N.D. Cent. Code § 4.1-27-15 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-15
4.1-27-15. Livestock unfit for sale
Status: in_force

4.1-27-15. Livestock unfit for sale

1. Livestock may not be offered for sale or sold at any licensed public livestock auction

market if the livestock has a condition including the following:

a. Is infected with a disease that permanently renders the livestock unfit for human

consumption;

b. Has severe neoplasia;

c. Has severe actinomycosis;

d. Is unable to rise to its feet by itself; or

e. Has a fractured long bone or other fractures or dislocation of a joint that renders

the livestock unable to bear weight on the affected limb without the limb

collapsing.

2. If, in the judgment of a veterinarian licensed in this state and approved by the state

board of animal health, the livestock consigned and delivered to the premises of a

livestock auction market is affected by any of the conditions described above, the

veterinarian shall humanely euthanize the livestock or direct the consignor to

immediately remove the livestock from the premises of the livestock auction market. All

expenses incurred for euthanasia and disposal of the livestock under this section are

the responsibility of the consignor. Collection of expenses is not the responsibility of

the consignee.
N.D. Cent. Code § 41-09-43 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-43
41-09-43. (9-323) Future advances
Status: in_force

41-09-43. (9-323) Future advances

1. Except as otherwise provided in subsection 3, for purposes of determining the priority

of a perfected security interest under subdivision a of subsection 1 of section

41-09-42, perfection of the security interest dates from the time an advance is made to

the extent that the security interest secures an advance that:

a. Is made while the security interest is perfected only:

(1) Under section 41-09-29 when it attaches; or

(2) Temporarily under subsection 5, 6, or 7 of section 41-09-32; and

b. Is not made pursuant to a commitment entered into before or while the security

interest is perfected by a method other than under section 41-09-29 or

subsection 5, 6, or 7 of section 41-09-32.

2. Except as otherwise provided in subsection 3, a security interest is subordinate to the

rights of a person that becomes a lien creditor to the extent that the security interest

secures an advance made more than forty-five days after the person becomes a lien

creditor unless the advance is made:

a. Without knowledge of the lien; or

b. Pursuant to a commitment entered into without knowledge of the lien.

3. Subsections 1 and 2 do not apply to a security interest held by a secured party that is

a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a

consignor.

4. Except as otherwise provided in subsection 5, a buyer of goods takes free of a security

interest to the extent that it secures advances made after the earlier of:

a. The time the secured party acquires knowledge of the buyer's purchase; or

b. Forty-five days after the purchase.

5. Subsection 4 does not apply if the advance is made pursuant to a commitment entered

into without knowledge of the buyer's purchase and before the expiration of the

forty-five-day period.

6. Except as otherwise provided in subsection 7, a lessee of goods takes the leasehold

interest free of a security interest to the extent that it secures advances made after the

earlier of:

a. The time the secured party acquires knowledge of the lease; or

b. Forty-five days after the lease contract becomes enforceable.

7. Subsection 6 does not apply if the advance is made pursuant to a commitment entered

into without knowledge of the lease and before the expiration of the forty-five-day

period.
N.D. Cent. Code § 41-02.1-06 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-06
41-02.1-06. (2A-106) Limitation on power of parties to consumer lease to choose applicable law and judicial forum
Status: in_force

41-02.1-06. (2A-106) Limitation on power of parties to consumer lease to choose

applicable law and judicial forum.

1. If the law chosen by the parties to a consumer lease is that of a jurisdiction other than

a jurisdiction in which the lessee resides at the time the lease agreement becomes

enforceable or within thirty days thereafter or in which the goods are to be used, the

choice is not enforceable.

2. If the judicial forum chosen by the parties to a consumer lease is a forum that would

not otherwise have jurisdiction over the lessee, the choice is not enforceable.
N.D. Cent. Code § 41-02-68 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-68
41-02-68. (2-605) Waiver of buyer's objections by failure to particularize
Status: in_force

41-02-68. (2-605) Waiver of buyer's objections by failure to particularize

1. The buyer's failure to state in connection with rejection a particular defect which is

ascertainable by reasonable inspection precludes the buyer from relying on the

unstated defect to justify rejection or to establish breach:

a. If the seller could have cured it if stated seasonably; or

b. Between merchants when the seller has after rejection made a request in writing

for a full and final written statement of all defects on which the buyer proposes to

rely.

2. Payment against documents made without reservation of rights precludes recovery of

the payment for defects apparent in the documents.
N.D. Cent. Code § 4.1-41-14 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-14
4.1-41-14. Detained commercial feeds
Status: in_force

4.1-41-14. Detained commercial feeds

1. If the agriculture commissioner has reasonable cause to believe a lot of commercial

feed is being distributed in violation of this chapter or any rules implementing this

chapter, the commissioner may issue a "withdrawal from distribution" order, prohibiting

the distributor from disposing of the lot until written permission is given by the

commissioner or by a court. The commissioner shall release the lot of commercial feed

when there has been compliance with this chapter and the rules implementing this

chapter. If compliance is not obtained within thirty days, the commissioner may begin,

or upon request of the distributor shall begin, proceedings for condemnation.

2. Any lot of commercial feed not in compliance with this chapter or rules implementing

this chapter is subject to seizure on complaint of the commissioner to a court of

competent jurisdiction. If the court finds the commercial feed to be in violation of this

chapter or rules implementing this chapter and orders the condemnation of the

commercial feed, it must be disposed of in any manner consistent with the quality of

the commercial feed and the laws of the state. A court may not order disposition of the

commercial feed without first giving the claimant an opportunity to apply for its release

or for permission to process or relabel the commercial feed to bring it into compliance

with this chapter and rules implementing this chapter.
N.D. Cent. Code § 4.1-45-21 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-21
4.1-45-21. Regulation and licensing
Status: in_force

4.1-45-21. Regulation and licensing

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

enterprises not required to be licensed by state or local laws. The state fair association shall

ensure that shows, exhibitions, performances, establishments, and exercise of fair privileges are

conducted in compliance with all state and local laws and all rules and regulations of the state

fair association.
N.D. Cent. Code § 41-02.1-41 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-41
41-02.1-41. (2A-311) Priority subject to subordination
Status: in_force

41-02.1-41. (2A-311) Priority subject to subordination

Nothing in this chapter prevents subordination by agreement by any person entitled to

priority.
N.D. Cent. Code § 41-04-25 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-25
41-04-25. (4-213) Medium and time of settlement by bank
Status: in_force

41-04-25. (4-213) Medium and time of settlement by bank

1. With respect to settlement by a bank, the medium and time of settlement may be

prescribed by federal reserve regulations or circulars, clearinghouse rules, and the

like, or agreement. In the absence of such prescription:

a. The medium of settlement is cash or credit to an account in a federal reserve

bank of, or specified by, the person to receive settlement.

b. The time of settlement is:

(1) With respect to tender of settlement by cash, cashier's check, or teller's

check, when the cash or check is sent or delivered.

(2) With respect to tender of settlement by credit in an account in a federal

reserve bank, when the credit is made.

(3) With respect to tender of settlement by a credit or debit to an account in a

bank, when the credit or debit is made or, in the case of tender of settlement

by authority to charge an account, when the authority is sent or delivered.

(4) With respect to tender of settlement by a funds transfer, when payment is

made under subsection 1 of section 41-04.1-31 to the person receiving

settlement.

2. If the tender of settlement is not by a medium authorized by or the time of settlement is

not fixed by subsection 1, no settlement occurs until the tender of settlement is

accepted by the person receiving settlement.

3. If settlement for an item is made by cashier's check or teller's check and the person

receiving settlement, before its midnight deadline:

a. Presents or forwards the check of collection, settlement is final when the check is

finally paid.

b. Fails to present or forward the check for collection, settlement is final at the

midnight deadline of the person receiving settlement.

4. If settlement for an item is made by giving authority to charge the account of the bank

giving settlement in the bank receiving settlement, settlement is final when the charge

is made by the bank receiving settlement if there are funds available in the account for

the amount of the item.
N.D. Cent. Code § 4.1-26-17 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-17
4.1-26-17. Licenses
Status: in_force

4.1-26-17. Licenses

1. a. A person must be licensed by the milk marketing board as a dairy farmer if the

person sells grade A raw milk that the person has produced to a processor that:

(1) Must be licensed in accordance with this chapter; and

(2) Processes the milk at a plant located in this state.

b. This subsection is applicable regardless of whether the person's dairy farm is

located within or outside of this state.

2. A person must be licensed as a processor by the milk marketing board if the person:

a. Operates a processing plant located in this state;

b. Sells milk products or frozen dairy products to a retailer for resale at a retail

establishment in this state, regardless of whether:

(1) The processor's plant is located in this state or outside of this state; or

(2) The retailer takes title to or possession of the products in this state or

outside of this state; or

c. Sells milk products or frozen dairy products to a distributor for resale to:

(1) North Dakota consumers on home delivery; or

(2) A retailer.

3. A person must be licensed as a distributor by the milk marketing board if the person

sells milk products or frozen dairy products to:

a. North Dakota consumers on one or more home delivery routes; or

b. A retailer.

4. a. A person must be licensed as a retailer by the milk marketing board if the person:

(1) Purchases milk products or frozen dairy products for purposes of resale to

consumers; or

(2) Sells milk products or frozen dairy products to consumers.

b. (1) A person licensed as a dairy farmer, a processor, or a distributor shall also

be licensed as a retailer, if the person sells milk products or frozen dairy

products to consumers at a fixed place of business located in this state.

(2) Each fixed placed of business referenced in this subdivision requires

separate licensure.

5. In order to effectuate the purchase of milk products and frozen dairy products at

wholesale prices, the following entities may be licensed as retailers:

a. School districts;

b. Nonpublic schools;

c. Hospitals;

d. State institutions; and

e. Not-for-profit entities.

6. This section requires separate licensure for each place of business.
N.D. Cent. Code § 4.1-47-30 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-30
4.1-47-30. Preventing the dissemination of noxious weeds - Penalty
Status: in_force

4.1-47-30. Preventing the dissemination of noxious weeds - Penalty

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

manner that allows for the dissemination of noxious weeds.

c. A person may not willfully dispose of any material that contains noxious weed

seeds or propagating parts in a manner that allows for the dissemination of

noxious weeds.

2. Any person who violates this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-26-34 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-34
4.1-26-34. Violation of chapter - Civil penalty
Status: in_force

4.1-26-34. Violation of chapter - Civil penalty

A person violating this chapter, a milk stabilization plan issued in accordance with this

chapter, or any rule that implements this chapter, is subject to a civil penalty in an amount not

exceeding five hundred dollars per day for each violation. The civil penalty may be adjudicated

by a court or by the milk marketing board through an administrative hearing.
N.D. Cent. Code § 4.1-16-03 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-03
4.1-16-03. Beekeeper's license - Application of minor - Liability
Status: in_force

4.1-16-03. Beekeeper's license - Application of minor - Liability

An individual who is less than eighteen years of age may be licensed as a beekeeper, if that

individual's application for license is signed by the individual's parent. Any civil or administrative

liability for a violation of this chapter by a beekeeper who is less than eighteen years of age is

imputed to the parent who signed the application. The parent is jointly and severally liable with

the beekeeper.
N.D. Cent. Code § 41-04-10 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-10
41-04-10. (4-110) Electronic presentment
Status: in_force

41-04-10. (4-110) Electronic presentment

1. "Electronic presentment agreement" means an agreement, clearinghouse rule, or

federal reserve regulation or operating circular, providing that presentment of an item

may be made by transmission of an image of an item or information describing the

item ("presentment notice") rather than delivery of the item itself. The agreement may

provide for procedures governing retention, presentment, payment, dishonor, and

other matters concerning items subject to the agreement.

2. Presentment of an item under an electronic presentment agreement is made when the

presentment notice is received.

3. If presentment is made by presentment notice, a reference to "item" or "check" in this

chapter means the presentment notice unless the context otherwise indicates.
N.D. Cent. Code § 4.1-25-15 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-15
4.1-25-15. Application by department for appointment of trustee - Hearing - Appointment
Status: in_force

4.1-25-15. Application by department for appointment of trustee - Hearing -

Appointment.

Upon the insolvency of a licensee as defined in section 4.1-25-14, the department shall

apply to the district court of the county in which the licensee maintains its principal place of

business for the appointment of the department as trustee. Upon notice to the licensee as the

court prescribes, but not exceeding ten days, or upon waiver of such notice in writing by the

licensee, the court shall proceed to hear and determine the application. If it appears to the court

the licensee is insolvent within the meaning of this chapter and it is in the best interest of

persons holding claims against the licensee that the department execute the trust, the court

shall issue an order appointing the department as a trustee, without bond, and the department

shall proceed in the manner set out in this chapter without further direction from the court.
N.D. Cent. Code § 4.1-31-14 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-14
4.1-31-14. Records - Examination
Status: in_force

4.1-31-14. Records - Examination

Upon notice by the commissioner, any person subject to the recordkeeping requirements of

this chapter shall give the commissioner and the United States department of agriculture access

to the person's place of business at all reasonable times and an opportunity to examine the

facilities, inventory, and records of the business, to copy business records, and to take

reasonable samples of the person's inventory upon payment of the fair market value of the

samples.
N.D. Cent. Code § 4.1-01-27 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-27
4.1-01-27. Agriculture infrastructure grant program
Status: in_force

4.1-01-27. Agriculture infrastructure grant program

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 commissioner, in consultation with the director of the department of

transportation, shall award grants to a county, township, or city with a population of

one thousand five hundred residents or less, for road and bridge improvements

necessary to accommodate value-added agriculture businesses. Grant funding under

this subsection may be used for:

a. Corridor improvements on city, county, and township roadways; and

b. Improvements to roads or bridges that provide access to value-added agriculture

businesses.

