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North Dakota Statutes, Title 4.1

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Title 4.1, Agriculture

66 chapters · 1,070 sections in this title.

All chapters in Title 4.11,070 Ch 4.1-58, Grain and Seed Warehouses56 Ch 4.1-25, Dairy Product Regulation53 Ch 4.1-20, Soil Conservation49 Ch 4.1-53, Seeds49 Ch 4.1-26, Milk Marketing Board36 Ch 4.1-01, Agriculture Commissioner34 Ch 4.1-47, Noxious Weed Control34 Ch 4.1-59, Grain Buyers34 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

1,070 sections·Filtered byTitle 4.1✕

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…

N.D.C.C. § 4.1-40-01 Definitions

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As used in this chapter: 1. "Brand" means a term, design, or trademark, used in connection with one or several grades of fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendments, or plant amendments. 2. "Bulk" means in a nonpackaged form. 3. "Compost…

N.D.C.C. § 4.1-40-02 Product registration - Fees

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1. Each brand and grade of fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, and plant amendment must be registered in the name of the person whose name appears upon the label before being offered for sale or distributed in this state. 2. The a…

N.D.C.C. § 4.1-40-03 Distributor's license - Fees

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1. A person may not distribute any fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment in this state without first obtaining a distributor's license from the commissioner. 2. A license is required for each location or mobile me…

N.D.C.C. § 4.1-40-04 Proof of effectiveness

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The commissioner may require proof of claims made for any product covered by this chapter and may require proof of value when used as directed or recommended. The commissioner must rely on data from scientifically designed and reported studies conducted under conditions similar t…

N.D.C.C. § 4.1-40-05 Guaranteed analysis

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1. Guaranteed analysis must be claimed as follows: a. Total Nitrogen (N) _____ percent; b. Available Phosphate (P2O5) _____ percent; and c. Soluble Potash (K2O) _____ percent. 2. The total phosphate or degree of fineness, or both, may also be guaranteed, in the case of unacidulat…

N.D.C.C. § 4.1-40-06 Label requirement

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Any fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment distributed in this state must be labeled. 1. If the product is in a container, the label must be plainly printed in English and conspicuously placed on or attached to the…

N.D.C.C. § 4.1-40-07 Inspection fees - Tonnage reports - Penalty

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1. a. An inspection fee of ten dollars or twenty cents per ton [907.18 kilograms], whichever is greater, must be paid to the commissioner on all fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendments, and plant amendments distributed in this state.…

N.D.C.C. § 4.1-40-08 Inspection, sampling, analysis

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1. To determine compliance with this chapter and rules implemented under this chapter, the commissioner may enter real property during regular business hours and access any structure or personal property to sample, inspect, analyze, and test fertilizers, fertilizer material, micr…

N.D.C.C. § 4.1-40-09 Misbranding

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1. A person may not distribute a misbranded fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment. 2. A fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment is misbranded if: a.…

N.D.C.C. § 4.1-40-10 Publications

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The commissioner may publish: 1. Information concerning the distribution of fertilizers, fertilizer material, micronutrients, specialty fertilizers, soil amendments, and plant amendments; and 2. Results of analyses based on official samples of fertilizers, fertilizer material, mi…

N.D.C.C. § 4.1-40-11 Rules

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The commissioner may adopt and enforce rules relating to investigational allowances, definitions, records, licensing, inspection, analysis, labeling, storage, and distribution of fertilizers, fertilizer material, micronutrients, specialty fertilizers, soil amendments, and plant a…

N.D.C.C. § 4.1-40-12 Deficiencies

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1. A product is deficient if: a. One or more of its guaranteed primary plant nutrients falls below the investigational allowances and compensations established by rule; b. One or more other guaranteed active ingredients falls below the investigational allowances and compensations…

N.D.C.C. § 4.1-40-13 Cancellation of registrations

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1. The commissioner, upon compelling evidence that a registrant, licensee, or distributor used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any implemented rule, may: a. Cancel the registration of any brand of fertilizer, fertilizer mat…

N.D.C.C. § 4.1-40-14 Stop-sale orders

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The commissioner may issue a "stop-sale, use, or removal" order to the owner or custodian of any lot of fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment, if the commissioner finds that the product is being offered for sale i…

