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North Dakota Statutes, Title 4.1

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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. § 4.1-44-04 Agricultural commodity promotion groups to report to the legislative assembly - Report contents
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1. From the first to the tenth legislative day of each regular legislative session, the following entities must file a uniform report at a public hearing before the standing agriculture committee of each house of the legislative assembly: a. The North Dakota ethanol council; b. T…
N.D.C.C. § 4.1-44-05 North Dakota agricultural hall of fame - Establishment - Induction
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The North Dakota agricultural hall of fame is established at the North Dakota winter show. 1. To be eligible for induction into the North Dakota agricultural hall of fame, an individual must: a. Have reached the age of forty-five; b. Have been involved in the state's agricultural…
N.D.C.C. § 4.1-44-06 North Dakota agricultural hall of fame committee - Members
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1. The North Dakota agricultural hall of fame committee consists of the following individuals, each of whom must be selected by the governing body of the entity or the official to be represented: a. A representative of the North Dakota winter show; b. A representative of agricult…
N.D.C.C. § 4.1-44-07 Purple coneflowers (Echinacea purpurea or Echinacea angustifolia) - Unauthorized removal - Penalty

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1. It is a class A misdemeanor for any person to willfully enter upon state-owned land or land owned by another and remove or attempt to remove a purple coneflower, Echinacea purpurea or Echinacea angustifolia, from the land without the express written consent of the landowner. A…

N.D.C.C. § 4.1-44-08 Genetically modified seed - Patent infringement - Sampling - Mediation

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1. For purposes of this section, "farmer" means the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred. 2. a. Before a person holding a patent on a genetically modified seed ma…

N.D.C.C. § 4.1-45-01 State fair association - North Dakota state fair

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The North Dakota state fair association shall conduct an annual North Dakota state fair, including exhibition of the agricultural, stockbreeding, horticultural, mining, mechanical, industrial, and other products and resources of this state. The North Dakota state fair must be hel…

N.D.C.C. § 4.1-45-02 State fair association members

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1. The state fair association membership must be selected in the following manner: a. Three members must be chosen annually from each county, who are residents of the county. From each county, one member must be selected by the county fair board, one member selected by the board …

N.D.C.C. § 4.1-45-03 Meetings of the association - Time and place - Notice

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1. The annual meeting of the state fair association must be held as provided in the bylaws of the association. The annual meeting must include election of directors and the transaction of other business of the association. If the election of directors is not held on the day desig…

N.D.C.C. § 4.1-45-04 Compensation and expenses of members

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Each member of the board of directors is entitled to receive compensation in the amount of one hundred thirty-five dollars per day plus reimbursement of expenses as provided by law for state officers while attending meetings or performing duties directed by the board. The board o…

N.D.C.C. § 4.1-45-05 Board of directors - Terms

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The affairs of the state fair association must be managed by its board of directors, which must consist of nine members unless otherwise provided in the association bylaws. A decrease in the number of directors may not affect the term of any incumbent director. Each director shal…

N.D.C.C. § 4.1-45-06 Annual meeting of the board of directors - Special meetings - Notice

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1. A regular annual meeting of the board of directors must be held immediately after and at the same place as the annual meeting of the association. Notice of the regular annual meeting of the board of directors must be included in the notice of the annual meeting of the state fa…

N.D.C.C. § 4.1-45-07 Quorum of board of directors to transact business

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A majority of the board of directors constitutes a quorum for the transaction of business at any meeting of the board. If less than a majority of the directors are present at a meeting, a majority of those present may adjourn the meeting from time to time without further notice. …

N.D.C.C. § 4.1-45-08 Vacancies and special compensation of board members

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Any vacancy occurring on the board of directors must be filled by the board of directors for the unexpired term of the vacancy. The board of directors may contract for and pay directors rendering unusual or exceptional services to the association special compensation appropriate …

N.D.C.C. § 4.1-45-09 Officers - Removal - Vacancies

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The officers of the association must be a president, vice president, secretary, treasurer, and such other officers as may be created by the board of directors. An officer of the association shall perform the duties of the office as prescribed by law, the bylaws, or the board of d…

N.D.C.C. § 4.1-45-10 Officers - Duties

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1. The president is the principal executive officer of the association and shall supervise and control the business and affairs of the association and preside at all meetings of the association and the board of directors. The president may sign, with the secretary or any other of…

N.D.C.C. § 4.1-45-11 Director's liability limited

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The individual members of the board of directors of the state fair association are not liable for the negligence of any person, firm, corporation, or limited liability company staging any show, race, or other amusement at the state fair, nor for the negligence of any person emplo…