3. The agriculture commissioner shall award grants to entities for water and sewer line

improvements and electrical and gas supply improvements necessary to

accommodate value-added agriculture businesses.

4. Grants awarded under this section may not exceed:

a. The lesser of one million two hundred fifty thousand dollars per project or eighty

percent of the infrastructure project cost for grants awarded under subsection 2.

b. The lesser of three hundred fifty thousand dollars per project or eighty percent of

the capital improvement project costs for grants awarded under subsection 3.

5. For purposes of grant eligibility under this section, value-added agriculture businesses

include the same businesses as provided under section 4.1-01.1-07.

6. Grant funding under this section may not be used for routine maintenance or operating

costs.
N.D. Cent. Code § 4.1-45-13 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-13
4.1-45-13. Appointment of necessary employees
Status: in_force

4.1-45-13. Appointment of necessary employees

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 functions

of the state fair association. Salaries and other compensation must be set by the president and

board of directors and any expenses incurred in the performance of employment must be

reimbursed in the same manner and for the same amounts as is provided for officials and

employees of the state.
N.D. Cent. Code § 41-02.1-62 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-62
41-02.1-62. (2A-514) Waiver of lessee's objections
Status: in_force

41-02.1-62. (2A-514) Waiver of lessee's objections

1. In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by

reasonable inspection precludes the lessee from relying on the defect to justify

rejection or to establish default:

a. If, stated seasonably, the lessor or the supplier could have cured it (section

41-02.1-61); or

b. Between merchants if the lessor or the supplier after rejection has made a

request in writing for a full and final written statement of all defects on which the

lessee proposes to rely.

2. A lessee's failure to reserve rights when paying rent or other consideration against

documents precludes recovery of the payment for defects apparent in the documents.
N.D. Cent. Code § 4.1-58-29 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-29
4.1-58-29. Standard weights to be used - Exception
Status: in_force

4.1-58-29. Standard weights to be used - Exception

A person purchasing, selling, or storing grain in a public warehouse in this state may not

use any measure for the grain other than the standard bushel, and no number of pounds may

be used or called a bushel other than the number of pounds provided by law as the standard

weight of the kind of grain in question, except during the months of October and November, not

exceeding eighty-two pounds [37.19 kilograms], and during the months of December and

January, not exceeding seventy-six pounds [34.47 kilograms], may be used as the standard

weight per bushel of new ear corn.
N.D. Cent. Code § 41-09-31 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-31
41-09-31. (9-311) Perfection of security interests in property subject to certain statutes, regulations, and treaties
Status: in_force

41-09-31. (9-311) Perfection of security interests in property subject to certain

statutes, regulations, and treaties.

1. Except as otherwise provided in subsection 4, the filing of a financing statement is not

necessary or effective to perfect a security interest in property subject to:

a. A statute, regulation, or treaty of the United States whose requirements for a

security interest's obtaining priority over the rights of a lien creditor with respect to

the property preempt subsection 1 of section 41-09-30;

b. Section 35-01-05.1; or

c. A statute of another jurisdiction which provides for a security interest to be

indicated on a certificate of title as a condition or result of the security interest's

obtaining priority over the rights of a lien creditor with respect to the property.

2. Compliance with the requirements of a statute, regulation, or treaty described in

subsection 1 for obtaining priority over the rights of a lien creditor is equivalent to the

filing of a financing statement under this chapter. Except as otherwise provided in

subsection 4 and section 41-09-33 and subsections 4 and 5 of section 41-09-36 for

goods covered by a certificate of title, a security interest in property subject to a

statute, regulation, or treaty described in subsection 1 may be perfected only by

compliance with those requirements, and a security interest so perfected remains

perfected notwithstanding a change in the use or transfer of possession of the

collateral.

3. Except as otherwise provided in subsection 4 and subsections 4 and 5 of section

41-09-36, duration and renewal of perfection of a security interest perfected by

compliance with the requirements prescribed by a statute, regulation, or treaty

described in subsection 1 are governed by the statute, regulation, or treaty. In other

respects, the security interest is subject to this chapter.

4. During any period in which collateral subject to a statute specified in subdivision b of

subsection 1 is inventory held for sale or lease by a person or leased by that person as

lessor and that person is in the business of selling goods of that kind, this section does

not apply to a security interest in that collateral created by that person.
N.D. Cent. Code § 41-03-28 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-28
41-03-28. (3-302) Holder in due course
Status: in_force

41-03-28. (3-302) Holder in due course

1. Subject to subsection 3 and to subsection 4 of section 41-03-06, "holder in due

course" means the holder of an instrument if:

a. The instrument when issued or negotiated to the holder does not bear such

apparent evidence of forgery or alteration or is not otherwise so irregular or

incomplete as to call into question its authenticity.

b. The holder took the instrument for value, in good faith, without notice that the

instrument is overdue or has been dishonored or that there is an uncured default

with respect to payment of another instrument issued as part of the same series,

without notice that the instrument contains an unauthorized signature or has been

altered, without notice of any claim to the instrument stated in section 41-03-32,

and without notice that any party has a defense or claim in recoupment stated in

subsection 1 of section 41-03-31.

2. Notice of discharge of a party, other than discharge in an insolvency proceeding, is not

notice of a defense under subsection 1, but discharge is effective against a person

who became a holder in due course with notice of the discharge. Public filing or

recording of a document does not of itself constitute notice of a defense, claim in

recoupment, or claim to the instrument.

3. Except to the extent a transferor or predecessor in interest has rights as a holder in

due course, a person does not acquire rights of a holder in due course of an

instrument taken by legal process or by purchase at an execution, bankruptcy, or

creditor's sale or similar proceeding; by purchase as part of a bulk transaction not in

ordinary course of business of the transferor; or as the successor in interest to an

estate or other organization.

4. If, under subdivision a of subsection 1 of section 41-03-29, the promise of performance

that is the consideration for an instrument has been partially performed, the holder

may assert rights as a holder in due course of the instrument only to the fraction of the

amount payable under the instrument equal to the value of the partial performance

divided by the value of the promised performance.

5. If the person entitled to enforce an instrument has only a security interest in the

instrument and the person obliged to pay the instrument has a defense, claim in

recoupment, or claim to the instrument that may be asserted against the person who

granted the security interest, the person entitled to enforce the instrument may assert

rights as a holder in due course only to an amount payable under the instrument

which, at the time of enforcement of the instrument, does not exceed the amount of

the unpaid obligation secured.

6. To be effective, notice must be received at a time and in a manner that gives a

reasonable opportunity to act on it.

7. This section is subject to any law limiting status as a holder in due course in particular

classes of transactions.
N.D. Cent. Code § 4.1-20-22 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-22
4.1-20-22. Supervisors to provide for surety bonds, keeping records, and annual audit
Status: in_force

4.1-20-22. Supervisors to provide for surety bonds, keeping records, and annual

audit.

The supervisors shall provide for the execution of surety bonds for all employees and

officers who are entrusted with funds or property of the district, for the keeping of a full and

accurate record of all the supervisors' proceedings and of all resolutions, regulations, and

orders issued or adopted by the supervisors, and for an annual audit of the accounts of receipts

and disbursements of the district. The surety bonds provided for in this section may be issued

by the state bonding fund.
N.D. Cent. Code § 41-09-80 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-80
41-09-80. (9-509) Persons entitled to file a record
Status: in_force

41-09-80. (9-509) Persons entitled to file a record

1. A person may file an initial financing statement, amendment that adds collateral

covered by a financing statement, or amendment that adds a debtor to a financing

statement only if:

a. The debtor authorizes the filing in a signed record or pursuant to subsection 2

or 3; or

b. The person holds an agricultural lien that has become effective at the time of

filing and the financing statement covers only collateral in which the person holds

an agricultural lien.

2. By signing or becoming bound as debtor by a security agreement, a debtor or new

debtor authorizes the filing of an initial financing statement, and an amendment,

covering:

a. The collateral described in the security agreement; and

b. Property that becomes collateral under subdivision b of subsection 1 of section

41-09-35, regardless of whether the security agreement expressly covers

proceeds.

3. By acquiring collateral in which a security interest or agricultural lien continues under

subdivision a of subsection 1 of section 41-09-35, a debtor authorizes the filing of an

initial financing statement, and an amendment, covering the collateral and property

that becomes collateral under subdivision b of subsection 1 of section 41-09-35.

4. A person may file an amendment other than an amendment that adds collateral

covered by a financing statement or an amendment that adds a debtor to a financing

statement only if:

a. The secured party of record authorizes the filing; or

b. The amendment is a termination statement for a financing statement as to which

the secured party of record has failed to file or send a termination statement as

required under section 41-09-84, the debtor authorizes the filing, and the

termination statement indicates that the debtor authorized it to be filed. The filing

office shall notify the secured party of a filing under this subsection.

5. If there is more than one secured party of record for a financing statement, each

secured party of record may authorize the filing of an amendment under subsection 4.
N.D. Cent. Code § 41-08-46 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-46
41-08-46. (8-506) Duty of securities intermediary to exercise rights as directed by entitlement holder
Status: in_force

41-08-46. (8-506) Duty of securities intermediary to exercise rights as directed by

entitlement holder.

A securities intermediary shall exercise rights with respect to a financial asset if directed to

do so by an entitlement holder. A securities intermediary satisfies the duty if:

1. The securities intermediary acts with respect to the duty as agreed upon by the

entitlement holder and the securities intermediary; or

2. In the absence of agreement, the securities intermediary either places the entitlement

holder in a position to exercise the rights directly or exercises due care in accordance

with reasonable commercial standards to follow the direction of the entitlement holder.
N.D. Cent. Code § 41-04-32 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-32
41-04-32. (4-401) When bank may charge customer's account
Status: in_force

41-04-32. (4-401) When bank may charge customer's account

1. A bank may charge against the account of a customer an item which is properly

payable from that account even though the charge creates an overdraft. An item is

properly payable if it is authorized by the customer and complies with any agreement

between the customer and bank.

2. A customer is not liable for the amount of an overdraft if the customer neither signed

the item nor benefited from the proceeds of the item.

3. A bank may charge against the account of a customer a check that is otherwise

properly payable from the account, even though payment was made before the date of

the check, unless the customer has given notice to the bank of the postdating

describing the check with reasonable certainty. The notice will be effective for the

period stated in subsection 1 of section 41-04-34 for stop orders, and must be

received at a time and in a manner as to afford the bank a reasonable opportunity to

act on it before any action by the bank with respect to the check described in section
N.D. Cent. Code § 4.1-11-09 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-09
4.1-11-09. Council powers
Status: in_force

4.1-11-09. Council powers

The council may:

1. Expend moneys collected pursuant to this chapter for its administration;

2. Employ, bond, and compensate necessary personnel;

3. Accept gifts, grants, and donations of money, property, and services to carry out this

chapter;

4. Contract with any person for any purpose permitted under this chapter;

5. Sue and be sued; and

6. Do all things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 41-04-12 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-12
41-04-12. Construction of chapter - Branch banking
Status: in_force

41-04-12. Construction of chapter - Branch banking

This chapter may not be construed to permit branch banking.
N.D. Cent. Code § 4.1-40.1-08 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-08
4.1-40.1-08. Inspection, sampling, and analysis
Status: in_force

4.1-40.1-08. Inspection, sampling, and analysis

1. The commissioner may act through an authorized agent to sample, inspect, make

analyses of, and test beneficial substances distributed within the state when it is

necessary to determine if a beneficial substance complies within the provisions of this

chapter. The commissioner may enter into or upon any point of distribution during

operating hours upon notice and open and sample any bulk material, bundle, package,

or other container containing or thought to contain a beneficial substance, and to

inspect labels or access records pertaining to the distribution of the beneficial

substance.

2. The methods of analysis and sampling must be methods approved by the

commissioner, including methods adopted by the journal of the association of

agricultural chemists international.

3. A single package may constitute an official sample. In determining whether a beneficial

substance is deficient, the commissioner may consider only the analysis of the official

sample.

4. If the results of the commissioner's official analysis indicate a beneficial substance

may be the subject of a penalty or other legal action, the commissioner shall forward

the analysis to the registrant at least ten days before the report is submitted to the

purchaser. If during the ten-day period, no adequate evidence to the contrary is made

available to the commissioner by the registrant, the report becomes official.