N.D.C.C. § 4.1-40-15 Seizure, condemnation, and sale

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1. Any lot of fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment, not in compliance with this chapter or implemented rules, is subject to seizure upon the filing of a complaint by the commissioner with the district court of th…

N.D.C.C. § 4.1-40-16 Violations - Criminal penalty

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1. If evidence from the examination of any fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant amendment indicates this chapter or the implemented rules have been violated, the commissioner shall notify the registrant, licensee, manufact…

N.D.C.C. § 4.1-40-17 Violations - Civil penalty

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Any person that violates this chapter or an implemented rule is subject to a civil penalty in an amount up to two thousand five hundred dollars per violation. The civil penalty may be imposed by a court or by the agriculture commissioner in an administrative hearing.

N.D.C.C. § 4.1-40-18 Exchanges between manufacturers

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This chapter may not be construed to restrict or avoid sales or exchanges of fertilizers, fertilizer materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments to each other by importers, manufacturers, or manipulators that mix fertilizers, fertilizer …

N.D.C.C. § 4.1-41-01 Definitions

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In this chapter, unless the context otherwise requires: 1. "Brand name" means any word, name, symbol, or device, used singly or in combination, that identifies commercial feed and distinguishes it from that of all others. 2. "Commercial feed" means any materials, used singly or i…

N.D.C.C. § 4.1-41-02 Manufacturer's license - Retailer's license

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1. a. A person shall obtain a commercial feed manufacturer's license for each facility at which the person manufactures commercial feed if the person distributes the feed within this state. b. A person shall obtain a commercial feed manufacturer's license if the person's name app…

N.D.C.C. § 4.1-41-03 Product registration

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Each commercial feed manufacturer required to be licensed under this chapter shall register all feeds distributed in this state with the agriculture commissioner, at the time and in the manner required by the commissioner. This section does not apply to customer-formula feeds.

N.D.C.C. § 4.1-41-04 License - Registration - Hearing

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After providing an affected person with an opportunity for an informal hearing, the commissioner may: 1. Refuse to issue a license to an applicant that is not in compliance with this chapter; 2. Revoke an existing license if the licensee is not in compliance with this chapter; or…

N.D.C.C. § 4.1-41-05 Pet food - Specialty pet food - Registration - Exemption - Penalty

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1. Before being distributed in this state, each pet food product and each specialty pet food product must be registered with the commissioner. This requirement does not apply to a distributor, provided the pet food or specialty pet food is registered by another person. 2. To regi…

N.D.C.C. § 4.1-41-06 Commercial feed - Label - Content

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Except as provided in section 4.1-41-07, any commercial feed that is distributed in this state must be labeled. The label must include: 1. The product's name, including any brand name under which the product is distributed; 2. The product's weight, volume, or quantity, as appropr…

N.D.C.C. § 4.1-41-07 Customer-formula feed - Label - Content

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Any customer-formula feed that is distributed in this state must be labeled. 1. The label must include: a. The name and address of the manufacturer; b. The name and address of the purchaser; c. The date of delivery; d. The product's name; e. The quantity statement of each ingredi…

N.D.C.C. § 4.1-41-08 Inspection fee

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1. An inspection fee at the rate of twenty cents per ton [907.18 kilograms] is required for all commercial feed distributed in this state. The minimum fee payable under this section is ten dollars. 2. Subsection 1 does not apply if: a. The fee was paid earlier in the year by anot…

N.D.C.C. § 4.1-41-09 Inspection fee - Responsibility for payment - Report - Penalty

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1. The person responsible for payment of the inspection fee is: a. The manufacturer listed on the label; b. The guarantor listed on the label; or c. The distributor listed on the label. 2. Before the close of business on each February fifteenth, the person responsible for the pay…

N.D.C.C. § 4.1-41-10 Inspection fee - Records

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1. The person responsible for payment of the inspection fee shall maintain, for a period of three years, records of all transactions necessary to verify the statement of tonnage required by section 4.1-41-09. 2. The person shall make the records required by this section available…

N.D.C.C. § 4.1-41-11 Adulteration

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1. A person may not distribute any commercial feed that is adulterated. Commercial feed is adulterated if it: a. Contains any poisonous or harmful substance that may render the feed injurious to health. However, if the substance naturally occurs in the feed and is not an added su…

