Title 4.1, Agriculture

1. Any person willfully violating this chapter is guilty of a class A misdemeanor. 2. Any person willfully violating this chapter is subject to a civil penalty in an amount not exceeding ten thousand dollars for each violation. The civil penalty may be imposed by the seed commiss…

As used in this chapter, unless the context otherwise requires, "potato" means an Irish potato.

1. In order to form a seed potato control area, five individuals who own land within the proposed area shall schedule and provide notice of a meeting that is open to all landowners and occupants in the proposed area. a. The notice must define the boundaries of the proposed seed p…

The petition to be circulated, as provided in section 4.1-56-02, must: 1. Describe the boundaries of the proposed seed potato control area; and 2. State the quality of seed that may be planted within the proposed seed potato control area.

1. Once the petition has been signed by at least eighty percent of the persons owning land in the proposed seed control area, the petition may be presented to the seed commissioner for approval. 2. If the seed commissioner determines that the petition meets the requirements of th…

1. Each seed potato control area must be governed by a committee consisting of three individuals who are appointed by the seed commissioner from a list of landowners or occupants within the control area. 2. The terms of office for members of the governance committee and its rules…

The governance committee may: 1. Expend moneys collected pursuant to this chapter; 2. Employ and compensate necessary personnel; 3. Accept gifts, grants, and donations of money, property, and services to carry out this chapter; and 4. Do all things necessary and proper to enforce…

The governance committee shall: 1. Keep a record of its expenses; 2. Submit the record to the seed commissioner at the time and in the manner required by the seed commissioner; and 3. Provide reports at the time and in the manner required by the seed commissioner.

A person may not plant or authorize the planting of seed potatoes other than those permitted within the seed potato control area.

1. The governance committee may impose an assessment at a rate determined by the committee, but not exceeding two and one-half cents per hundredweight [45.36 kilograms] on all seed potatoes produced within the control area. 2. Any person producing seed potatoes within the control…

A person producing seed potatoes in a seed potato control area may not ship or transport the seed potatoes out of the area unless the person pays the assessment provided for in this chapter.

The seed commissioner may by order: 1. Alter the boundaries of the seed potato control area; 2. Assign additional powers and duties to the governance committee; 3. Prescribe requirements for seed selection, seed treatment, field isolation, cultural practices, disease removal, and…

Upon a showing of good cause, or as otherwise authorized by this chapter, the seed commissioner may order the dissolution of a seed potato control area.

1. Any person willfully violating this chapter is guilty of a class A misdemeanor. 2. Any person willfully violating this chapter is subject to a civil penalty in an amount not exceeding ten thousand dollars for each violation. The civil penalty may be imposed by a court in a civ…

In this chapter, unless the context otherwise requires: 1. "Potato" means an Irish potato. 2. "Wholesale potato dealer" means any person who: a. Buys potatoes in wholesale lots directly from a producer or a producer cooperative; b. Sells or handles potatoes in wholesale lots for …

Before a person may engage in the business of a wholesale potato dealer, the person must be licensed by the seed commissioner.

To obtain a license as a wholesale potato dealer, a person must complete an application and submit it to the seed commissioner. The application must be signed by the applicant and notarized and must include: 1. The location in which the applicant intends to operate as a wholesale…

1. As a condition of licensure, the seed commissioner shall require an applicant to file: a. A cash bond or a surety bond, in an amount and form determined by the seed commissioner; or b. An irrevocable letter of credit. 2. The security required by the seed commissioner under sub…

The surety may terminate its liability under a bond by giving the seed commissioner at least ninety days' written notice of intent to terminate. The surety is released from all future liability accruing on the bond after the expiration of ninety days from the date the seed commis…

The seed commissioner shall establish the fee for a wholesale potato dealer's license, subject to approval by the seed commission. A license issued under this chapter expires on June thirtieth of each year.

The wholesale potato dealer shall post the license or a certified copy of the license in the office at each location where the dealer transacts business.

1. The seed commissioner may refuse to issue a license to operate as a wholesale potato dealer if: a. The applicant was refused a wholesale potato dealer's license by another state; b. The applicant had a wholesale potato dealer's license suspended or revoked by another state; or…

The seed commissioner may determine that an individual may not act as an authorized agent for a licensee if the individual was refused a wholesale potato dealer's license by another state or if the individual had a wholesale potato dealer's license suspended or revoked by another…

A wholesale potato dealer shall keep accurate accounts and retain records of all transactions as a dealer for eighteen months. The dealer shall make the records available to the seed commissioner upon request.

