Title 19, Foods, Drugs, Oils, and Compounds
40 chapters · 235 sections in this title.
N.D.C.C. § 19-01-01 Definitions of terms used in title
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In this title, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Person" includes both the singular and the plural, as the case demands, and includes individuals, partnerships, corporations, limited lia…
N.D.C.C. § 19-01-02.1 Legislative intent
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It is the intent of the legislative assembly that the department provide consumer protection services to the public by means of laboratory sampling, laboratory testing, onsite inspecting, and public information services within its jurisdiction.
N.D.C.C. § 19-01-07 Contract services
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Funds may be accepted by the department from cities, counties, states, federal agencies, and private organizations for contract services of analytical and inspection work. Such funds must be remitted by the department to the state treasurer and deposited in the operating fund of …
N.D.C.C. § 19-01-09 Right of inspection - Penalty
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For obtaining information regarding suspected violations of any provision contained in this title, the department, its inspectors and agents, shall have free access to all places, except private homes, and all vehicles of transportation where and in which any of the products, art…
N.D.C.C. § 19-01-10 Department to make analyses, inspections, and examinations - Report of examination as evidence - Publication of report
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The department shall make, or cause to be made, analyses, examinations, and inspections of all products, articles, compositions, or things included under this title whenever such analyses, inspections, or examinations are necessary to determine whether any of such products, artic…
N.D.C.C. § 19-01-11 Possession of prohibited or regulated products, articles, compositions, or things as prima facie evidence
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Possession of any product, article, composition, or thing, the manufacture, sale, or use of which is restricted, regulated, or forbidden by any provision of this title, is prima facie evidence of the intent to sell, manufacture, transport, possess, or use the same in violation of…
N.D.C.C. § 19-01-12 Seizure of unlawful products - Search warrant
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A search warrant may be issued by any judge, including a district or municipal judge, whenever probable cause is shown by affidavit or deposition under oath that any article, product, composition, or thing is being kept or is present upon certain premises which shall be particula…
N.D.C.C. § 19-01-13 Department may seize unlawful products, articles, compositions, or things without search warrant
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The department may seize any product, article, composition, or thing which is manufactured, sold, used, transported, kept, or offered for sale, use, or transportation, or which is held in possession with intent to use, sell, or transport the same, in violation of any provision of…
N.D.C.C. § 19-01-14 Service and return of search warrant and proceedings thereon
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The provisions of sections 29-29-01 and 29-29-18 and rule 41 of the North Dakota Rules of Criminal Procedure, as to the service and return of a search warrant, and hearing, and return thereon to the district court, govern in cases of search warrants issued pursuant to the provisi…
N.D.C.C. § 19-01-16 Enforcement by department - Duty of state's attorney to prosecute
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The department shall enforce the provisions contained in this title and may prevent the manufacture or sale of products, articles, compositions, or things not complying with any provisions of this title applicable thereto. The department shall report each violation of any such pr…
N.D.C.C. § 19-01-17 Form of license to be issued
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All licenses and permits issued by the department must be uniform insofar as practicable and must be on a suitable blank provided and prescribed by the department. If two or more licenses or permits are issued to the same person or corporation, they must be on one and the same bl…
N.D.C.C. § 19-01-19 Administrative procedure and judicial review
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Any proceeding under this title for issuing or modifying rules and regulations and determining compliance with rules and regulations of the department must be conducted in accordance with chapter 28-32 and appeals may be taken as provided in chapter 28-32.