N.D.C.C. § 4.1-41-12 Misbranding

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A person may not distribute any commercial feed that is misbranded. Commercial feed is misbranded if: 1. Its label is false or misleading; 2. It is distributed under the name of another commercial feed; 3. It is not labeled in accordance with this chapter; 4. It purports to be or…

N.D.C.C. § 4.1-41-13 Inspection, sampling, analysis

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1. For purposes of enforcing this chapter, designated officers and employees of the commissioner may enter and inspect any factory, warehouse, establishment, or vehicle in which commercial feeds are manufactured, processed, packed, held for distribution, or transported, provided …

N.D.C.C. § 4.1-41-14 Detained commercial feeds

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1. If the agriculture commissioner has reasonable cause to believe a lot of commercial feed is being distributed in violation of this chapter or any rules implementing this chapter, the commissioner may issue a "withdrawal from distribution" order, prohibiting the distributor fro…

N.D.C.C. § 4.1-41-14.1 Prohibited acts

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Committing the following acts and causing the following acts are prohibited: 1. The manufacture or distribution of commercial feed that is adulterated or misbranded; 2. The adulteration or misbranding of commercial feed; 3. The distribution of agricultural commodities such as who…

N.D.C.C. § 4.1-41-15 Penalties

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1. It is a class A misdemeanor for any person to violate this chapter, the rules implementing this chapter, or impeding, obstructing, hindering, preventing, or attempting to prevent the agriculture commissioner from performing the commissioner's duties in connection with this cha…

N.D.C.C. § 4.1-41-16 Publications

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1. The commissioner may publish information regarding commercial feeds, including their production, sales, and use, and publish a comparison of the analyses of official samples of commercial feeds sold in this state with the analyses guaranteed in their registration and on their …

N.D.C.C. § 4.1-41-17 Cooperation with other entities

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The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, the federal government, and private associations to carry out this chapter.

N.D.C.C. § 4.1-41-18 Certificates - Fees

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The commissioner may: 1. Implement a program to inspect, audit, and certify commercial feed manufacturing and distribution facilities, at the request of an owner; 2. Issue commercial feed export certificates; and 3. Establish a schedule of fees for the services provided under thi…

N.D.C.C. § 4.1-41-19 Deposit of fees

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The commissioner shall forward all inspection fees, license fees, and registration fees received under this chapter to the state treasurer. The state treasurer shall deposit the first seven hundred twenty-seven thousand five hundred dollars of fees received under this chapter eac…

N.D.C.C. § 4.1-41-20 Administration - Rulemaking authority

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

N.D.C.C. § 4.1-43-01 Definitions

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As used in this chapter: 1. "Livestock medicine" means all devices, remedies, cures, tonics, powders, proprietary medicines, type A medicated articles, and similar preparations for the treatment or prevention of any disease of livestock, poultry, or other domestic animals which a…

N.D.C.C. § 4.1-43-02 Registration of livestock medicine

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The commissioner shall register any livestock medicine that does not violate this chapter, upon the completion of an application by the manufacturer or distributor of the livestock medicine and the payment of the registration fee prescribed in section 4.1-53-04. Registration of l…

N.D.C.C. § 4.1-43-03 Regulations for sale

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A person may not sell, offer for sale, expose for sale, or possess with the intent to sell, any livestock medicine: 1. That is sold under a name, brand, trademark, or labeling that is misleading, deceptive, false, or dangerous to animals under the conditions of use prescribed in …

N.D.C.C. § 4.1-43-04 Registration fee

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A registration fee of forty dollars must be paid to the commissioner for each livestock medicine that is registered prior to each two-year registration ending June thirtieth of every even-numbered year. An application for registration which is received by the commissioner after J…

N.D.C.C. § 4.1-43-05 Commissioner may cancel registration

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The commissioner may cancel the registration of any livestock medicine that is sold in violation of this chapter.

N.D.C.C. § 4.1-43-06 Commissioner may adopt rules, take testimony, grant public hearings

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The commissioner may adopt rules under chapter 28-32, governing applications for registration, the submission of samples for analysis, and all other matters necessary to give effect to this chapter. The commissioner may take expert and other testimony and, upon request, shall gra…