5. The commissioner shall retain an official sample found to be deficient for thirty days

following the issuance of the analytical report.

6. Upon request, the commissioner shall furnish to the registrant a portion of a sample

found to be the subject of a penalty or other legal action.
N.D. Cent. Code § 41-02.1-07 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-07
41-02.1-07. (2A-107) Waiver or renunciation of claim or right after default
Status: in_force

41-02.1-07. (2A-107) Waiver or renunciation of claim or right after default

Any claim or right arising out of an alleged default or breach of warranty may be discharged

in whole or in part without consideration by a waiver or renunciation in a signed record delivered

by the aggrieved party.
N.D. Cent. Code § 4.1-57-01 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-01
4.1-57-01. Definitions
Status: in_force

4.1-57-01. Definitions

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 the purpose of processing or

resale; or

c. Handles potatoes on account of or as an agent for another.
N.D. Cent. Code § 4.1-06-15 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-15
4.1-06-15. Refund of assessment
Status: in_force

4.1-06-15. Refund of assessment

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 application and return the application to the

council, together with a record of the assessment collected, within ninety days after the

date of the assessment or final settlement. The council shall then refund to the

producer the net amount of the assessment that had been collected.

3. If a request for a refund is not submitted to the council within the prescribed time

period, the producer is presumed to have agreed to the assessment.

4. A producer is not entitled to a refund under this section unless the refundable amount

meets or exceeds five dollars.
N.D. Cent. Code § 4.1-06-12 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-12
4.1-06-12. Assessment
Status: in_force

4.1-06-12. Assessment

1. An assessment at the rate of ten cents per hundredweight [45.36 kilograms] must be

imposed upon all dry beans grown in this state, delivered into this state, or sold to a

designated handler.

2. The assessment imposed by this section does not apply to dry bean seeds nor to dry

beans used for purposes other than human consumption.
N.D. Cent. Code § 4.1-53-48 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-48
4.1-53-48. Plant Variety Protection Act - Requirements for certification
Status: in_force

4.1-53-48. Plant Variety Protection Act - Requirements for certification

1. If a certificate of plant variety protection issued under the Plant Variety Protection Act

[7 U.S.C. 2121 et seq.], as amended through July 31, 2022, specifies that the variety

may be sold only as a class of certified seed, that seed must be certified by an official

seed-certifying agency before it can be advertised for sale, offered for sale, or sold.

2. Seed from a certified lot may be used in a blend or mixture by or with the approval of

the owner of the variety.
N.D. Cent. Code § 41-02-100 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-100
41-02-100. (2-721) Remedies for fraud
Status: in_force

41-02-100. (2-721) Remedies for fraud

Remedies for material misrepresentation or fraud include all remedies available under this

chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for

sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for

damages or other remedy.
N.D. Cent. Code § 4.1-01-16 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-16
4.1-01-16. Grape and wine advisory committee - Membership
Status: in_force

4.1-01-16. Grape and wine advisory committee - Membership

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 this state; and

4. One representative of the North Dakota grape and wine association.
N.D. Cent. Code § 41-02.1-55 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-55
41-02.1-55. (2A-507) Proof of market rent - Time and place
Status: in_force

41-02.1-55. (2A-507) Proof of market rent - Time and place

1. Damages based on market rent (section 41-02.1-67 or 41-02.1-76) are determined

according to the rent for the use of the goods concerned for a lease term identical to

the remaining lease term of the original lease agreement and prevailing at the time of

the default.

2. If evidence of rent for the use of the goods concerned for a lease term identical to the

remaining lease term of the original lease agreement and prevailing at the times or

places described in this chapter is not readily available, the rent prevailing within any

reasonable time before or after the time described or at any other place or for a

different lease term which in commercial judgment or under usage of trade would

serve as a reasonable substitute for the one described may be used, making any

proper allowance for the difference, including the cost of transporting the goods to or

from the other place.

3. Evidence of a relevant rent prevailing at a time or place or for a lease term other than

the one described in this chapter offered by one party is not admissible unless and

until the party has given the other party notice that the court finds sufficient to prevent

unfair surprise.

4. If the prevailing rent or value of any goods regularly leased in any established market

is in issue, reports in official publications or trade journals or in newspapers or

periodicals of general circulation published as the reports of that market are admissible

in evidence. The circumstances of the preparation of the report may be shown to affect

its weight but not its admissibility.
N.D. Cent. Code § 41-05-07 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-07
41-05-07. (5-107) Confirmer - Nominated person - Adviser
Status: in_force

41-05-07. (5-107) Confirmer - Nominated person - Adviser

1. A confirmer is directly obligated on a letter of credit and has the rights and obligations

of an issuer to the extent of its confirmation. The confirmer also has rights against and

obligations to the issuer as if the issuer were an applicant and the confirmer had

issued the letter of credit at the request and for the account of the issuer.

2. A nominated person who is not a confirmer is not obligated to honor or otherwise give

value for a presentation.

3. A person requested to advise may decline to act as an adviser. An adviser that is not a

confirmer is not obligated to honor or give value for a presentation. An adviser

undertakes to the issuer and to the beneficiary accurately to advise the terms of the

letter of credit, confirmation, amendment, or advice received by that person and

undertakes to the beneficiary to check the apparent authenticity of the request to

advise. Even if the advice is inaccurate, the letter of credit, confirmation, or

amendment is enforceable as issued.

4. A person who notifies a transferee beneficiary of the terms of a letter of credit,

confirmation, amendment, or advice has the rights and obligations of an adviser under

subsection 3. The terms in the notice to the transferee beneficiary may differ from the

terms in any notice to the transferor beneficiary to the extent permitted by the letter of

credit, confirmation, amendment, or advice received by the person who so notifies.
N.D. Cent. Code § 4.1-33-17 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-17
4.1-33-17. Discarding and storing of pesticides, pesticide containers, and rinsate
Status: in_force

4.1-33-17. Discarding and storing of pesticides, pesticide containers, and rinsate

A person may not discard, store, display, or permit the disposal of surplus pesticides, empty

pesticide containers and devices, or rinsate in such a manner as to endanger the environment

or to endanger food, feed, or any other products that may be stored, displayed, or distributed

with such pesticides. The board shall adopt rules governing the discarding, storage, display, or

disposal of any pesticide, rinsate, pesticide containers, or devices.
N.D. Cent. Code § 41-09-111 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-111
41-09-111. (9-615) Application of proceeds of disposition - Liability for deficiency and right to surplus
Status: in_force

41-09-111. (9-615) Application of proceeds of disposition - Liability for deficiency and

right to surplus.

1. A secured party shall apply or pay over for application the cash proceeds of disposition

under section 41-09-107 in the following order to:

a. The reasonable expenses of retaking, holding, preparing for disposition,

processing, and disposing, and, to the extent provided for by agreement and not

prohibited by law, reasonable attorney's fees and legal expenses incurred by the

secured party;

b. The satisfaction of obligations secured by the security interest or agricultural lien

under which the disposition is made;

c. The satisfaction of obligations secured by any subordinate security interest in or

other subordinate lien on the collateral if:

(1) The secured party receives from the holder of the subordinate security

interest or other lien a signed demand for proceeds before distribution of the

proceeds is completed; and

(2) In a case in which a consignor has an interest in the collateral, the

subordinate security interest or other lien is senior to the interest of the

consignor; and

d. A secured party that is a consignor of the collateral if the secured party receives

from the consignor a signed demand for proceeds before distribution of the

proceeds is completed.

2. If requested by a secured party, a holder of a subordinate security interest or other lien

shall furnish reasonable proof of the interest or lien within a reasonable time. Unless

the holder does so, the secured party need not comply with the holder's demand under

subdivision c of subsection 1.

3. A secured party need not apply or pay over for application noncash proceeds of

disposition under section 41-09-107 unless the failure to do so would be commercially

unreasonable. A secured party that applies or pays over for application noncash

proceeds shall do so in a commercially reasonable manner.

4. If the security interest under which a disposition is made secures payment or

performance of an obligation, after making the payments and applications required by

subsection 1 and permitted by subsection 3:

a. Unless subdivision d of subsection 1 requires the secured party to apply or pay

over cash proceeds to a consignor, the secured party shall account to and pay a

debtor for any surplus; and

b. The obligor is liable for any deficiency.

5. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles,

or promissory notes:

a. The debtor is not entitled to any surplus; and

b. The obligor is not liable for any deficiency.

6. The surplus or deficiency following a disposition is calculated based on the amount of

proceeds that would have been realized in a disposition complying with this part to a

transferee other than the secured party, a person related to the secured party, or a

secondary obligor if:

a. The transferee in the disposition is the secured party, a person related to the

secured party, or a secondary obligor; and

b. The amount of proceeds of the disposition is significantly below the range of

proceeds that a complying disposition to a person other than the secured party, a

person related to the secured party, or a secondary obligor would have brought.

7. A secured party that receives cash proceeds of a disposition in good faith and without

knowledge that the receipt violates the rights of the holder of a security interest or

other lien that is not subordinate to the security interest or agricultural lien under which

the disposition is made:

a. Takes the cash proceeds free of the security interest or other lien;

b. Is not obligated to apply the proceeds of the disposition to the satisfaction of

obligations secured by the security interest or other lien; and

c. Is not obligated to account to or pay the holder of the security interest or other

lien for any surplus.
N.D. Cent. Code § 41-03-11 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-11
41-03-11. (3-111) Place of payment
Status: in_force

41-03-11. (3-111) Place of payment

Except as otherwise provided for items in chapter 41-04, an instrument is payable at the

place of payment stated in the instrument. If no place of payment is stated, an instrument is

payable at the address of the drawee or maker stated in the instrument. If no address is stated,

the place of payment is the place of business of the drawee or maker. If a drawee or maker has

more than one place of business, the place of payment is any place of business of the drawee

or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no

place of business, the place of payment is the residence of the drawee or maker.
N.D. Cent. Code § 41-08-43 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-43
41-08-43. (8-503) Property interest of entitlement holder in financial asset held by securities intermediary
Status: in_force

41-08-43. (8-503) Property interest of entitlement holder in financial asset held by

securities intermediary.

1. To the extent necessary for a securities intermediary to satisfy all security entitlements

with respect to a particular financial asset, all interests in that financial asset held by

the securities intermediary are held by the securities intermediary for the entitlement

holders, are not property of the securities intermediary, and are not subject to claims of

creditors of the securities intermediary, except as otherwise provided in section

41-08-51.

2. An entitlement holder's property interest with respect to a particular financial asset

under subsection 1 is a pro rata property interest in all interests in that financial asset

held by the securities intermediary, without regard to the time the entitlement holder

acquired the security entitlement or the time the securities intermediary acquired the

interest in that financial asset.

3. An entitlement holder's property interest with respect to a particular financial asset

under subsection 1 may be enforced against the securities intermediary only by

exercise of the entitlement holder's rights under sections 41-08-45 through 41-08-48.

4. An entitlement holder's property interest with respect to a particular financial asset

under subsection 1 may be enforced against a purchaser of the financial asset or

interest therein only if:

a. Insolvency proceedings have been initiated by or against the securities

intermediary;

b. The securities intermediary does not have sufficient interests in the financial

asset to satisfy the security entitlements of all of its entitlement holders to that

financial asset;

c. The securities intermediary violated its obligations under section 41-08-44 by

transferring the financial asset or interest therein to the purchaser; and

d. The purchaser is not protected under subsection 5.

The trustee or other liquidator, acting on behalf of all entitlement holders having

security entitlements with respect to a particular financial asset, may recover the

financial asset, or interest therein, from the purchaser. If the trustee or other liquidator

elects not to pursue that right, an entitlement holder whose security entitlement

remains unsatisfied has the right to recover its interest in the financial asset from the

purchaser.

5. An action based on the entitlement holder's property interest with respect to a

particular financial asset under subsection 1, whether framed in conversion, replevin,

constructive trust, equitable lien, or other theory, may not be asserted against any

purchaser of a financial asset or interest therein who gives value, obtains control, and

does not act in collusion with the securities intermediary in violating the securities

intermediary's obligations under section 41-08-44.
N.D. Cent. Code § 4.1-31-05 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-05
4.1-31-05. False or misleading marks, labels, and containers
Status: in_force

4.1-31-05. False or misleading marks, labels, and containers

A person may not sell in intrastate commerce any meat food product subject to inspection

under this chapter under a name, mark, or label that is false or misleading, or in a container of a

misleading form or size. If the commissioner has reason to believe that a mark, label, or

container is false or misleading, the commissioner may direct that its use be withheld unless the

mark, label, or container is modified in a manner approved by the commissioner. If the person

using or proposing to use the mark, label, or container does not accept the determination of the

commissioner, the person may request a hearing. The commissioner may direct that the mark,

label, or container not be used pending a hearing and final determination by the commissioner.

A determination by the commissioner is conclusive unless the person adversely affected

appeals to the district court within thirty days after receiving the notice of final determination.
N.D. Cent. Code § 41-03-25 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-25
41-03-25. (3-206) Restrictive endorsement
Status: in_force

41-03-25. (3-206) Restrictive endorsement

1. An endorsement limiting payment to a particular person or otherwise prohibiting further

transfer or negotiation of the instrument is not effective to prevent further transfer or

negotiation of the instrument.