N.D.C.C. § 19-04-01 Selling certain enumerated poisons regulated - Penalty
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Every person who, at retail, without receiving a physician's prescription specifying that such prescription shall contain a poison and giving the name thereof, sells, furnishes, gives away, or delivers to another: 1. Arsenic or any preparation thereof, corrosive sublimate, white …
N.D.C.C. § 19-04-03 Records to be kept of poisons dispensed - Examination of records - Penalty
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Every person who sells at retail, furnishes, gives away, or delivers to another any of the articles or preparations mentioned in section 19-04-01 or any drug, chemical, or preparation which, according to the standard works on medicine or materia medica, is liable, in quantities o…
N.D.C.C. § 19-04-04 Distribution of certain drugs and preparations prohibited - Penalty
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No person, for the purpose of advertising or inviting or suggesting the use of any such article, may leave, throw, or deposit upon the doorstep or premises of another, or within the dwelling, barn, or other building owned or occupied by another, without a special personal request…
N.D.C.C. § 19-04-05 Definitions of terms used in preceding section
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The terms "drug", "medicine", "patent or proprietary medicine", "pill", "tablet", "powder", "capsule", "cosmetic", "disinfectant", "antiseptic", or "condiment" as used in section 19-04-04 include all remedies for internal, external, or technical use, either in package or bulk, si…
N.D.C.C. § 19-04-06 Preparations a nuisance - May be destroyed
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The samples of goods described in section 19-04-04 must be deemed a nuisance and a danger and menace to the safety of children, members of the household, or livestock. If such samples are not removed upon notice by a member of the household, or if they are left behind purposely a…
N.D.C.C. § 19-04-08 Distribution of anabolic steroids prohibited - Exception - Penalty
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A person who distributes or possesses with the intent to distribute an anabolic steroid for any use in humans other than the treatment of disease under the prescription of a physician is guilty of a class B felony.
N.D.C.C. § 19-04-09 Distribution of substance or device to defraud urine test prohibited - Penalty
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A person is guilty of a class A misdemeanor if that person willfully manufactures, advertises, sells, or distributes any substance or device that is intended to defraud a urine test designed to detect the presence of a chemical substance or a controlled substance.
N.D.C.C. § 19-08-01 Certain beverages unlawful to sell
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A person may not sell, offer, or expose for sale, or have in possession with intent to sell within this state, any beverage of whatever nature that contains any ingredient that is injurious to health, or is adulterated, misbranded, or insufficiently or improperly labeled within t…
N.D.C.C. § 19-08-02 Beverage - Definition
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The term "beverage" as used in this chapter includes carbonated and noncarbonated soda water, ginger ale, root beer, aromatic flavors, cereal or malt beverages, apple cider, tomato juice, grape juice, and other fruit juices, imitations or compounds of any of these, concentrated e…
N.D.C.C. § 19-08-03 Requirements for labeling - Standards of purity and quality
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The requirements for labeling and standards of purity and quality of all beverages included in this chapter are the same as those required under chapter 19-02.1, together with such other standards and rules the department may adopt pursuant to chapter 28-32 to carry out the inten…
N.D.C.C. § 19-08-04 License required
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The department may require manufacturers, importers, jobbers, or other retailers to furnish suitable samples to the department for inspection and chemical analysis. If any beverage does not meet all requirements of law, the department shall refuse to license the beverage and shal…
N.D.C.C. § 19-08-06 Penalty
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Any person violating any of the provisions of this chapter or any rule or regulation issued pursuant thereto is guilty of a class B misdemeanor.
N.D.C.C. § 19-17-01 Definitions
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When used in this chapter, unless the context otherwise requires: 1. "Flour" includes and is limited to the foods commonly known in the milling and baking industries as: a. White flour, also known as wheat flour or plain flour; b. Bromated flour; c. Self-rising flour, also known …
N.D.C.C. § 19-17-02 Flour standards
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It is unlawful for any person to manufacture, mix, compound, sell, or offer for sale, for human consumption in this state, flour unless vitamin and mineral levels are in conformity with the legally established governing interstate shipments of enriched flour. However, the terms o…
N.D.C.C. § 19-17-03 White bread standards
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It is unlawful for any person to manufacture, bake, sell, or offer for sale, for human consumption in this state, any white bread or rolls as defined in section 19-17-01 unless vitamin and mineral levels are in conformity with the legally established governing interstate shipment…
N.D.C.C. § 19-17-04 Enforcement
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1. The department shall enforce this chapter and the department may adopt rules, regulations, and orders pursuant to chapter 28-32 for the efficient enforcement of this chapter. 2. Whenever the vitamin and mineral requirements set forth in sections 19-17-02 and 19-17-03 are no lo…
N.D.C.C. § 19-17-05 Penalty
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Any person who violates any of the provisions of this chapter or the orders, rules, or regulations promulgated by the department under authority thereof, is, unless a specific penalty has been provided, guilty of a class B misdemeanor.