If a wholesale potato dealer sells, disposes of, or discontinues the business for which the dealer obtained a license during the period covered by the license, the dealer shall notify the seed commissioner in writing and, at the request of the seed commissioner, produce a stateme…

The seed commissioner at any time may increase the security required of a wholesale potato dealer. The seed commissioner at any time may require verified financial statements from a dealer. If a dealer fails to furnish the information or fails to provide increased security when d…

1. If a person notifies the seed commissioner that a wholesale potato dealer has breached any of the conditions for which security was given under this chapter, the seed commissioner shall investigate the allegation. 2. The seed commissioner may hold a hearing to obtain additiona…

Upon recovery of the trust fund, or so much of the fund as is possible to recover or necessary to pay all outstanding claims, the seed commissioner shall file a report in court showing the amount payable on each claim. If the fund is insufficient to pay all claims in full, the se…

Any expenses incurred by the seed commissioner in carrying out the duties set forth in sections 4.1-57-13 and 4.1-57-14 may be deducted from the trust fund.

1. When potatoes are ready for sale or are on their way to market, the owner, conveyor, prospective buyer, or any other interested party may demand and is entitled to inspection of the potatoes and to an inspection certificate as provided by law. 2. Whenever potatoes are shipped …

A warranty of any kind, either expressed or implied, including a warranty of merchantability, fitness for a particular purpose, absence of disease, varietal identity, or selection identity, is not made by wholesale potato dealers licensed under this chapter, as to the quantity or…

1. The seed commissioner may enter upon real property and access any structure and personal property at any time to inspect and sample potatoes for compliance with the laws of this state. 2. After an investigation, the seed commissioner may suspend the license of any wholesale po…

1. A person is guilty of a class A misdemeanor and subject to a civil penalty in an amount up to ten thousand dollars per violation, which may be imposed by the seed commissioner in an administrative hearing, if the person: a. Makes any false statement or report as to the grade, …

In this chapter, unless the context or subject matter otherwise requires: 1. "Credit-sale contract" means a written contract for the sale of grain under which the sale price is to be paid or may be paid more than thirty days after the delivery or release of the grain for sale and…

The commissioner shall: 1. Exercise general supervision of the public warehouses of this state, including the handling, weighing, and storing of grain, and the management of public warehouses. 2. Investigate all complaints of fraud and injustice, unfair practices, and unfair disc…

The commissioner may employ a federal licensed inspector and other employees as necessary to carry out this chapter.

1. If any dispute or disagreement arises between the person receiving and the person delivering grain at any public warehouse as to the proper grade, dockage, vomitoxin level, moisture content, or protein content of any grain, an average sample of at least three pints [1.65 liter…

A public warehouse shall post a notice containing the procedures specified in section 4.1-58-04 for resolving disputes. The commissioner shall prescribe the form of the notice and shall provide a copy of the notice to each public warehouse. The public warehouseman shall post the …

1. As a condition of licensure under section 4.1-58-08, an applicant shall agree to provide to the commissioner, upon request, any financial record the commissioner deems relevant for purposes related to: a. The issuance or renewal of a public warehouse license; or b. An investig…

1. To be eligible to receive an annual public warehouse license, an applicant shall submit financial documentation to the commissioner verifying the applicant has satisfactory net worth and working capital, as determined by the commissioner. 2. A licensed public warehouseman or a…

1. A license must be obtained from the commissioner for each public warehouse in operation in this state. A license issued is for one year and terminates on the thirty-first day of July in the year of expiration. An initial annual license application that becomes effective after …

A warehouseman may operate under its license a warehouse owned by another person. Storage performed for the person in the entire licensed warehouse is excepted from the storage rate and discrimination provisions contained in sections 4.1-58-19 and 4.1-58-22 to the extent of the p…

1. A licensed public warehouseman may establish a receiving station without a separate warehouse license for that facility if: a. The station is colocated with another licensed public warehouse, the operator of which takes delivery of the grain on behalf of the warehouseman that …

1. Before a license is effective for a public warehouseman, the applicant for the license shall file a bond with the commissioner which must: a. Be in a sum not less than one hundred thousand dollars for any one warehouse. b. Be continuous, unless the corporate surety by certifie…

1. The surety on a bond is released from all future liability accruing on the bond after the expiration of ninety days from the date of receipt by the commissioner of notice of cancellation by the surety or on a later date specified by the surety. This provision does not operate …

1. The licensee may request a bond reduction based upon the licensee's conversion policy. a. The required bond is reduced by thirty percent for a licensee that establishes and follows a conversion policy approved by the commissioner of ten days or fewer. b. The required bond is r…