2. An endorsement stating a condition to the right of the endorsee to receive payment

does not affect the right of the endorsee to enforce the instrument. A person paying the

instrument or taking it for value or collection may disregard the condition, and the

rights and liabilities of that person are not affected by whether the condition has been

fulfilled.

3. The following rules apply to an instrument bearing an endorsement described in

subsection 2 of section 41-04-13, or in blank or to a particular bank using the words

"for deposit", "for collection", or other words indicating a purpose of having the

instrument collected by a bank for the endorser or for a particular account:

a. A person, other than a bank, that purchases the instrument when so endorsed

converts the instrument unless the amount paid for the instrument is received by

the endorser or applied consistently with the endorsement.

b. A depositary bank that purchases the instrument or takes it for collection when so

endorsed converts the instrument unless the amount paid by the bank with

respect to the instrument is received by the endorser or applied consistently with

the endorsement.

c. A payor bank that is also the depositary bank or that takes the instrument for

immediate payment over the counter from a person other than a collecting bank

converts the instrument unless the proceeds of the instrument are received by the

endorser or applied consistently with the endorsement.

d. Except as otherwise provided in subdivision c, a payor bank or intermediary bank

may disregard the endorsement and is not liable if the proceeds of the instrument

are not received by the endorser or applied consistently with the endorsement.

4. Except for an endorsement covered by subsection 3, the following rules apply to an

instrument bearing an endorsement using words to the effect that payment is to be

made to the endorsee as agent, trustee, or other fiduciary for the benefit of the

endorser or another person:

a. Unless there is notice of breach of fiduciary duty as provided in section 41-03-33,

a person that purchases the instrument from the endorsee or takes the

instrument from the endorsee for collection or payment may pay the proceeds of

payment or the value given for the instrument to the endorsee without regard to

whether the endorsee violates a fiduciary duty to the endorser.

b. A later transferee of the instrument or person that pays the instrument is neither

given notice of nor otherwise affected by the restriction in the endorsement

unless the transferee or payor knows that the fiduciary dealt with the instrument

or its proceeds in breach of fiduciary duty.

5. The presence on an instrument of an endorsement to which this section applies does

not prevent a purchaser of the instrument from becoming a holder in due course of the

instrument unless the purchaser is a converter under subsection 3 or has notice or

knowledge of breach of fiduciary duty as stated in subsection 4.

6. If an action to enforce the obligation of a party to pay the instrument, the obligor has a

defense if payment would violate an endorsement to which this section applies and the

payment is not permitted by this section.
N.D. Cent. Code § 4.1-30-02 — ND Code / Title 4.1 / Chapter 4.1-30 / Section 4.1-30-02
4.1-30-02. Livestock purchased by weight to be graded - Penalty
Status: in_force

4.1-30-02. Livestock purchased by weight to be graded - Penalty

An officer or employee of a packing plant within this state may not purchase any livestock

by weight unless such livestock has been graded and sorted in the yard and the price per pound

[.45 kilogram] for each grade fixed and determined before the livestock is weighed. Any officer

or employee of a packing plant who violates this section is guilty of an infraction.
N.D. Cent. Code § 4.1-14-02 — ND Code / Title 4.1 / Chapter 4.1-14 / Section 4.1-14-02
4.1-14-02. Agents of the commissioner - Designation - Training
Status: in_force

4.1-14-02. Agents of the commissioner - Designation - Training

The agriculture commissioner may designate individuals to serve as agents of the

commissioner for the purpose of conducting the inspections permitted by this chapter. To be

designated as an agent, an individual must:

1. Be a weed control officer;

2. Be a member of a county or a city weed board;

3. Be determined by the commissioner to have a level of education and experience

sufficient to accurately perform the requested certifications; or

4. At least once every thirty-six months, successfully complete a training program

conducted by the commissioner.
N.D. Cent. Code § 4.1-53-03 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-03
4.1-53-03. Official seal
Status: repealed

4.1-53-03. Official seal

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-04-02 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-02
4.1-04-02. Corn districts - Establishment
Status: in_force

4.1-04-02. Corn districts - Establishment

The state consists of the following seven corn districts:

1. Richland County;

2. Cass, Steele, and Traill Counties;

3. Benson, Bottineau, Burke, Cavalier, Divide, Grand Forks, McHenry, Mountrail, Nelson,

Pembina, Pierce, Ramsey, Renville, Rolette, Towner, Walsh, Ward, and Williams

Counties;

4. Barnes, Eddy, Foster, Griggs, and Stutsman Counties;

5. Sargent and Ransom Counties;

6. Dickey and LaMoure Counties; and

7. All remaining counties in which corn is grown.
N.D. Cent. Code § 41-07-28 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-28
41-07-28. (7-403) Obligation of bailee to deliver - Excuse
Status: in_force

41-07-28. (7-403) Obligation of bailee to deliver - Excuse

1. A bailee shall deliver the goods to a person entitled under a document of title if the

person complies with subsections 2 and 3 unless and to the extent that the bailee

establishes any of the following:

a. Delivery of the goods to a person whose receipt was rightful as against the

claimant;

b. Damage to or delay, loss, or destruction of the goods for which the bailee is not

liable;

c. Previous sale or other disposition of the goods in lawful enforcement of a lien or

on a warehouse's lawful termination of storage;

d. The exercise by a seller of its right to stop delivery pursuant to section 41-02-84

or by a lessor of its right to stop delivery pursuant to section 41-02.1-74;

e. A diversion, reconsignment, or other disposition pursuant to section 41-07-19;

f. Release, satisfaction, or any other personal defense against the claimant; or

g. Any other lawful excuse.

2. A person claiming goods covered by a document of title shall satisfy the bailee's lien if

the bailee so requests or if the bailee is prohibited by law from delivering the goods

until the charges are paid.

3. Unless a person claiming the goods is a person against which the document of title

does not confer a right under subsection 1 of section 41-07-32:

a. The person claiming under a document shall surrender possession or control of

any outstanding negotiable document covering the goods for cancellation or

indication of partial deliveries; and

b. The bailee shall cancel the document or conspicuously indicate in the document

the partial delivery or the bailee is liable to any person to which the document is

duly negotiated.
N.D. Cent. Code § 41-02-56 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-56
41-02-56. (2-508) Cure by seller of improper tender or delivery - Replacement
Status: in_force

41-02-56. (2-508) Cure by seller of improper tender or delivery - Replacement

1. If any tender or delivery by the seller is rejected because nonconforming and the time

for performance has not yet expired, the seller may seasonably notify the buyer of the

seller's intention to cure and may then within the contract time make a conforming

delivery.

2. If the buyer rejects a nonconforming tender which the seller had reasonable grounds

to believe would be acceptable with or without money allowance, the seller may, if the

seller seasonably notifies the buyer, have a further reasonable time to substitute a

conforming tender.
N.D. Cent. Code § 4.1-06-01 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-01
4.1-06-01. Definitions
Status: in_force

4.1-06-01. Definitions

As used in this chapter:

1. "Commissioner" means the agriculture commissioner or the commissioner's designee.

2. "Council" means the North Dakota dry bean council.

3. "Designated handler" means any person that initially places dry beans into the

channels of trade and commerce or any person that is engaged in the processing of

beans into food for human consumption. The term does not include a producer selling

the producer's unharvested dry beans or delivering the producer's dry beans from the

farm on which they are produced to storage facilities, packing sheds, or processing

plants within the state.

4. "Dry beans" mean all varieties of dry beans harvested in this state. The term does not

include soybeans.

5. "Participating producer" means a producer that has not applied for a refund under

section 4.1-06-15 during the preceding twelve months.

6. "Producer" means any person that:

a. Plants or causes to be planted a dry bean crop in which the person has an

ownership interest, with the intent that upon maturity the crop will be harvested;

b. Will have met the requirements of subdivision a during the next available growing

season; or

c. Has met the requirements of subdivision a during the immediately preceding

growing season.
N.D. Cent. Code § 41-03-04 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-04
41-03-04. (3-104) Negotiable instrument
Status: in_force

41-03-04. If the person whose specimen signature appears on an instrument fails to

countersign the instrument, the failure to countersign is a defense to the obligation of

the issuer, but the failure does not prevent a transferee of the instrument from

becoming a holder of the instrument.

4. If a promise or order at the time it is issued or first comes into possession of a holder

contains a statement, required by applicable statutory or administrative law, to the

effect that the rights of a holder or transferee are subject to claims or defenses that the

issuer could assert against the original payee, the promise or order is not thereby

made conditional for the purposes of subsection 1 of section 41-03-04, but if the

promise or order is an instrument, there cannot be a holder in due course of the

instrument.
N.D. Cent. Code § 4.1-26-35 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-35
4.1-26-35. Administrative and regulatory functions
Status: in_force

4.1-26-35. Administrative and regulatory functions

All administrative and regulatory functions of the board must be exercised in accordance

with chapter 28-32.
N.D. Cent. Code § 41-09-23 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-23
41-09-23. (9-303) Law governing perfection and priority of security interests in goods covered by a certificate of title
Status: in_force

41-09-23. (9-303) Law governing perfection and priority of security interests in goods

covered by a certificate of title.

1. This section applies to goods covered by a certificate of title, even if there is no other

relationship between the jurisdiction under whose certificate of title the goods are

covered and the goods or the debtor.

2. Goods become covered by a certificate of title when a valid application for the

certificate of title and the applicable fee are delivered to the appropriate authority.

Goods cease to be covered by a certificate of title at the earlier of the time the

certificate of title ceases to be effective under the law of the issuing jurisdiction or the

time the goods become covered subsequently by a certificate of title issued by another

jurisdiction.

3. The local law of the jurisdiction under whose certificate of title the goods are covered

governs perfection, the effect of perfection or nonperfection, and the priority of a

security interest in goods covered by a certificate of title from the time the goods

become covered by the certificate of title until the goods cease to be covered by the

certificate of title.
N.D. Cent. Code § 4.1-25-28 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-28
4.1-25-28. Standards for the production of manufacturing grade milk - Minimum standards of rules
Status: in_force

4.1-25-28. Standards for the production of manufacturing grade milk - Minimum

standards of rules.

At a minimum, rules governing the production and processing of milk for manufactured dairy

products must comply with United States department of agriculture minimum standards for

manufacturing grade dairy products.
N.D. Cent. Code § 4.1-26-24 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-24
4.1-26-24. License application - Required declaration
Status: in_force

4.1-26-24. License application - Required declaration

1. As a condition of licensure, an applicant for a processor's license shall declare in the

application that the applicant:

a. Will not sell milk products or frozen dairy products to any person who is not

properly licensed in accordance with this chapter;

b. Will sell such milk products or frozen dairy products as are customarily handled

by a processor to any retailer who:

(1) Desires to purchase such products from the processor; and

(2) Has a place of business in any community in which the processor

processes, distributes, or sells milk products or frozen dairy products; and

c. Will offer to any retailer the same frequency of delivery and the same in-store

services as are customary in the community.

2. As a condition of licensure, an applicant for a distributor's license shall declare in the

application that the applicant:

a. Will not sell milk products or frozen dairy products to any person who is not

licensed in accordance with this chapter;

b. Will not purchase milk products or frozen dairy products from any person who is

not licensed in accordance with this chapter;

c. Will sell such milk products or frozen dairy products as are customarily handled

by a distributor to any retailer who:

(1) Desires to purchase such products from the distributor; and

(2) Has a place of business in any community in which the distributor distributes

or sells milk products or frozen dairy products; and

d. Will offer to any retailer the same frequency of delivery and the same in-store

services as are customary in the community.

3. As a condition of licensure, an applicant for a retailer's license shall declare in the

application that the applicant will not purchase milk products or frozen dairy products

from any person who is not licensed in accordance with this chapter.

4. For purposes of this section, "community" means a city, together with any commonly

recognized residential or business area adjacent to the city.
N.D. Cent. Code § 4.1-31-23 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-23
4.1-31-23. Types of proceedings - Award of costs
Status: in_force

4.1-31-23. Types of proceedings - Award of costs

If a decree of condemnation is entered against an article or animal and it is released under

bond or destroyed, a court may award costs, fees, storage, and other reasonable expenses

against any person intervening as a claimant of the article or animal. Either party to a

proceeding may demand trial by jury of any issue of fact joined in the case, and all proceedings

must be in the name of the state. Nothing in this section changes the authority for condemnation

or seizure otherwise conferred by law.
N.D. Cent. Code § 4.1-41-16 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-16
4.1-41-16. Publications
Status: in_force

4.1-41-16. Publications

1. The commissioner may publish information regarding commercial feeds, including their

production, sales, and use, and publish a comparison of the analyses of official

samples of commercial feeds sold in this state with the analyses guaranteed in their

registration and on their label.