N.D.C.C. § 19-21-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Banned hazardous substance" means: a. Any toy, or other article, intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in a manner so as to be su…
N.D.C.C. § 19-21-02 Prohibited acts
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The following acts and the causing thereof are hereby prohibited: 1. The sale or delivery for sale of any misbranded hazardous substance or banned hazardous substance. 2. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, o…
N.D.C.C. § 19-21-03 Stop-sale orders - Seizures
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The department shall issue and enforce a written or printed "stop-sale use or removal" order to the owner or custodian of any hazardous substance when the department finds that the product is being offered or exposed for sale in violation of any of the provisions of this chapter,…
N.D.C.C. § 19-21-04 Hearing before report of criminal violation
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Before any violation of this chapter is reported by the department to any state's attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views, either o…
N.D.C.C. § 19-21-04.1 Injunction proceedings
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In addition to any other remedy provided in this chapter, the department is hereby authorized to apply to the district court of Burleigh County, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any p…
N.D.C.C. § 19-21-05 Regulations
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The department may adopt regulations pursuant to chapter 28-32 for the efficient enforcement of this chapter. If the department finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good a…
N.D.C.C. § 19-21-06 Examinations and investigations
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The department is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through officers and employees of the department or through any health officer or employee of the state of North Dakota. For purposes of enforcement of this chap…
N.D.C.C. § 19-21-07 Records of shipment
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For the purpose of enforcing the provisions of this chapter, carriers and persons receiving hazardous substances or holding such hazardous substances so received, upon the request of an officer or employee duly designated by the department, shall permit such officer or employee, …
N.D.C.C. § 19-21-08 Publicity
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The department may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. The department may also cause information to be diss…
N.D.C.C. § 19-21-09 Penalties
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Any person who violates any of the provisions of this chapter is guilty of a class A misdemeanor. No person is subject to the penalties of this section for having violated subsection 1 of section 19-21-02 in respect of any hazardous substance shipped or delivered for shipment for…
N.D.C.C. § 19-21-10 Short title
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This chapter may be cited as the Hazardous Substances Labeling Act.
N.D.C.C. § 19-22-01 Sale of potatoes in closed packages not labeled as to grade prohibited
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No person may sell at retail any potatoes in closed packages which are not identified as to grade.
N.D.C.C. § 19-22-02 Definitions
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Whenever used in this chapter: 1. "Closed package" means any box, barrel, basket, crate, sack, bag, tube, or any other type container in which all contents cannot be seen or inspected to determine the grade, quality, or condition without the removal of all or part of the contents…
N.D.C.C. § 19-22-03 Grade labeling
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Every closed package containing potatoes to be sold or offered for sale at retail by any person must bear conspicuously on the top or side, or both, thereof in plain words the grade. An attached tag may substitute for the grade print on closed packages. Inspections under this cha…
N.D.C.C. § 19-22-04 Approved grades and standards
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Grades must be those established by the United States department of agriculture, the North Dakota state seed department, or any grade approved by the North Dakota agriculture commissioner. Culls or pickouts must be labeled as "culls".
N.D.C.C. § 19-22-05 Penalty
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Any person who violates any of the provisions of this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 19-23-01 Limited liability
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1. Except as provided in subsection 2, a producer, processor, manufacturer, packer, distributor, carrier, holder, seller, marketer, trade association, or advertiser of a food, as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(f)], or an assoc…
N.D.C.C. § 19-23-02 Pleading requirements
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1. In any action commenced under this chapter, the complaint or petition must state with particularity the following: a. The statute, rule, regulation, ordinance, or other law that was allegedly violated; b. The facts that are alleged to constitute a material violation of the sta…
N.D.C.C. § 19-23-03 Stay pending motion to dismiss
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1. In any action commenced under this chapter, all discovery and other proceedings must be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue p…
N.D.C.C. § 19-02.1-01 Definitions
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For the purpose of this chapter: 1. "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics…
N.D.C.C. § 19-02.1-02 Prohibited acts
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The following acts and the causing thereof within the state of North Dakota are hereby prohibited: 1. The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded. 2. The adulteration or misbranding of a…