transactions in and movement of…

N.D.C.C. § 4.1-34-10 Minimum-risk pesticide exemption

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1. Section 4.1-34-02 does not apply to any person who distributes, sells, or offers for sale within this state or delivers for transportation or transports in intrastate commerce or between points within this state through any point outside this state a minimum-risk pesticide exe…

N.D.C.C. § 4.1-34-11 Penalties

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Any person violating this chapter is guilty of an infraction. If a registrant was issued a warning by the commissioner under this chapter, upon violating this chapter, other than subdivision a of subsection 1 of section 4.1-34-02, that registrant is guilty of a class A misdemeano…

N.D.C.C. § 4.1-34-12 Seizures

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1. Any pesticide or device that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state is liable to be proceeded against in any prop…

N.D.C.C. § 4.1-34-13 Cooperation

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The commissioner may cooperate and enter agreements with any other agency of this state or of the federal government or any other state or agency thereof for the purpose of carrying out this chapter and securing uniformity of regulations.

N.D.C.C. § 4.1-34-14 Experimental use permits

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If the state is authorized by the administrator of the United States environmental protection agency to issue experimental use permits, the commissioner may: 1. Issue an experimental use permit to an applicant if the commissioner determines that the applicant requires the permit …

N.D.C.C. § 4.1-34-15 Minimum-risk pesticide - Certificate of exemption

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1. Section 4.1-34-02 does not apply to any person who distributes, sells, or offers for sale within this state or delivers for transportation or transports in intrastate commerce or between points within this state through any point outside this state a minimum-risk pesticide exe…

N.D.C.C. § 4.1-35-01 Definitions

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As used in this chapter: 1. "Chemigation" means any process by which chemicals, including pesticides and fertilizers, are applied to land or crops through an irrigation system. 2. "Commissioner" means the agriculture commissioner and includes any employee or agent designated by t…

N.D.C.C. § 4.1-35-02 Compliance with rules

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Farm irrigation systems used for chemigation which are designed, constructed, and operated in compliance with rules adopted under this chapter are considered to be in compliance with this chapter.

N.D.C.C. § 4.1-35-03 Rules - Standards for chemigation, installation, maintenance, and modifications

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The commissioner shall adopt rules regulating chemigation through irrigation systems in this state to minimize the possibility of chemical, pesticide, fertilizer, or other contamination of irrigation water supply and other rules as necessary to implement this chapter. The commiss…

N.D.C.C. § 4.1-35-04 Inspections - Assistance of department of water resources

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The department of water resources shall cooperate with the commissioner in the inspection of any irrigation system using chemigation. The department shall inform the commissioner of any violation of this chapter which is discovered in the course of the department's regular inspec…

N.D.C.C. § 4.1-35-05 Enforcement

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1. The commissioner shall enforce this chapter and any rules adopted under this chapter. 2. The commissioner may seek an injunction in the district court in the county in which a violation occurs or may issue a cease and desist order to any person for any alleged violation of thi…

N.D.C.C. § 4.1-35-06 Penalties

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1. Any person who violates a provision of this chapter or any rule adopted under this chapter is guilty of a class A misdemeanor. 2. When construing and enforcing the provisions of this chapter or any rules adopted under this chapter, the act, omission, or failure of any officer,…

N.D.C.C. § 4.1-36-01 Pesticide and pesticide container disposal program - Pesticide container management - Compensation

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1. The definitions contained in section 4.1-33-01 apply to this chapter. 2. In consultation with an advisory board consisting of the state health officer and director of the North Dakota state university extension service, two individuals selected by the agriculture commissioner …

N.D.C.C. § 4.1-36-02 Project scope and evaluation

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The project described in section 4.1-36-01 must occur in areas to be determined by the agriculture commissioner in consultation with the advisory board described in section 4.1-36-01.