2. Information regarding the production and use of commercial feeds may not disclose

the operations of any person.
N.D. Cent. Code § 4.1-31-22 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-22
4.1-31-22. Destruction or sale of condemned items
Status: in_force

4.1-31-22. Destruction or sale of condemned items

If an article or animal is condemned, it must be disposed of by destruction or sale, as

directed by a court. If an article or animal is sold, the proceeds must be paid to the state, less

the court costs, fees, storage, and reasonable expenses, but the article or animal must not be

sold contrary to this chapter or federal law. If a bond is delivered conditioned that the article or

animal not be sold or otherwise disposed of contrary to this chapter or federal law, the court may

direct the article or animal be delivered to its owner subject to supervision by the commissioner.
N.D. Cent. Code § 41-09-26.2 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-26.2
41-09-26.2. (9-306B) Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles
Status: in_force

41-09-26.2. (9-306B) Law governing perfection and priority of security interests in

controllable accounts, controllable electronic records, and controllable payment

intangibles.

1. Except as provided in subsection 2, the local law of the controllable electronic record's

jurisdiction specified in subsections 3 and 4 of section 41-12-07 governs perfection,

the effect of perfection or nonperfection, and the priority of a security interest in a

controllable electronic record and a security interest in a controllable account or

controllable payment intangible evidenced by the controllable electronic record.

2. The local law of the jurisdiction in which the debtor is located governs:

a. Perfection of a security interest in a controllable account, controllable electronic

record, or controllable payment intangible by filing; and

b. Automatic perfection of a security interest in a controllable payment intangible

created by a sale of the controllable payment intangible.
N.D. Cent. Code § 4.1-26-05 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-05
4.1-26-05. Chairman - Meetings
Status: in_force

4.1-26-05. Chairman - Meetings

1. Annually, the board shall elect one member to serve as the chairman.

2. The chairman shall call all meetings of the board and shall call a special meeting of the

board within seven days when petitioned to do so by three board members.
N.D. Cent. Code § 41-09-12 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-12
41-09-12. (9-202) Title to collateral immaterial
Status: in_force

41-09-12. (9-202) Title to collateral immaterial

Except as otherwise provided with respect to consignments or sales of accounts, chattel

paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to

rights and obligations apply whether title to collateral is in the secured party or the debtor.
N.D. Cent. Code § 41-04.1-22 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-22
41-04.1-22. (4A-302) Obligations of receiving bank in execution of payment order
Status: in_force

41-04.1-22. (4A-302) Obligations of receiving bank in execution of payment order

1. Except as provided in subsections 2 through 4, if the receiving bank accepts a

payment order under subsection 1 of section 41-04.1-17, the bank has the following

obligations in executing the order:

a. The receiving bank is obliged to issue, on the execution date, a payment order

complying with the sender's order and to follow the sender's instructions

concerning any intermediary bank or funds-transfer system to be used in carrying

out the funds transfer or the means by which payment orders are to be

transmitted in the funds transfer. If the originator's bank issues a payment order

to an intermediary bank, the originator's bank is obliged to instruct the

intermediary bank according to the instruction of the originator. An intermediary

bank in the funds transfer is similarly bound by an instruction given to it by the

sender of the payment order it accepts.

b. If the sender's instruction states that the funds transfer is to be carried out

telephonically or by wire transfer or otherwise indicates that the funds transfer is

to be carried out by the most expeditious means, the receiving bank is obliged to

transmit its payment order by the most expeditious available means and to

instruct any intermediary bank accordingly. If a sender's instruction states a

payment date, the receiving bank is obliged to transmit its payment order at a

time and by means reasonably necessary to allow payment to the beneficiary on

the payment date or as soon thereafter as is feasible.

2. Unless otherwise instructed, a receiving bank executing a payment order may use any

funds-transfer system if use of that system is reasonable in the circumstances and

issue a payment order to the beneficiary's bank or to an intermediary bank through

which a payment order conforming to the sender's order can expeditiously be issued to

the beneficiary's bank if the receiving bank exercises ordinary care in the selection of

the intermediary bank. A receiving bank is not required to follow an instruction of the

sender designating a funds-transfer system to be used in carrying out the funds

transfer if the receiving bank, in good faith, determines that it is not feasible to follow

the instruction or that following the instruction would unduly delay completion of the

funds transfer.

3. Unless subdivision b of subsection 1 applies or the receiving bank is otherwise

instructed, the bank may execute a payment order by transmitting its payment order by

first-class mail or by any means reasonable in the circumstances. If the receiving bank

is instructed to execute the sender's order by transmitting its payment order by a

particular means, the receiving bank may issue its payment order by the means stated

or by any means as expeditious as the means stated.

4. Unless instructed by the sender, the receiving bank may not obtain payment of its

charges for services and expenses in connection with the execution of the sender's

order by issuing a payment order in an amount equal to the amount of the sender's

order less the amount of the charges and may not instruct a subsequent receiving

bank to obtain payment of its charges in the same manner.
N.D. Cent. Code § 4.1-08-03 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-03
4.1-08-03. Submission of assessments - Civil penalty
Status: in_force

4.1-08-03. Submission of assessments - Civil penalty

1. Each beekeeper shall submit the assessment required by section 4.1-08-02 to the

commissioner at the same time the beekeeper submits the license application required

by section 4.1-16-02.

2. If a beekeeper fails to submit the assessment as required by this section, the

commissioner may impose a penalty equal to five percent of the amount due, plus

interest at the rate of six percent per annum from the due date.
N.D. Cent. Code § 41-03-26 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-26
41-03-26. (3-207) Reacquisition
Status: in_force

41-03-26. (3-207) Reacquisition

Reacquisition of an instrument occurs if it is transferred, by negotiation or otherwise, to a

former holder. A former holder that reacquires the instrument may cancel endorsements made

after the reacquirer first became a holder of the instrument. If the cancellation causes the

instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the

instrument. An endorser whose endorsement is canceled is discharged, and the discharge is

effective against any later holder.
N.D. Cent. Code § 41-02.1-31 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-31
41-02.1-31. (2A-301) Enforceability of lease contract
Status: in_force

41-02.1-31. (2A-301) Enforceability of lease contract

Except as otherwise provided in this chapter, a lease contract is effective and enforceable

according to its terms between the parties against purchasers of the goods and against

creditors of the parties.
N.D. Cent. Code § 41-01-18 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-18
41-01-18. (1-304) Obligation of good faith
Status: in_force

41-01-18. (1-304) Obligation of good faith

Every contract or duty within this title imposes an obligation of good faith in its performance

and enforcement. This section does not support an independent claim for relief for failure to

perform or enforce in good faith and does not create a separate duty of fairness and

reasonableness which can be independently breached.
N.D. Cent. Code § 41-08-05 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-05
41-08-05. (8-105) Notice of adverse claim
Status: in_force

41-08-05. (8-105) Notice of adverse claim

1. A person has notice of an adverse claim if:

a. The person knows of the adverse claim;

b. The person is aware of facts sufficient to indicate that there is a significant

probability that the adverse claim exists and deliberately avoids information that

would establish the existence of the adverse claim; or

c. The person has a duty, imposed by statute or regulation, to investigate whether

an adverse claim exists, and the investigation required would establish the

existence of the adverse claim.

2. Having knowledge that a financial asset or interest therein is or has been transferred

by a representative imposes no duty of inquiry into the rightfulness of a transaction

and is not notice of an adverse claim. However, a person who knows that a

representative has transferred a financial asset or interest therein in a transaction that

is, or whose proceeds are being used, for the individual benefit of the representative or

otherwise in breach of duty has notice of an adverse claim.

3. An act or event that creates a right to immediate performance of the principal

obligation represented by a security certificate or sets a date on or after which the

certificate is to be presented or surrendered for redemption or exchange does not itself

constitute notice of an adverse claim except in the case of a transfer more than:

a. One year after a date set for presentment or surrender for redemption or

exchange; or

b. Six months after a date set for payment of money against presentation or

surrender of the certificate, if money was available for payment on that date.

4. A purchaser of a certificated security has notice of an adverse claim if the security

certificate:

a. Whether in bearer or registered form, has been endorsed "for collection" or "for

surrender" or for some other purpose not involving transfer; or

b. Is in bearer form and has on it an unambiguous statement that it is the property of

a person other than the transferor, but the mere writing of a name on the

certificate is not such a statement.

5. Filing of a financing statement under chapter 41-09 is not notice of an adverse claim to

a financial asset.
N.D. Cent. Code § 4.1-11-03 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-03
4.1-11-03. North Dakota soybean council - Membership - Terms
Status: in_force

4.1-11-03. North Dakota soybean council - Membership - Terms

1. The council consists of one producer elected from each of the districts established in

section 4.1-11-02.

2. Each member of the council must be a resident of the district the member represents

and a producer.

3. a. The term of each elected member is three years and begins on July first following

the member's election. Except as otherwise provided in this subsection, the terms

must be staggered so that no more than four expire each year.

b. Between December first and March thirty-first of the subsequent year, each

district established by section 4.1-11-02 which has a vacancy shall elect an

individual to serve as a council member with a term beginning July first. The

terms of all council members expire on June thirtieth of the third year of each

member's term.

4. If at any time during a member's term the member ceases to possess any of the

qualifications provided for in this section, the member's office is deemed vacant and

the council, by majority vote, shall appoint another qualified producer to serve for the

remainder of the term.

5. An elected member of the council may not serve more than two consecutive terms.

6. If an individual is appointed to complete a vacancy, that service is not counted as a

term for purposes of this section unless the duration of that service exceeds one year.
N.D. Cent. Code § 4.1-56-05 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-05
4.1-56-05. Seed potato control area - Governance committee
Status: in_force

4.1-56-05. Seed potato control area - Governance committee

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 of

operation must be provided for in the seed potato control area's bylaws and agreed to

by at least eighty percent of the landowners or occupants within the control area.

3. If fewer than three qualified individuals are willing or able to serve as members of the

governance committee, the governance committee shall consist of the lesser number.

If, however, no qualified individual is willing or able to serve on the governance

committee, the seed commissioner shall dissolve the seed potato control area.
N.D. Cent. Code § 4.1-40.1-13 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-13
4.1-40.1-13. Penalties
Status: in_force

4.1-40.1-13. Penalties

1. Any person that knowingly violates this chapter is guilty of a class A misdemeanor.

2. When construing and enforcing the provisions of this chapter, the act, omission, or

failure of any officer, agent, or other person acting for or employed by any person must

be deemed also to be the act, omission, or failure of the person or the employed

person.

3. A person that violates this chapter or the rules adopted under this chapter is subject to

a civil penalty not to exceed two thousand five hundred dollars per violation. The civil

penalty may be imposed by a court in a civil proceeding or by the agriculture

commissioner through a proceeding under chapter 28-32. The assessment of a civil

penalty does not preclude the imposition of other sanctions authorized by law, this

chapter, or rules adopted under this chapter.

4. After the hearing, the commissioner may deny, suspend, revoke, or modify the

provision of a certification issued under this chapter, if the commissioner determines

the applicant for certification or the holder of a certificate has violated this chapter or a

rule adopted under this chapter.
N.D. Cent. Code § 4.1-21-01 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-01
4.1-21-01. State forester - Appointment - Qualifications - Duties
Status: in_force

4.1-21-01. State forester - Appointment - Qualifications - Duties

The board of higher education shall appoint the state forester.

1. The state forester must be a graduate of an accredited school of forestry with a

minimum education of a bachelor of science degree in forestry. The state forester shall

serve as the director of the state forest service and, subject to the approval of the

board of higher education and the president of North Dakota state university, may

employ assistants and secure office facilities and equipment necessary for the

administration of this chapter and the performance of the powers and duties of the

office.

2. The state forester shall:

a. Supervise the raising and distribution of seeds and forest tree planting stock as

provided in this chapter.

b. Promote practical forestry and compile and disseminate information relative to

practical forestry to landowners, community groups, schools, and other

organizations interested in forestry.

c. Encourage the development, use, and wise stewardship of forest resources.

d. Provide assistance to landowners, producers, and public bodies relating to

forestry, reforestation, protection of forest resources, prevention and suppression

of fires, planting of trees and shrubs, and the growing, harvesting, marketing, and

management of forest resources.
N.D. Cent. Code § 41-04.1-03 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-03
41-04.1-03. (4A-103) Payment order - Definitions
Status: in_force

41-04.1-03. (4A-103) Payment order - Definitions

1. In this chapter:

a. "Beneficiary" means the person to be paid by the beneficiary's bank.

b. "Beneficiary's bank" means the bank identified in a payment order in which an

account of the beneficiary is to be credited pursuant to the order or which

otherwise is to make payment to the beneficiary if the order does not provide for

payment to an account.

c. "Payment order" means an instruction of a sender to a receiving bank,

transmitted orally or in a record, to pay, or to cause another bank to pay, a fixed

or determinable amount of money to a beneficiary if:

(1) The instruction does not state a condition to payment to the beneficiary

other than time of payment.

(2) The receiving bank is to be reimbursed by debiting an account of, or

otherwise receiving payment from, the sender.