N.D.C.C. § 4.1-45-12 Bylaws, rules, and regulations

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The state fair association may make all bylaws, rules, and regulations, not inconsistent with law, which it deems necessary or proper to carry out its responsibilities under this chapter and for the government of the state fair grounds, and for all activities on the state fair gr…

N.D.C.C. § 4.1-45-13 Appointment of necessary employees

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The president, or any other person delegated the authority by the board of directors, shall appoint and employ deputies and other subordinates; contractors, architects, builders, clerks, accountants, and other experts; and agents and servants as required to carry out the function…

N.D.C.C. § 4.1-45-14 State fair operating fund - Continuing appropriation

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A special fund for the North Dakota state fair association to be known as the state fair operating fund must be maintained in the state treasury. All income, fees, rents, interest, and any other moneys, from any source derived by the state fair association, must be deposited in t…

N.D.C.C. § 4.1-45-15 Organization under corporation laws - Real property transactions - Contracts

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The state fair association has the rights, privileges, and liabilities of a corporation under the corporation laws of this state except as provided by this chapter. The association may purchase, hold, lease, exchange, trade, or sell real estate for the purpose of promoting and co…

N.D.C.C. § 4.1-45-16 Name in which business conducted and titles taken - Execution of written instruments

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All business of the association must be conducted under the name of "North Dakota state fair association". Title to property obtained in regard to the operation of the association must be obtained and conveyed in the name of the state of North Dakota, doing business as the North …

N.D.C.C. § 4.1-45-17 Certified audit of state fair association

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The state fair association shall submit annually to the governor and the legislative audit and fiscal review committee an audit report prepared by a certified public accountant based upon an audit of all records and accounts of the association.

N.D.C.C. § 4.1-45-18 Attorney general to act as legal adviser

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The attorney general shall appoint an assistant attorney general or a special assistant attorney general to provide legal assistance to the state fair association. The appointment is revocable at the pleasure of the attorney general. This section does not prohibit the state fair …

N.D.C.C. § 4.1-45-19 Law enforcement - Arrangements with local law enforcement agencies

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The state fair association shall make arrangements with local law enforcement agencies for the provision of law enforcement personnel. For the purpose of enforcing any state and local laws, rules, regulations, bylaws, and ordinances of the state fair association, negotiations may…

N.D.C.C. § 4.1-45-20 Service of process

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In any action or proceeding upon a claim arising out of the conduct of the state fair, service of process may be made as provided in section 53-05-04.

N.D.C.C. § 4.1-45-21 Regulation and licensing

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The state fair association shall regulate all shows, exhibitions, performances, establishments, and privileges carried on during the state fair and ensure those enterprises are properly licensed according to local and state laws. The state fair association may license any enterpr…

N.D.C.C. § 4.1-45-22 Nonliability of state for debts - Exception

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The state is not liable for any of the debts or liabilities of the state fair association except as appropriations are made for that purpose by the legislative assembly.

N.D.C.C. § 4.1-45-23 Annual report

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The secretary or other officer charged with compiling an annual report of the proceedings of the state fair association and its financial condition for the preceding fiscal year by the annual meeting shall file a copy in the office of the agriculture commissioner. The commissione…

N.D.C.C. § 4.1-45-24 The Iverson grandstand

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The grandstand constructed by the state fair association on the state fairgrounds during the 2009-11 biennium is designated the Iverson grandstand.

N.D.C.C. § 4.1-47-01 Definitions

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As used in this chapter: 1. "Board member area" means a geographical area within the county from which a member of the weed board is appointed. 2. "City weed control officer" means an individual designated by a city weed board to be responsible for the operation and enforcement o…

N.D.C.C. § 4.1-47-02 Control of noxious weeds

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1. Each person shall do all things necessary and proper to control the spread of noxious weeds. 2. No person may distribute, sell, or offer for sale within this state a noxious weed.

N.D.C.C. § 4.1-47-03 Noxious weed control - Agriculture commissioner - Powers

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The commissioner may enter upon any land in the state to perform duties and to exercise powers under this chapter, including taking specimens of weeds or other materials, without the consent of the landowner or other person responsible for the land and without being subject to an…

N.D.C.C. § 4.1-47-04 Noxious weed control - Agriculture commissioner - Duties

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The commissioner shall: 1. Maintain a state noxious weed list; 2. Direct the removal of a noxious weed from a county or city noxious weed list if the commissioner, after consultation with the respective weed board and the North Dakota state university extension service, determine…

N.D.C.C. § 4.1-47-05 State noxious weed list - Compilation

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1. Before the commissioner may add a weed to or remove a weed from the state noxious weed list, the commissioner shall consult with the North Dakota state university extension service. 2. Before January 1, 2010, and at least every five years thereafter, the commissioner shall rev…

N.D.C.C. § 4.1-47-06 County weed board - Members - Terms - Compensation

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1. Each board of county commissioners shall: a. Establish contiguous county weed board member areas; or b. Determine that county weed board members must be appointed at large. 2. The board of county commissioners shall appoint a county weed board consisting of three, five, or sev…

N.D.C.C. § 4.1-47-07 County weed board - Jurisdiction

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The jurisdiction of a county weed board extends to all land within the county but does not include any land within the corporate limits of a city if that city has its own noxious weed control program under this chapter.