N.D.C.C. § 4.1-36-03 Project safe send pesticide and pesticide container collection - User fees

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The agriculture commissioner, in consultation with the advisory board for the project safe send pesticide and pesticide container disposal program, may charge a fee for collection of rinsate. The fees must be established at a level that will generate enough revenue to cover the c…

N.D.C.C. § 4.1-36-04 Report on pesticide container disposal program

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The agriculture commissioner shall submit a biennial report to a joint meeting of the house of representatives and senate agriculture committees on the status of the pesticide container disposal program.

N.D.C.C. § 4.1-37-01 Anhydrous ammonia safety rules

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The agriculture commissioner shall adopt rules necessary to implement this chapter and adopt the 2014 American national standard safety requirements for the storage and handling of anhydrous ammonia. The commissioner may adopt rules that deviate from the 2014 American national st…

N.D.C.C. § 4.1-37-02 Definitions

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As used in this chapter, unless the context otherwise requires: 1. "Anhydrous ammonia storage facility" means a bulk anhydrous ammonia storage facility with a capacity exceeding six thousand gallons [22712.47 liters] which is owned or operated by a user or vendor of anhydrous amm…

N.D.C.C. § 4.1-37-03 License required - Anhydrous ammonia facilities and mobile storage container

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1. The owner or operator of an anhydrous ammonia storage facility or a mobile storage container shall apply to the agriculture commissioner for a license to site and operate the facility or mobile storage container. Neither an anhydrous ammonia storage facility nor mobile storage…

N.D.C.C. § 4.1-37-04 State license fee

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The agriculture commissioner shall charge a one-time twenty-five dollar fee for a private anhydrous ammonia storage facility or a mobile storage container license, and a one-time one hundred dollar fee for a retail anhydrous ammonia storage facility or a mobile storage container …

N.D.C.C. § 4.1-37-05 State siting requirements - Anhydrous ammonia storage facilities constructed after June 30, 1985

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For facilities constructed after June 30, 1985: 1. Any anhydrous ammonia storage facility with a container nominal capacity of less than one hundred thousand gallons [378541.2 liters] must be located at least: a. Fifty feet [15.24 meters] from the line of any adjoining property, …

N.D.C.C. § 4.1-37-06 Transfer hose requirements

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1. Any transfer hose utilized at an anhydrous ammonia storage facility: a. Which is a liquid transfer hose and is not drained of liquid upon completion of transfer operations must be equipped with an approved shutoff valve at the discharge end. b. Must have a hydrostatic relief v…

N.D.C.C. § 4.1-37-07 Pressure relief devices

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Bulk storage containers constructed according to the American society of mechanical engineers code, and all nurse tanks, must be equipped with pressure relief valves constructed according to the American society of mechanical engineers code and capacity certified by the national …

N.D.C.C. § 4.1-37-08 Inspection

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1. The agriculture commissioner shall develop and implement an initial and periodic inspection program for anhydrous ammonia storage facilities. 2. The agriculture commissioner shall inspect each anhydrous ammonia storage facility at least once every five years and may inspect an…

N.D.C.C. § 4.1-37-09 Reinstalled and secondhand anhydrous ammonia storage containers - Requirement

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1. A person intending to store anhydrous ammonia in a reinstalled or secondhand container, including a nurse tank, shall furnish the agriculture commissioner with: a. Evidence that the container is registered with the national board of boiler and pressure vessel inspectors; or b.…

N.D.C.C. § 4.1-37-10 Use of fees - Safety promotion - Administration - Inspections

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All fees collected under this chapter must be used by the agriculture commissioner to promote safety in anhydrous ammonia use and storage, administer the program, and inspect facilities.

N.D.C.C. § 4.1-37-11 Prohibitions

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The following actions are prohibited: 1. Filling a nurse tank directly from a railcar; 2. Filling or using a nurse tank that has an outdated hose; 3. Filling or using a nurse tank that has outdated relief valves; 4. Towing more than two nurse tanks on a public road; 5. Filling de…

N.D.C.C. § 4.1-37-12 Anhydrous ammonia - Bulk delivery

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Upon obtaining a commercial driver's license with an endorsement for hazardous materials, an individual may transport anhydrous ammonia in a bulk delivery vehicle and fill nurse tanks with anhydrous ammonia from the bulk delivery vehicle.