(3) The instruction is transmitted by the sender directly to the receiving bank or

to an agent, funds-transfer system, or communication system for transmittal

to the receiving bank.

d. "Receiving bank" means the bank to which the sender's instruction is addressed.

e. "Sender" means the person giving the instruction to the receiving bank.

2. If an instruction complying with subdivision a of subsection 1 is to make more than one

payment to a beneficiary, the instruction is a separate payment order with respect to

each payment.

3. A payment order is issued when it is sent to the receiving bank.
N.D. Cent. Code § 4.1-31-18 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-18
4.1-31-18. Cooperation with federal government
Status: in_force

4.1-31-18. Cooperation with federal government

The commissioner shall cooperate with the United States department of agriculture to

develop and administer the state meat inspection program provided for under this chapter and

to ensure its requirements are at least equal to those imposed by federal law. The commissioner

may accept, from the United States department of agriculture, advice and assistance in planning

and otherwise developing the state meat inspection program; technical and laboratory

assistance and training, including necessary curricular and instructional materials and

equipment; and financial and other assistance for the administration of the program.
N.D. Cent. Code § 41-05-17 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-17
41-05-17. (5-117) Subrogation of issuer, applicant, and nominated person
Status: in_force

41-05-17. (5-117) Subrogation of issuer, applicant, and nominated person

1. An issuer that honors a beneficiary's presentation is subrogated to the rights of the

beneficiary to the same extent as if the issuer were a secondary obligor of the

underlying obligation owed to the beneficiary and of the applicant to the same extent

as if the issuer were the secondary obligor of the underlying obligation owed to the

applicant.

2. An applicant that reimburses an issuer is subrogated to the rights of the issuer against

any beneficiary, presenter, or nominated person to the same extent as if the applicant

were the secondary obligor of the obligations owed to the issuer and has the rights of

subrogation of the issuer to the rights of the beneficiary stated in subsection 1.

3. A nominated person who pays or gives value against a draft or demand presented

under a letter of credit is subrogated to the rights of:

a. The issuer against the applicant to the same extent as if the nominated person

were a secondary obligor of the obligation owed to the issuer by the applicant;

b. The beneficiary to the same extent as if the nominated person were a secondary

obligor of the underlying obligation owed to the beneficiary; and

c. The applicant to the same extent as if the nominated person were a secondary

obligor of the underlying obligation owed to the applicant.

4. Notwithstanding any agreement or term to the contrary, the rights of subrogation stated

in subsections 1 and 2 do not arise until the issuer honors the letter of credit or

otherwise pays and the rights in subsection 3 do not arise until the nominated person

pays or otherwise gives value. Until then, the issuer, nominated person, and the

applicant do not derive under this section present or prospective rights forming the

basis of a claim, defense, or excuse.
N.D. Cent. Code § 41-04.1-31 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-31
41-04.1-31. (4A-406) Payment by originator to beneficiary - Discharge of underlying obligation
Status: in_force

41-04.1-31. (4A-406) Payment by originator to beneficiary - Discharge of underlying

obligation.

1. Subject to subsection 5 of section 41-04.1-19 and to subsections 4 and 5 of section

41-04.1-30, the originator of a funds transfer pays the beneficiary of the originator's

payment order at the time a payment order for the benefit of the beneficiary is

accepted by the beneficiary's bank in the funds transfer and in an amount equal to the

amount of the order accepted by the beneficiary's bank, but not more than the amount

of the originator's order.

2. If payment under subsection 1 is made to satisfy an obligation, the obligation is

discharged to the same extent discharge would result from payment to the beneficiary

of the same amount in money, unless the payment under subsection 1 was made by a

means prohibited by the contract of the beneficiary with respect to the obligation; the

beneficiary, within a reasonable time after receiving notice of receipt of the order by the

beneficiary's bank, notified the originator of the beneficiary's refusal of the payment;

funds with respect to the order were not withdrawn by the beneficiary or applied to a

debt of the beneficiary; and the beneficiary would suffer a loss that could reasonably

have been avoided if payment had been made by a means complying with the

contract. If payment by the originator does not result in discharge under this section,

the originator is subrogated to the rights of the beneficiary to receive payment from the

beneficiary's bank under subsection 1 of section 41-04.1-29.

3. For the purpose of determining whether discharge of an obligation occurs under

subsection 2, if the beneficiary's bank accepts a payment order in an amount equal to

the amount of the originator's payment order less charges of one or more receiving

banks in the funds transfer, payment to the beneficiary is deemed to be in the amount

of the originator's order unless upon demand by the beneficiary the originator does not

pay the beneficiary the amount of the deducted charges.

4. Rights of the originator or of the beneficiary of a funds transfer under this section may

be varied only by agreement of the originator and the beneficiary.
N.D. Cent. Code § 41-02.1-52 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-52
41-02.1-52. (2A-504) Liquidation of damages
Status: in_force

41-02.1-52. (2A-504) Liquidation of damages

1. Damages payable by either party for default, or any other act or omission, including

indemnity for loss or diminution of anticipated tax benefits or loss or damage to a

lessor's residual interest, may be liquidated in the lease agreement but only at an

amount or by a formula that is reasonable in light of the then anticipated harm caused

by the default or other act or omission.

2. If the lease agreement provides for liquidation of damages, and the provision does not

comply with subsection 1, or the provision is an exclusive or limited remedy that

circumstances cause to fail of its essential purpose, remedy may be had as provided

in this chapter.

3. If the lessor justifiably withholds or stops delivery of goods because of the lessee's

default or insolvency (section 41-02.1-73 or 41-02.1-74), the lessee is entitled to

restitution of any amount by which the sum of the lessee's payments exceeds:

a. The amount to which the lessor is entitled by virtue of terms liquidating the

lessor's damages under subsection 1; or

b. In the absence of those terms, twenty percent of the then present value of the

total rent the lessee was obligated to pay for the balance of the lease term, or, in

the case of a consumer lease, the lesser of that amount or five hundred dollars.

4. A lessee's right to restitution under subsection 3 is subject to offset to the extent the

lessor establishes:

a. A right to recover damages under the provisions of this chapter other than

subsection 1; and

b. The amount or value of any benefits received by the lessee directly or indirectly

by reason of the lease contract.
N.D. Cent. Code § 4.1-54-02 — ND Code / Title 4.1 / Chapter 4.1-54 / Section 4.1-54-02
4.1-54-02. Seed arbitration board - Compensation
Status: in_force

4.1-54-02. Seed arbitration board - Compensation

The chairman of the seed division of the North Dakota agriculture association and the

producer are entitled to receive compensation in the amount of one hundred thirty-five dollars

per day plus reimbursement for expenses as provided by law for state officials, if the individual

is attending meetings or performing duties directed by the board. The compensation and

reimbursement for expenses required by this section must be paid by the agriculture

commissioner.
N.D. Cent. Code § 4.1-54-03 — ND Code / Title 4.1 / Chapter 4.1-54 / Section 4.1-54-03
4.1-54-03. Seed arbitration board - Rules of operation and procedure
Status: in_force

4.1-54-03. Seed arbitration board - Rules of operation and procedure

The seed arbitration board shall adopt rules of operation and procedure for arbitration

hearings, including a formula for reimbursement by the parties of the expenses of the arbitration

process.
N.D. Cent. Code § 4.1-53-09 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-09
4.1-53-09. Seed commission - Duties
Status: repealed

4.1-53-09. Seed commission - Duties

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-34-06 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-06
4.1-34-06. Determinations - Rules - Uniformity
Status: in_force

4.1-34-06. Determinations - Rules - Uniformity

1. After providing an opportunity for a hearing, the commissioner may:

a. Declare as a pest any form of plant or animal life or virus which is injurious to

plants, humans, domestic animals, articles, or substances.

b. Determine whether pesticides are highly toxic to humans and whether their use

should be restricted.

c. Determine standards of coloring or discoloring for pesticides and to subject

pesticides to the requirements of subdivision c of subsection 1 of section

4.1-34-02.

2. The commissioner may adopt appropriate rules for carrying out this chapter, including

rules providing for the collection and examination of samples of pesticides or devices.

The commissioner also may adopt rules, applicable to and in conformity with the

primary standards established by this chapter, prescribed by the United States

environmental protection agency with respect to pesticides to provide uniformity

among the requirements of the several states and the federal government.
N.D. Cent. Code § 4.1-20-40 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-40
4.1-20-40. Discontinuance of districts - Petition - Referendum - Eligible qualified electors
Status: in_force

4.1-20-40. Discontinuance of districts - Petition - Referendum - Eligible qualified

electors.

Five years after the date a district was organized, twenty-five percent of the qualified

electors living within the boundaries of the district may file a petition with the state soil

conservation committee to terminate the operations of the district. The committee then shall

conduct public hearings upon the petition to determine whether there is sufficient basis for an

election to be held. If the committee determines there is sufficient basis for an election, the

committee shall give due notice of the holding of an election and shall issue appropriate

regulations governing the conduct of the election within sixty days after the committee has made

its determination. The question to be voted on at the election must be submitted by ballot in

substantially the following form:

Should the (insert name of district) be terminated? Yes ☐

No ☐

All qualified electors residing within the boundaries of the district are eligible to vote in the

election. The committee shall supervise the election. Informalities in the conduct of the election

or in any matters relating to the election do not invalidate the election or its result if notice of the

election has been given substantially as required by this chapter and the election has been fairly

conducted.
N.D. Cent. Code § 4.1-73-19 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-19
4.1-73-19. Proof of ownership - Alteration or falsification - Penalty
Status: in_force

4.1-73-19. Proof of ownership - Alteration or falsification - Penalty

A person that knowingly makes, completes, alters, or in any way falsifies any document

evidencing proof of livestock ownership, with the intent to deceive or harm another, is guilty of a

class B felony.
N.D. Cent. Code § 4.1-03-17 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-17
4.1-03-17. Permitted refunds of assessment - Refunds requiring certification by attorney general
Status: in_force

4.1-03-17. Permitted refunds of assessment - Refunds requiring certification by

attorney general.

1. a. When the attorney general certifies to the commission that refunds of

assessments paid under subdivision a of subsection 1 of section 4.1-03-11 are no

longer precluded by federal law, the commission may provide to producers

refunds of assessments paid under subdivision a of subsection 1 of section

4.1-03-11.

b. Refunds of assessments paid under subdivision b of subsection 1 of section

4.1-03-11 are available, subject to the requirements of this section.

2. a. To receive a permitted refund of any assessment paid in accordance with this

chapter, a producer shall request a refund application from the commission within

sixty days after the date of the sale. The request may be made orally, in writing,

or in electronic form.

b. The producer must complete the refund application and return the application to

the commission, together with a record of the assessment paid, within ninety

days after the date of the sale. The application may be returned to the

commission in person, by mail, or in electronic form. The commission shall then

refund the net amount of the assessment that had been collected.

c. If a request for a refund is not submitted to the commission within the prescribed

time period, the producer is presumed to have agreed to the assessment.
N.D. Cent. Code § 4.1-83-24 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-24
4.1-83-24. Maintenance of action - Marshalling of assets
Status: in_force

4.1-83-24. Maintenance of action - Marshalling of assets

1. The agriculture commissioner, as trustee, may in the name of the state upon its own

relation but for the benefit of all claimants against the livestock dealer's bond, maintain

suits or special proceedings upon the bond and against any person who has converted

any of the livestock, for the purpose of marshalling all of the trust assets of the

insolvent dealer and distributing the assets among the claimants.

2. However, recourse must be had against the bond before recourse is had against a

person who knowingly and in good faith converted any of the livestock, unless the

agriculture commissioner determines it necessary that all of the remedies be pursued

at the same time.
N.D. Cent. Code § 41-09-97 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-97
41-09-97. (9-526) Rules
Status: in_force

41-09-97. (9-526) Rules

The secretary of state shall adopt and publish rules to implement this chapter. The rules

must be:

1. Consistent with this chapter; and

2. Adopted and published in accordance with chapter 28-32.
N.D. Cent. Code § 4.1-04-19 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-19
4.1-04-19. Penalty
Status: in_force

4.1-04-19. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-55-14 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-14
4.1-55-14. Prohibitions
Status: in_force

4.1-55-14. Prohibitions

1. A person may not offer for sale, sell, transport, or ship any seed potatoes that:

a. Are not labeled in accordance with this chapter; or

b. Are labeled with information the person knows is false or misleading.

2. A person that sells seed may not alter the label or a grade inspection certificate issued

by the seed commissioner.
N.D. Cent. Code § 41-09-83 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-83
41-09-83. (9-512) Amendment of financing statement
Status: in_force

41-09-83. (9-512) Amendment of financing statement

1. Subject to section 41-09-80, a person may add or delete collateral covered by,

continue or terminate the effectiveness of, or, subject to subsection 5, otherwise

amend the information provided in, a financing statement by filing an amendment that:

a. Identifies, by its file number, the initial financing statement to which the

amendment relates; and

b. If the amendment relates to an initial financing statement filed or recorded in a

filing office described in subdivision a of subsection 1 of section 41-09-72,

provides the information specified in subsection 2 of section 41-09-73.

