Title 4.1, Agriculture

As used in this title, unless otherwise provided: 1. "Commissioner" means the agriculture commissioner or the designee or authorized representative of the commissioner. 2. "Department" means the North Dakota department of agriculture.

The annual salary of the agriculture commissioner is one hundred forty thousand seven hundred eighty dollars through June 30, 2026, and one hundred forty-five thousand three dollars after that date.

The commissioner may compel the attendance of persons at hearings before the commissioner, and the production of books and papers. The commissioner may examine witnesses under oath and may administer oaths. The commissioner's office must file and preserve any testimony taken by t…

The commissioner shall have charge of the exhibits of products or resources of the state which are shown at any fair or exposition in the United States. The commissioner shall cooperate with any railroad company doing business in the state, and with any person interested in secur…

1. The commissioner may cooperate with the United States department of agriculture, animal and plant health inspection service, or other appropriate federal agency, in the control and destruction of: a. Fur-bearers and field rodents that are injurious to: (1) Livestock; (2) Poult…

The commissioner may authorize expenditures from funds available for equipment, supplies, and other expenses, including expenditures for personal services of hunters and trappers, as may be necessary to execute the functions of the commissioner under section 4.1-01-05. Hunters an…

All furs, skins, and specimens taken by hunters and trappers paid out of funds appropriated to carry out section 4.1-01-05 must be disposed of in a manner the commissioner determines is in the best interest of the state. If furs, skins, or specimens are sold, the net proceeds of …

The commissioner shall establish and maintain a marketing bureau to gather and disseminate statistical information on any agricultural marketing problems of the state and to engage in marketing services of agricultural products. Any moneys received or generated by the pride of Da…

1. The commissioner shall administer the international business and trade office. The purpose of the office is to assist North Dakota businesses to expand exports to international markets by: a. Advocating for exporters; b. Offering export educational opportunities to North Dakot…

The commissioner may collaborate with the state board of animal health, the North Dakota stockmen's association, North Dakota state university beef systems, and the United States secretary of agriculture to develop a source-verified and process-verified beef marketing program kno…

1. The commissioner may implement a program to promote agricultural commodities sustainably grown in North Dakota. 2. If a program under subsection 1 is implemented, the program must require a producer to file an application with the commissioner. If a producer demonstrates the p…

1. The commissioner may participate, as a nonvoting member, in any regular or special meeting of a commodity group, including any executive session held by a commodity group. 2. Annually, the commissioner shall call a meeting of representatives from each commodity group to engage…

1. The commissioner shall arrange a noxious weed control or eradication program with all state and federal agencies owning, controlling, or having jurisdiction over land within the state. 2. Each weed control officer shall arrange a noxious weed control or eradication program wit…

The commissioner shall monitor federal statutory and regulatory actions related to the slaughter of horses, mules, and other equines, and in particular, actions pertaining to the establishments in which the slaughter and preparation of the carcasses may take place. The commission…

The commissioner shall create and maintain an electronic database of wetland credits available for purchase by an agricultural landowner.

The commissioner shall appoint a grape and wine advisory committee. The committee must include: 1. Two individuals who are grape producers; 2. One individual who is the producer of a fruit, other than grapes, used in vinification; 3. Two individuals who own wineries located in th…

1. The commissioner shall establish a program providing technical assistance and support to surface owners and surface tenants on pipeline restoration and followup support to surface owners and surface tenants on pipeline reclamation. 2. The commissioner may contract for ombudsme…

1. The federal environmental law impact review committee consists of: a. The commissioner, who shall serve as the chairman; b. The governor or the governor's designee; c. The majority leader of the house of representatives, or the leader's designee; d. The majority leader of the …

1. Any expenses incurred by the commissioner or by the federal environmental law impact review committee in meeting the requirements of section 4.1-01-18 must be paid by the commissioner from the federal environmental law impact review fund. 2. If the attorney general elects to p…

The commissioner may accept gifts, grants, and donations for the purposes set forth in section 4.1-01-19, provided the commissioner posts the amount and source of any gifts, grants, and donations on the department's website. Any moneys received in accordance with this section mus…

1. The commissioner shall collaborate with a local association having bioscience experience to develop and administer a bioscience innovation grant program through the bioscience innovation grant fund. The commissioner shall collaborate with the department of commerce when awardi…

1. The federal environmental law impact review fund consists of: a. Any moneys appropriated or transferred for the purposes set forth in section 4.1-01-19; b. Any gifts, grants, and donations forwarded to the commissioner for the purposes set forth in section 4.1-01-19; and c. An…

1. There is created in the state treasury the environmental impact mitigation fund. The fund consists of all moneys deposited in the fund under section 49-22-09.2 and all interest or investment earnings upon moneys in the fund. All moneys in the fund are appropriated to the commi…

1. The low-carbon fuels fund is created as a special fund in the state treasury. The fund consists of all moneys transferred to the fund under section 39-04-39. The moneys in the fund are appropriated to the commissioner on a continuing basis to distribute low-carbon fuels incent…