N.D.C.C. § 4.1-37-13 Hydrostatic test procedures

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Any hydrostatic test conducted under section 4.1-37-05 must comply with the requirements of the national board inspection code (ANSI-NB 23) and be conducted in a manner approved by the agriculture commissioner.

N.D.C.C. § 4.1-37-14 Wet fluorescent magnetic particle test procedures

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Any wet fluorescent magnetic particle test of a pressure vessel weld conducted under section 4.1-37-05 must comply with the requirements of the society for nondestructive testing SNT-TC-1A standard and must be conducted by a person certified as a level II technician by the societ…

N.D.C.C. § 4.1-37-15 Enforcement

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1. The agriculture commissioner shall enforce the requirements of this chapter and any rules issued under it. 2. The commissioner may bring an action to enjoin the violation or threatened violation of this chapter, or any rule issued pursuant to this chapter, in the district cour…

N.D.C.C. § 4.1-37-16 Penalty

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1. Any person violating this chapter is guilty of a class A misdemeanor. 2. When construing and enforcing this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person is deemed to be the act, omission, or failure of the p…

N.D.C.C. § 4.1-38-01 Risk management program - Anhydrous ammonia

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To determine compliance with the risk management program requirements set forth in section 112 of the Clean Air Act of 1990 [42 U.S.C. 7401 et seq.], as amended through June 30, 2011, the agriculture commissioner may: 1. Request information from any person that: a. Sells, stores,…

N.D.C.C. § 4.1-38-02 Risk management program - Enforcement authority

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If the agriculture commissioner determines there is noncompliance on the part of any person that sells, stores, or handles anhydrous ammonia for agricultural purposes and that is required to comply with the risk management program requirements referenced in section 4.1-38-01, the…

N.D.C.C. § 4.1-39-01 Crop protection product harmonization and registration board - Recovery of funds

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The crop protection product harmonization and registration board may accept funds for expenses paid relating to the registration of pesticides or donations offered to or for the benefit of the board. All moneys received under this section must be deposited in the minor use pestic…

N.D.C.C. § 4.1-39-02 Crop protection product harmonization and registration board - Membership - Duties - Grants

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1. The crop protection product harmonization and registration board consists of: a. The governor or the governor's designee; b. The agriculture commissioner or the commissioner's designee; c. The chairman of the house agriculture committee or the chairman's designee; d. The chair…

N.D.C.C. § 4.1-39-03 Crop protection products - Canadian labels

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The agriculture commissioner, with the advice and consent of the appropriate agricultural commodity group, may authorize the sale and use in this state of a crop protection product that has a Canadian label, if the commissioner determines that a crop protection product having an …

N.D.C.C. § 4.1-39-04 Special local needs exemption - Tolerances

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The agriculture commissioner, in cooperation with the environmental protection agency, shall use tolerance data established or obtained in North America in pursuing special local needs exemptions for crop protection products under the Federal Insecticide, Fungicide, and Rodentici…

N.D.C.C. § 4.1-39-05 Crop protection products - Registration process - Joint labeling

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The governor and the agriculture commissioner shall work with all appropriate public and private entities to foster the development of a single, uniform process for the joint North American labeling of crop protection products not available for sale and use in this state as of Ap…

N.D.C.C. § 4.1-39-06 Crop protection products - Request to petition for registration

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On the written request of any agricultural commodity group, the agriculture commissioner shall petition the environmental protection agency for the American registration of a crop protection product approved for use in Canada.

N.D.C.C. § 4.1-39-07 Environment and rangeland protection fund

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The environment and rangeland protection fund is a special fund in the state treasury. The moneys in this fund may be used for rangeland improvement projects and to address issues relating to harmonization of crop protection product standards. The rangeland improvement projects m…

N.D.C.C. § 4.1-39-08 Minor use pesticide fund - Continuing appropriation

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The minor use pesticide fund is created as a special fund in the state treasury. All moneys in the fund are appropriated on a continuing basis to the crop protection product harmonization and registration board for the purpose of conducting or commissioning studies, investigation…