Title 4.1, Agriculture

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…

1. A city 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.

A city weed control officer may enter upon any land within the jurisdiction of the officer 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…

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

1. The governing body of a city may provide funding for a city noxious weed control program authorized under this chapter from revenues derived from its general fund levy authority. 2. The city weed board may annually request the governing body of a city to provide funds derived …

Each state agency shall provide for the control of noxious weeds on land within its jurisdiction. If a state agency fails to control noxious weeds on land under its jurisdiction, the county weed board, upon approval of the commissioner, may enter upon the land to control the noxi…

Law enforcement agents shall cooperate with the commissioner, a weed control board, and a weed control officer for the purpose of enforcing this chapter.

1. a. If a county weed officer determines that any land other than that referenced in subsection 2 contains noxious weeds, the county weed control officer may first contact the occupant and request that the occupant control the noxious weeds within a prescribed time period and in…

1. If the commissioner determines that a quarantine of this state or any portion thereof may be necessary to prevent the spread of noxious weeds, the commissioner shall schedule a public hearing on the matter and provide notice of the hearing by publishing its time, place, and da…

1. a. A person may not willfully transport any material that contains noxious weed seeds or propagating parts, on a public road, in a manner that allows for the dissemination of noxious weeds. b. A person may not willfully drive or transport any equipment, on a public road, in a …

1. a. In addition to any other penalties provided for in this chapter, a person who violates this chapter or any rules adopted under this chapter is subject to a civil penalty in an amount not to exceed eighty dollars per day for each day of violation, subject to a maximum penalt…

1. a. If an individual filed a signed complaint with a county weed board or the county weed control officer and if the individual believes that the complaint has not been addressed satisfactorily within twenty-one days from the date of the complaint, the individual may file a wri…

1. If a county or a city weed board determines that an invasive species is present within its jurisdiction, the weed board shall notify the commissioner. 2. a. If funds for the control of invasive species are available to the commissioner, the commissioner may forward the funds t…

1. If requested by any person needing certification, a county weed board may certify, based on standards set by the commissioner after consulting with representatives of county or city weed boards, gravel, scoria, topsoil, or sand surface mining operations are not contaminated wi…

In this chapter, unless the context or subject matter otherwise requires: 1. "Buyer" means an individual, group of individuals, organization, or entity that in the ordinary course of business buys potatoes or byproducts of potatoes grown in this state or that contracts with a pot…

The following prohibited acts or practices, when engaged in by a buyer in connection with a potato production contract or purchase involving potatoes constitute unfair acts or practices for purposes of this chapter. A buyer may not: 1. Use coercion, intimidation, the threat of re…

A person who engages in conduct that constitutes an unfair act or practice under section 4.1-48-02 is liable to a producer for all damages caused to the producer by the unfair act or practice.

There is an implied promise of good faith by all parties to a potato production contract. In an action to recover damages, if the court or a jury finds there has been a breach of the implied promise of good faith, in addition to other damages authorized by law, attorney's fees an…

1. A contractor may not terminate or cancel a contract that requires a producer to make a capital investment in buildings or equipment that cost one hundred thousand dollars or more and have a useful life of five or more years until: a. The producer has been given written notice …

The North Dakota seed department is the official seed-certifying agency of the state. The seed department must be located on the campus of North Dakota state university.

The seed department shall use an official departmental seal that has been recorded in the office of the secretary of state.

The seed commission is the governing board of the seed department. The seed commission consists of the following members: 1. An individual appointed by the North Dakota crop improvement association; 2. An individual appointed by the North Dakota certified seed potato growers asso…

1. The agriculture commissioner shall serve as the chairman of the seed commission. 2. The chairman shall call all regular meetings of the seed commission and shall call a special meeting within seven days if petitioned to do so by two members of the seed commission. 3. The seed …

If a member of the seed commission is unable to attend a meeting of the commission, the member may appoint a proxy. The appointment must be in writing and must be presented to the chairman. The vote of the proxy is final.

Each member of the seed commission, except the agriculture commissioner and the director of the agricultural experiment station, is entitled to receive compensation at the rate of one hundred thirty-five dollars per day and reimbursement for expenses, as provided by law for state…

The seed commission may: 1. Establish branch offices and laboratories at locations in this state, other than the campus of North Dakota state university, if the seed commissioner determines that the offices and laboratories are necessary to carry out the duties of the seed commis…

The seed commission shall: 1. Appoint a seed commissioner; 2. Compensate the seed commissioner; and 3. Review the appointment of a seed commissioner, annually.