N.D.C.C. § 4.1-47-08 County weed board - Powers

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A county weed board may: 1. Expend funds from all available sources if it determines that the extent of noxious weed infestation on certain land is so severe that control efforts would place an extreme financial burden on the landowner. 2. Employ and compensate additional personn…

N.D.C.C. § 4.1-47-09 County weed board - Duties

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Each county weed board shall: 1. Implement a program for the control of noxious weeds; 2. Provide for the control of noxious weeds along county and township roads and along county highways; 3. Establish the time and place of regular board meetings; 4. Meet at least once each year…

N.D.C.C. § 4.1-47-10 County weed board - Development of county weed list

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1. A county weed board may designate as noxious certain weeds that are not on the state noxious weed list, provided the county weed board consults with the North Dakota state university extension service and that the designation is approved by the commissioner. 2. Before January …

N.D.C.C. § 4.1-47-11 County weed control officer - Membership on county weed board - Employment

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1. A county weed control officer may serve as a member of the weed control board by which the officer is employed if the officer is otherwise qualified to do so. 2. An individual may be employed as a weed control officer by several weed boards simultaneously.

N.D.C.C. § 4.1-47-12 County weed control officer - Powers

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A county weed control officer may enter upon any land within the jurisdiction of the officer to perform duties and to exercise powers under sections 4.1-47-01 through 4.1-47-30, including taking specimens of weeds or other materials, without the consent of the landowner or other …

N.D.C.C. § 4.1-47-13 County weed control officer - Duties

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The county weed control officer shall: 1. Cooperate with the board and be responsible for the operation and enforcement of this chapter within the county; 2. Become acquainted with the location of noxious weeds within the county; 3. Meet the pesticide certification requirements s…

N.D.C.C. § 4.1-47-14 County noxious weed control program - Payment of expenses - Financial report - Tax levy authorization

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1. The board of county commissioners may pay the expenses of a county noxious weed control program authorized under this chapter from the county general fund, the noxious weed control fund, or both. In addition to the other program expenditures authorized in this chapter, the boa…

N.D.C.C. § 4.1-47-15 State appropriations for noxious weed control - Distribution - Determination

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1. The commissioner shall consult with the county and city weed boards and develop a method for the distribution to county and city weed boards of all moneys appropriated by the state for noxious weed control, other than the landowner assistance grants provided for in section 4.1…

N.D.C.C. § 4.1-47-16 State appropriations for noxious weed control - Landowner assistance program

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1. The commissioner shall consult with representatives of county and city weed boards and develop a formula for the distribution to eligible county weed boards and eligible city weed boards of all moneys appropriated by the state for the landowner assistance program. 2. a. The fo…

N.D.C.C. § 4.1-47-17 Control of noxious weeds within cities

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The governing body of any city having a population of three thousand or more may establish a program for the control of noxious weeds within the jurisdictional limits of the city. If a program is not established, the county weed board shall administer a program for the city.

N.D.C.C. § 4.1-47-18 City weed board members - Terms - Compensation

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1. If the governing body of a city elects to establish a noxious weed control program, as authorized by section 4.1-47-17, the governing body shall appoint a weed board consisting of three, five, or seven members. 2. The term of office for a board member is four years or until a …

N.D.C.C. § 4.1-47-19 City weed board - Powers

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A city weed board may: 1. Expend funds from all available sources if it determines that the extent of noxious weed infestation on certain land is so severe that undertaking control efforts would place an extreme financial burden on the landowner. 2. Employ and compensate addition…

N.D.C.C. § 4.1-47-20 City weed board - Duties

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Each city weed board shall: 1. Implement a program for the control of noxious weeds; 2. Establish the time and place of regular board meetings; 3. Meet at least once each year; 4. Keep minutes of its meetings and a complete record of all official acts; 5. Control and disburse all…

N.D.C.C. § 4.1-47-21 City weed board - Development of city weed list - Review - Removal

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1. A city weed board may designate as noxious certain weeds that are not on the state or county noxious weed list, provided the city weed board first consults with the North Dakota state university extension service and that the designation is approved by the commissioner. 2. Bef…