2. Except as otherwise provided in section 41-09-86, the filing of an amendment does not

extend the period of effectiveness of the financing statement.

3. A financing statement that is amended by an amendment that adds collateral is

effective as to the added collateral only from the date of the filing of the amendment.

4. A financing statement that is amended by an amendment that adds a debtor is

effective as to the added debtor only from the date of the filing of the amendment.

5. An amendment is ineffective to the extent it:

a. Purports to delete all debtors and fails to provide the name of a debtor to be

covered by the financing statement; or

b. Purports to delete all secured parties of record and fails to provide the name of a

new secured party of record.
N.D. Cent. Code § 41-09-79 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-79
41-09-79. (9-508) Effectiveness of financing statement if new debtor becomes bound by security agreement
Status: in_force

41-09-79. (9-508) Effectiveness of financing statement if new debtor becomes bound

by security agreement.

1. Except as otherwise provided in this section, a filed financing statement naming an

original debtor is effective to perfect a security interest in collateral in which a new

debtor has or acquires rights to the extent that the financing statement would have

been effective had the original debtor acquired rights in the collateral.

2. If the difference between the name of the original debtor and that of the new debtor

causes a filed financing statement that is effective under subsection 1 to be seriously

misleading under section 41-09-77:

a. The financing statement is effective to perfect a security interest in collateral

acquired by the new debtor before, and within four months after, the new debtor

becomes bound under subsection 4 of section 41-09-13; and

b. The financing statement is not effective to perfect a security interest in collateral

acquired by the new debtor more than four months after the new debtor becomes

bound under subsection 4 of section 41-09-13 unless an initial financing

statement providing the name of the new debtor is filed before the expiration of

that time.

3. This section does not apply to collateral as to which a filed financing statement

remains effective against the new debtor under subsection 1 of section 41-09-78.
N.D. Cent. Code § 4.1-47-29 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-29
4.1-47-29. Quarantine - Declaration - Hearing - Penalty
Status: in_force

4.1-47-29. Quarantine - Declaration - Hearing - Penalty

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 date in the official newspaper of each county having

land within the area of the proposed quarantine. If after the hearing the commissioner

orders the imposition of a quarantine, the order must include the date by which or the

circumstances under which the commissioner shall lift the quarantine order.

2. If the commissioner determines that the imposition of an emergency quarantine is

necessary to prevent the spread of noxious weeds, the commissioner may impose

such an order for a period not to exceed fourteen days. Within the fourteen-day period,

the commissioner shall hold a public hearing as provided for in subsection 1 and

determine whether a quarantine order under subsection 1 should be imposed.

3. Following the establishment of a quarantine, the movement of any product or material

described in the quarantine order is subject to the order.

4. Any person who violates a quarantine order issued under this section is guilty of a

class B misdemeanor.
N.D. Cent. Code § 41-11-02 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-02
41-11-02. (A-102) Definitions
Status: in_force

41-11-02. (A-102) Definitions

1. In this chapter:

a. "Adjustment date" means July 1, 2025.

b. "Article 12 property" means a controllable account, controllable electronic record,

or controllable payment intangible.

2. The following definitions in other chapters of this title apply to this chapter.

a. "Controllable account". Section 41-09-02.

b. "Controllable electronic record". Section 41-12-02.

c. "Controllable payment intangible". Section 41-09-02.

d. "Electronic money". Section 41-09-02.

e. "Financing statement". Section 41-09-02.

3. Chapter 41-01 contains general definitions and principles of construction and

interpretation applicable throughout this chapter.
N.D. Cent. Code § 41-07-25 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-25
41-07-25. (7-309) Duty of care - Contractual limitation of carrier's liability
Status: in_force

41-07-25. (7-309) Duty of care - Contractual limitation of carrier's liability

1. A carrier that issues a bill of lading, whether negotiable or non-negotiable, shall

exercise the degree of care in relation to the goods which a reasonably careful person

would exercise under similar circumstances. This subsection does not affect any

statute, regulation, or rule of law that imposes liability upon a common carrier for

damages not caused by its negligence.

2. Damages may be limited by a term in the bill of lading or in a transportation agreement

that the carrier's liability may not exceed a value stated in the bill or transportation

agreement if the carrier's rates are dependent upon value and the consignor is

afforded an opportunity to declare a higher value and the consignor is advised of the

opportunity. However, such a limitation is not effective with respect to the carrier's

liability for conversion to its own use.

3. Reasonable provisions as to the time and manner of presenting claims and

commencing actions based on the shipment may be included in a bill of lading or a

transportation agreement.
N.D. Cent. Code § 41-03-01 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-01
41-03-01. (3-101) Short title
Status: in_force

41-03-01. (3-101) Short title

This chapter may be cited as Uniform Commercial Code - Negotiable Instruments.
N.D. Cent. Code § 4.1-53-43 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-43
4.1-53-43. Requests for certification - Required submissions
Status: in_force

4.1-53-43. Requests for certification - Required submissions

1. Any person may submit kinds, varieties, selections, and names of seed stock and

request that the seed commissioner consider the submission for certification.

2. To pursue certification, a person shall provide to the seed commissioner:

a. The name of the variety;

b. A statement regarding the variety's origin and the breeding procedure or

reproductive stabilization used in its development;

c. A description of the morphological, physiological, or other characteristics that

distinguish the variety from other varieties;

d. Evidence supporting the identity of the variety;

e. A statement regarding the geographic area of adaptation;

f. A statement regarding plans and procedures for the maintenance of seed

classes, including the number of generations through which the variety may be

multiplied;

g. A description of the manner in which the variety is constituted when a particular

cycle of reproduction or multiplication is specified;

h. Any additional restrictions on the variety specified by the breeder; and

i. A sample of seed that is representative of the variety as marketed.
N.D. Cent. Code § 4.1-59-24 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-24
4.1-59-24. Joinder - Grain broker
Status: in_force

4.1-59-24. Joinder - Grain broker

A licensed grain broker may be joined as a party to an insolvency proceeding if the

commissioner determines the grain broker negotiated a grain transaction with an insolvent grain

buyer or which was discriminatory, predatory, or in bad faith.
N.D. Cent. Code § 4.1-13-04 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-04
4.1-13-04. Terms of office
Status: in_force

4.1-13-04. Terms of office

1. The term of each commission member is four years.

2. The term of an elected member begins on July first following the date of the member's

election and continues until the member's successor has been elected and qualified.

The term of the member at large begins on July first of the year in which the member

is appointed and continues until the member's successor has been appointed.

3. The terms must be staggered so that no more than two expire each year.

4. An individual may not serve more than three terms as a commission member.

5. If an individual is appointed to complete a vacancy, that service is not counted as a

term for purposes of this section unless the duration of that service exceeds one year.
N.D. Cent. Code § 4.1-58-32 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-32
4.1-58-32. Termination of public grain warehouse storage contracts - Notice to receiptholder
Status: in_force

4.1-58-32. Termination of public grain warehouse storage contracts - Notice to

receiptholder.

1. A storage contract terminates on the date identified in the publication required by

section 4.1-58-19. If a different termination date is not identified in the publication, a

storage contract on grain in a public grain warehouse terminates on June thirtieth of

each year, except for a storage contract on dry edible beans which terminates on April

thirtieth of each year.

2. Storage of grain in a public grain warehouse may be terminated by the receiptholder at

any time before the applicable date by the payment of all legal charges and the

surrender of the warehouse receipt, with a demand for delivery of the grain in storage,

or notice to the public warehouseman to sell the stored grain.

3. Upon the expiration of the storage contract, the warehouseman is not obligated to

renew the storage contract.

4. At least thirty days before the termination date of a storage contract, the public

warehouseman shall notify the receiptholder by mail of the warehouseman's intention

to terminate the storage contract on the date identified in the storage contract, unless

the receiptholder, before that time, demands redelivery, authorizes sale, extends the

storage contract, or enters a new contract with the public warehouseman for

restorage. Failure to notify the receiptholder, as required by this section, results in the

forfeiture of storage charges accrued for the grain during the previous twelve months.

5. In the absence of a demand for delivery, an order to sell, or an agreement between the

public warehouseman and the receiptholder for storage after the termination date of

the storage contract, the warehouseman, upon the expiration of the storage contract,

may sell at the local market price on the close of business on that day, all stored grain

of the receiptholder and tender to the receiptholder the proceeds of the sale, less

accrued storage charges and the public warehouseman's advances upon any previous

storage contract of the receiptholder.
N.D. Cent. Code § 41-05-02 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-02
41-05-02. (5-102) Definitions
Status: in_force

41-05-02. (5-102) Definitions

1. In this chapter:

a. "Adviser" means a person who, at the request of the issuer, a confirmer, or

another adviser, notifies or requests another adviser to notify the beneficiary that

a letter of credit has been issued, confirmed, or amended.

b. "Applicant" means a person at whose request or for whose account a letter of

credit is issued. The term includes a person who requests an issuer to issue a

letter of credit on behalf of another if the person making the request undertakes

an obligation to reimburse the issuer.

c. "Beneficiary" means a person who under the terms of a letter of credit is entitled

to have its complying presentation honored. The term includes a person to whom

drawing rights have been transferred under a transferable letter of credit.

d. "Confirmer" means a nominated person who undertakes, at the request or with

the consent of the issuer, to honor a presentation under a letter of credit issued

by another.

e. "Dishonor" of a letter of credit means failure timely to honor or to take an interim

action, such as acceptance of a draft, that may be required by the letter of credit.

f. "Document" means a draft or other demand, document of title, investment

security, certificate, invoice, or other record, statement, or representation of fact,

law, right, or opinion:

(1) Which is presented in a written or other medium permitted by the letter of

credit or, unless prohibited by the letter of credit, by the standard practice

referred to in subsection 1 of section 41-05-08; and

(2) Which is capable of being examined for compliance with the terms and

conditions of the letter of credit. A document may not be oral.

g. "Good faith" means honesty in fact in the conduct or transaction concerned. The

definition of "good faith" in section 41-01-09 does not apply to this chapter.

h. "Honor" of a letter of credit means performance of the issuer's undertaking in the

letter of credit to pay or deliver an item of value. Unless the letter of credit

otherwise provides, "honor" occurs:

(1) Upon payment;

(2) If the letter of credit provides for acceptance, upon acceptance of a draft

and, at maturity, its payment; or

(3) If the letter of credit provides for incurring a deferred obligation, upon

incurring the obligation and, at maturity, its performance.

i. "Issuer" means a bank or other person that issues a letter of credit, but does not

include an individual who makes an engagement for personal, family, or

household purposes.

j. "Letter of credit" means a definite undertaking that satisfies the requirements of

section 41-05-04 by an issuer to a beneficiary at the request or for the account of

an applicant or, in the case of a financial institution, to itself or for its own account,

to honor a documentary presentation by payment or delivery of an item of value.

k. "Nominated person" means a person whom the issuer:

(1) Designates or authorizes to pay, accept, negotiate, or otherwise give value

under a letter of credit; and

(2) Undertakes by agreement or custom and practice to reimburse.

l. "Presentation" means delivery of a document to an issuer or nominated person

for honor or giving of value under a letter of credit.

m. "Presenter" means a person making a presentation as or on behalf of a

beneficiary or nominated person.

n. "Record" means information that is inscribed on a tangible medium, or that is

stored in an electronic or other medium and is retrievable in perceivable form.

o. "Successor of a beneficiary" means a person who succeeds to substantially all of

the rights of a beneficiary by operation of law, including a corporation with or into

which the beneficiary has been merged or consolidated, an administrator,

executor, personal representative, trustee in bankruptcy, debtor in possession,

liquidator, and receiver.

2. Definitions in other chapters applying to this chapter and the sections in which they

appear are:

a. "Accept" or "acceptance". Section 41-03-46.

b. "Value". Sections 41-03-29 and 41-04-23.

3. Chapter 41-01 contains certain additional general definitions and principles of

construction and interpretation applicable throughout this chapter.
N.D. Cent. Code § 4.1-07-06 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-06
4.1-07-06. Election costs - Responsibility
Status: in_force

4.1-07-06. Election costs - Responsibility

All costs of holding county and district elections are the responsibility of the council.
N.D. Cent. Code § 4.1-21-11 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-11
4.1-21-11. Agreements for shelterbelt lands by state
Status: in_force

4.1-21-11. Agreements for shelterbelt lands by state

Any board or officer having the control or management of any real estate belonging to or

controlled by this state or any of its political subdivisions may enter agreements with the officers

and agents of the United States for the improvement by the United States of any of those lands

by the establishment and maintenance on those lands of shelterbelts composed of trees, other

plants, and necessary protective structures and works. Every agreement must describe

particularly the land to be covered by the shelterbelt, must be recorded at the expense of the

United States in the county where the land is situated, and thereafter all leases, sales, and other

disposition of such land are subject to the agreement.
N.D. Cent. Code § 41-08-14 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-14
41-08-14. (8-114) Evidentiary rules concerning certificated securities
Status: in_force

41-08-14. (8-114) Evidentiary rules concerning certificated securities

The following rules apply in an action on a certificated security against the issuer:

1. Unless specifically denied in the pleadings, each signature on a security certificate or

in a necessary endorsement is admitted.