The seed commissioner may: 1. Contract with North Dakota state university for the use of facilities and equipment; 2. Contract with any person for any lawful purpose; 3. Enter upon real property and access any structure and personal property, at any time, to: a. Inspect, sample, …

The seed commissioner shall: 1. Manage the seed department; 2. Provide, equip, and maintain offices, laboratories, and any other facilities necessary to carry out this chapter, subject to the approval of the seed commission; 3. Employ and compensate necessary personnel; 4. Permit…

1. The seed commissioner shall forward all moneys received under the chapters over which the commissioner has authority to the state treasurer for deposit in a special fund known as the seed department fund. All moneys in the seed department fund are appropriated on a continuing …

In this chapter, unless the context otherwise requires: 1. "Agricultural seed" means: a. The seed of cereal, fiber, forage, grass, or oil crops; b. Irish potato seed tubers; c. Lawn seed; d. Any other seed designated by the seed commissioner as agricultural seed; and e. Any mixtu…

1. a. Agricultural seed offered for sale or sold in this state, for planting purposes, must be labeled. b. The requirements of subdivision a extend to agricultural seed used for cover crops. 2. a. If the agricultural seed is offered for sale or sold in a container, the label must…

A label required by section 4.1-53-12 must include: 1. The lot number or other lot identification; 2. a. The state or foreign country in which the seed was grown; or b. A statement indicating that the origin of the seed is unknown; 3. The percentage by weight of all weed seed; 4.…

1. In addition to any other requirements set forth in this chapter, if the seed has been treated, the label must indicate that the treatment has occurred and must include the commonly accepted, coined, chemical, or abbreviated chemical name of the substance used in the treatment.…

In addition to any other label requirements set forth in this chapter, if agricultural seed that is offered for sale or sold is in a container that has been hermetically sealed, the label must so indicate.

1. In addition to any other label requirements set forth in this chapter, the label on each container of barley, canola, dry beans, durum, field peas, flax, oats, soybeans, and wheat seed offered for sale or sold in this state for planting purposes must include: a. The kind of ea…

The seed of barley, canola, dry beans, durum, field peas, flax, oats, soybeans, and wheat may be sold by brand, provided the true variety name or number is clearly stated on the label.

In addition to any other requirements set forth in this chapter, if the agricultural seed is canola, the seed must: 1. Have been certified by the seed commissioner as meeting the standards of this state; or 2. Have been certified by the appropriate agency of another state or coun…

If more than ten percent of the whole consists of an aggregate of agricultural seed components, each present in an amount not exceeding five percent of the whole, the label must include each component in excess of one percent of the whole named together with the percentage by wei…

If agricultural seed is sold in quantities of five pounds [2.26796 kilograms] or less, the container into which the seed is placed is exempt from the labeling requirements of this chapter provided: 1. The container from which the seed is taken is in compliance with the labeling r…

1. Each container of vegetable seed offered for sale or sold in this state, for planting purposes, must be labeled. 2. The label must be plainly printed in English and placed conspicuously on or attached to the container.

The label for vegetable seed packed in units of one pound or less and the label for vegetable seed on prepared mats, tapes, or in preplanted containers must include: 1. The kind and variety of seed; 2. The lot number or other lot identification; 3. The full name and address of th…

If the germination test referenced in section 4.1-53-22 results in a finding that the seed does not meet the standards for germination, as established by the commissioner, the label must include: 1. The percentage of germination, exclusive of hard seed; 2. The percentage of hard …

1. The label for any vegetable seed other than that referenced in section 4.1-53-22 must include: a. The lot number or other lot identification; b. (1) The kind and variety of vegetable seed present in excess of five percent by weight; (2) The percentage by weight of each seed re…

If the vegetable seeds are on a mat, on tape, or in some other germination medium, and the quantity of seed cannot be readily determined, the label must include the minimum number of seeds per definable unit.

1. In addition to any other requirements set forth in this chapter, if the vegetable seed has been treated, the label must indicate that the treatment has occurred and must include the commonly accepted, coined, chemical, or abbreviated chemical name of any substance used in the …