1. The agriculture commissioner shall administer an agriculture in the classroom program with the advice of the agriculture in the classroom council. 2. The agriculture in the classroom council consists of seven individuals. The agriculture commissioner shall appoint six council …

1. The agriculture commissioner shall establish a program that provides technical assistance, support, and outreach to property owners on wind property restoration and followup support to property owners on wind property reclamation. 2. The agriculture commissioner may contract f…

1. The commissioner shall establish a livestock-friendly county designation to recognize and assist efforts to develop, maintain, or expand livestock sectors within the counties of this state. 2. A county may apply to the commissioner to become designated as a livestock-friendly …

1. The commissioner shall administer a grant program to assist counties and regional planning councils, as defined in chapter 54-40.1, for livestock development planning. A county or a regional planning council may submit an application for assistance under this section to the co…

1. The commissioner shall establish a program providing technical assistance and support to mineral owners, lease owners, and mineral companies relating to royalty payment issues. 2. The commissioner may contract for ombudsmen to be a resource for technical assistance and followu…

1. The agriculture commissioner, in consultation with the director of the department of transportation, shall develop policies to administer the agriculture infrastructure grant program to include a grant application process and eligibility criteria. 2. The agriculture commission…

1. Model zoning review task force consists of: a. The agriculture commissioner or the commissioner's designee, as chair. b. The director of the department of environmental quality or the director's designee. c. The executive director of the North Dakota Indian affairs commission …

The commissioner shall implement and oversee a program to: 1. Coordinate new and existing farm management programs offered by a state agency, board, or commission; and 2. Create and expand marketing clubs as adjuncts to new and existing farm management programs.

1. The agriculture commissioner shall administer a grasslands grazing grant program to provide grants to organizations representing cooperative grazing associations in the state. 2. a. An organization that receives a grant under this program may distribute the funding to cooperat…

The commissioner may purchase and hold an easement or leasehold in the name of the state to administer this title. The commissioner shall terminate any easement or leasehold if the easement or leasehold is no longer necessary.

As used in this chapter: 1. "Barley" means all varieties of barley harvested in the state. 2. "Council" means the North Dakota barley council. 3. "First purchaser" means any person accepting for shipment or otherwise acquiring barley from a producer. The term includes a mortgagee…

The state consists of the following five barley districts: 1. Benson, Cavalier, Pembina, Ramsey, Towner, and Walsh Counties. 2. Eddy, Foster, Grand Forks, Griggs, McLean, Nelson, Sheridan, Steele, Traill, and Wells Counties. 3. Barnes, Burleigh, Cass, Dickey, Emmons, Kidder, LaMo…

1. The council consists of one individual elected from each district established in section 4.1-02-02. 2. Each member of the council must be a participating producer. 3. The term of each elected member is four years and begins on April first. The terms must be staggered so that n…

1. a. No later than March first of the year in which the term of a council member is to expire, the extension agent for each county in that member's district shall hold a meeting of barley producers for the purpose of electing a county representative. b. The council shall publish…

1. Upon receiving the notice required by subdivision f of subsection 1 of section 4.1-02-04, the director of the North Dakota state university extension service shall call a meeting of all county representatives in the district represented by the member whose term is to expire. 2…

All costs of holding county and district elections are the responsibility of the council.

A majority of the council's voting members constitutes a quorum for the transaction of business.

1. Annually, the council shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the council and shall call a special meeting of the council within seven days when petitioned to do so by three council members.

Each member of the council is entitled to receive compensation in the amount established by the council, but not exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state officers if the member is attending meetings or performi…

1. The council may: a. Expend moneys collected pursuant to this chapter for its administration; b. Employ, bond, and compensate necessary personnel; c. Accept gifts, grants, and donations of money, property, and services, to carry out this chapter; d. Contract with any person for…

1. The council shall determine the uses to which any moneys raised under this chapter may be expended. The uses may include: a. The funding of research, education programs, and market development efforts; and b. The support of state, regional, national, and international entities…

An assessment at the rate of thirty mills per bushel [35.24 liters] is imposed upon all barley grown in this state, delivered to this state, or sold to a first purchaser in this state. The assessment does not apply to barley grown by a producer and used by the producer as livesto…

1. The first purchaser shall collect the assessment from the seller by deducting the assessment from the total price of the barley being purchased by the first purchaser. 2. The first purchaser shall keep documents regarding all purchases, sales, and shipments of barley for a per…

1. The first purchaser shall forward to the council all assessments collected by the first purchaser within thirty days after the conclusion of each calendar quarter. 2. If a first purchaser fails to submit the assessments as required by this section, the council may impose a pen…

1. If a producer sells barley to a first purchaser located outside this state and if the first purchaser has not contracted with the barley council to collect and remit assessments in accordance with this chapter, the producer shall determine the assessment due and shall submit t…

1. To receive a refund of any assessment paid in accordance with this chapter, a producer shall submit to the council a written request for a refund application within sixty days after the date of the assessment or final settlement. 2. The producer shall complete the refund appli…