2. If the effectiveness of a signature is put in issue, the burden of establishing

effectiveness is on the party claiming under the signature, but the signature is

presumed to be genuine or authorized.

3. If signatures on a security certificate are admitted or established, production of the

certificate entitles a holder to recover on it unless the defendant establishes a defense

or a defect going to the validity of the security.

4. If it is shown that a defense or defect exists, the plaintiff has the burden of establishing

that the plaintiff, or some person under whom the plaintiff claims, is a person against

whom the defense or defect cannot be asserted.
N.D. Cent. Code § 4.1-10-11 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-11
4.1-10-11. Collection of assessment - Records
Status: in_force

4.1-10-11. Collection of assessment - Records

1. Each designated handler shall collect the assessment from the seller by deducting the

assessment from the total price of the potatoes purchased by the designated handler.

2. Each designated handler shall keep documents regarding all purchases, sales, and

shipments of raw potatoes for a period of three years. The records may be examined

by the council upon request.

3. At the time and in the manner prescribed by the council, each designated handler shall

file a report stating the quantity of potatoes that the designated handler received, sold,

or shipped.
N.D. Cent. Code § 4.1-37-13 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-13
4.1-37-13. Hydrostatic test procedures
Status: in_force

4.1-37-13. Hydrostatic test procedures

Any hydrostatic test conducted under section 4.1-37-05 must comply with the requirements

of the national board inspection code (ANSI-NB 23) and be conducted in a manner approved by

the agriculture commissioner.
N.D. Cent. Code § 4.1-13-21 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-21
4.1-13-21. Continuing appropriation
Status: in_force

4.1-13-21. Continuing appropriation

The commission shall forward all moneys received under this chapter to the state treasurer

for deposit in the state wheat commission fund. All moneys in the state wheat commission fund

are appropriated on a continuing basis to the commission to carry out this chapter.
N.D. Cent. Code § 4.1-40-01 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-01
4.1-40-01. Definitions
Status: in_force

4.1-40-01. Definitions

As used in this chapter:

1. "Brand" means a term, design, or trademark, used in connection with one or several

grades of fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil

amendments, or plant amendments.

2. "Bulk" means in a nonpackaged form.

3. "Compost" means a material derived primarily or entirely from biological decomposition

of vegetative organic matter or animal manure that may have inorganic fertilizer added

to promote decomposition.

4. "Deficiency" means an amount of plant nutrient or active ingredient found by analysis

to be less than the amount guaranteed, resulting from a lack of plant nutrient, active

ingredients, or uniformity.

5. "Distributor" means a person who imports, consigns, manufactures, produces,

compounds, mixes, or blends or who sells or offers for sale fertilizer, fertilizer

materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments

in this state.

6. "End user" means a person who uses a fertilizer, fertilizer materials, micronutrients,

specialty fertilizers, soil amendment, or plant amendment in a manner for which the

product was intended.

7. "Fertilizer" means any substance containing one or more recognized plant nutrients

which is used for its plant nutrient content and which is designed for use or claimed to

have value in promoting plant growth, except unmanipulated animal and vegetable

manures, marl, lime, limestone, wood ashes, and other products excluded by rule of

the commissioner.

8. "Fertilizer material" means a fertilizer which:

a. Contains no more than one of the primary plant nutrients;

b. Has approximately eighty-five percent of its primary plant nutrient content present

in the form of a single chemical compound; or

c. Is derived from a plant or animal residue or byproduct or a natural material

deposit and has been processed in such a way that its content of primary plant

nutrients has not been materially changed except by purification or concentration.

9. "Grade" means the percentages of total nitrogen, available phosphate, and soluble

potassium or soluble potash stated in the same terms, order, and percentages as in

the "guaranteed analysis".

10. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed.

11. "Investigational allowance" means an allowance for variations inherent in the taking,

preparation, and analysis of an official sample of fertilizer, soil amendment, or plant

amendment.

12. "Label" means all written, printed, or graphic materials upon or accompanying any

fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant

amendment and any printed material or media announcements used in promoting their

sale.

13. "Licensee" means a person licensed by the commissioner to distribute fertilizer,

fertilizer material, micronutrients, specialty fertilizer, soil amendment, or plant

amendment.

14. "Manipulated" means to have manufactured, blended, or mixed fertilizers, fertilizer

materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments,

or to have treated in any manner any animal or vegetable manures, including

mechanical drying, grinding, pelleting, and other means, or by adding other chemicals

or substances.

15. "Micronutrient" means a fertilizer that contains only essential chemical elements that

are required at low levels for normal plant growth.

16. "Mobile mechanical unit" means any portable machine or apparatus used to blend,

mix, or manufacture fertilizers, fertilizer material, micronutrients, specialty fertilizers,

soil amendments, or plant amendments.

17. "Official sample" means any sample of fertilizer, fertilizer material, micronutrients,

specialty fertilizer, soil amendment, or plant amendment, taken and designated as

"official" by the commissioner.

18. "Organic" in reference to fertilizer nutrients, means only naturally occurring

substances, generally recognized as the hydrogen compounds of carbon and their

derivatives or synthetic products of similar composition with a water insoluble nitrogen

content of at least sixty percent of the guaranteed total nitrogen.

19. "Percent" or "percentage" means the percentage by weight.

20. "Plant amendment" means a substance applied to plants or seeds which is intended to

improve germination, growth, yield, product quality, reproduction, flavor, or other

desirable characteristics of plants except fertilizers, unless the fertilizer is represented

to contain, as an active ingredient, a substance other than a primary plant nutrient or

micronutrient, or is represented as promoting plant growth by supplying something

other than a primary plant nutrient or micronutrient.

21. "Plant nutrient" means a substance generally recognized as beneficial for plant growth,

including nitrogen, phosphorus, potassium, calcium, magnesium, sulfur, boron,

chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.

22. "Primary plant nutrients" means nitrogen, phosphate, and potash.

23. "Registrant" means the person who registers fertilizers, soil amendments, or plant

amendments under this chapter.

24. "Sell" when applied to fertilizers, fertilizer material, micronutrients, specialty fertilizers,

soil amendments, or plant amendments means:

a. Transferring or offering to transfer ownership through a sale, exchange, gift, or

distribution; or

b. Receiving, accepting, holding, or possessing for sale, exchange, gift, or

distribution.

25. "Soil amendment" means any substance intended to improve the characteristics of the

soil except unmanipulated animal or vegetable manures, pesticides, and fertilizers,

unless the fertilizer is represented to contain, as an active ingredient, a substance

other than a primary plant nutrient or micronutrient or is represented as promoting

plant growth by supplying something other than a primary plant nutrient or

micronutrient.

26. "Specialty fertilizer" means a fertilizer distributed primarily for nonfarm use.

27. "Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].
N.D. Cent. Code § 41-02.1-36 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-36
41-02.1-36. (2A-306) Priority of certain liens arising by operation of law
Status: in_force

41-02.1-36. (2A-306) Priority of certain liens arising by operation of law

If a person in the ordinary course of business furnishes services or materials with respect to

goods subject to a lease contract, a lien upon those goods in the possession of that person

given by statute or rule of law for those materials or services takes priority over any interest of

the lessor or lessee under the lease contract or this chapter unless the lien is created by statute

and the statute provides otherwise or unless the lien is created by rule of law and the rule of law

provides otherwise.
N.D. Cent. Code § 4.1-72-03 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-03
4.1-72-03. Office for recording brands - Chief brand inspector - Employment
Status: in_force

4.1-72-03. Office for recording brands - Chief brand inspector - Employment

The North Dakota stockmen's association shall:

1. Maintain an office for recording brands; and

2. Employ an individual to serve as the chief brand inspector of this state.
N.D. Cent. Code § 4.1-05-08 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-08
4.1-05-08. Assessment - Collection
Status: in_force

4.1-05-08. Assessment - Collection

1. Each producer must pay an assessment of ten cents per hundredweight [45.36

kilograms] on all milk sold by the producer and on any milk used by the producer to

manufacture other products.

2. All assessments imposed by this section:

a. Must be collected by the first dealer or processor by deducting the amount of the

assessment from the producer's gross receipts; or

b. Are payable by the producer upon sale of the milk products by the producer

directly to the consumer.
N.D. Cent. Code § 4.1-10-09 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-09
4.1-10-09. Designated handler - Certification
Status: in_force

4.1-10-09. Designated handler - Certification

1. Before a designated handler may sell, process, or ship potatoes, the designated

handler shall obtain certification from the council. The certification is available upon

submission to the council of an application containing the name under which the

handler is transacting business within the state, the designated handler's place of

business, and the location of loading and shipping places of the designated handler's

agents.

2. a. If the designated handler is a corporation, the application must include the

corporate name and the names and addresses of its principal officers and agents

within the state.

b. If the designated handler is a partnership, the application must include names

and addresses of the persons constituting the partnership.

c. If the designated handler is a limited liability company, the application must

include the names and addresses of its principal managers and agents within the

state.

3. The designated handler shall notify the council whenever there is a change of

information required by this section.
N.D. Cent. Code § 41-03-47 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-47
41-03-47. (3-410) Acceptance varying draft
Status: in_force

41-03-47. (3-410) Acceptance varying draft

1. If the terms of a drawee's acceptance vary from the terms of the draft as presented,

the holder may refuse the acceptance and treat the draft as dishonored. In that case,

the drawee may cancel the acceptance.

2. The terms of a draft are not varied by an acceptance to pay at a particular bank or

place in the United States, unless the acceptance states that the draft is to be paid

only at that bank or place.

3. If the holder assents to an acceptance varying the terms of a draft, the obligation of

each drawer and endorser that does not expressly assent to the acceptance is

discharged.
N.D. Cent. Code § 4.1-01-02 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-02
4.1-01-02. Salary of agriculture commissioner
Status: in_force

4.1-01-02. Salary of agriculture commissioner

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.
N.D. Cent. Code § 4.1-59-07 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-07
4.1-59-07. Grain buyer license - Financial criteria to be met
Status: in_force

4.1-59-07. Grain buyer license - Financial criteria to be met

1. To be eligible to receive an annual 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 grain buyer or an applicant for initial licensure shall report balance sheets

and income statements to the commissioner annually on written application for initial

licensure or license renewal if the applicant purchased up to ten million dollars worth of

grain during the previous licensing period, or intends to purchase up to ten million

dollars worth of grain during the first year of operation.

3. As a condition of licensure, an applicant shall provide to the commissioner, upon

request, any financial record or bank verification release the commissioner deems

relevant for the purpose of verifying the financial information of an applicant under this

section.

4. As a condition of licensure, a new applicant must:

a. Pass a background check;

b. Have a satisfactory credit score, as determined by the commissioner; and

c. Be a responsible person with a good business reputation, as determined by the

commissioner, that:

(1) Is in the grain buying business;

(2) Has knowledge of, and experience with, generally accepted grain buying

and handling practices;

(3) Is competent and willing to operate as a grain buyer in accordance with

state and federal regulations; and

(4) Has not committed fraud or a criminal offense indicating a lack of business

integrity or honesty that undermines the person's responsibility as a grain

buyer.
N.D. Cent. Code § 4.1-58-33 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-33
4.1-58-33. Reissue warehouse receipts - Provisions
Status: in_force

4.1-58-33. Reissue warehouse receipts - Provisions

Upon payment of all legal accrued charges and the surrender to the warehouseman of a

receipt, if the receiptholder and the warehouseman agree to continue the storage contract, the

warehouseman may extend the storage contract or issue a new warehouse receipt to the owner

and cancel the former receipt by endorsing on the receipt the words: "Canceled by the issuance

of warehouse receipt no.__________", inserting the number of the reissue warehouse receipt

thereafter, and the holder's name must be signed thereto by the holder or by the holder's

authorized agent. The reissue warehouse receipt must be designated by stamping on the

receipt: "Reissue of warehouse receipt no.__________".
N.D. Cent. Code § 41-09-07.1 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-07.1
41-09-07.1. (9-107A) Control of controllable electronic record, controllable account, or controllable payment intangible
Status: in_force

41-09-07.1. (9-107A) Control of controllable electronic record, controllable account, or

controllable payment intangible.

1. A secured party has control of a controllable electronic record as provided in section

41-12-05.

2. A secured party has control of a controllable account or controllable payment

intangible if the secured party has control of the controllable electronic record that

evidences the controllable account or controllable payment intangible.
N.D. Cent. Code § 4.1-61-03 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-03
4.1-61-03. Credit-sale contract indemnity fund - Suspension of assessment
Status: in_force

4.1-61-03. Credit-sale contract indemnity fund - Suspension of assessment

At the end of the calendar quarter in which the credit-sale contract indemnity fund reaches a

level of six million dollars, the commissioner shall suspend collection of the assessment

required by this chapter. If after suspension of collection the balance in the fund is less than

three million dollars, the commissioner shall require collection of the assessment.
N.D. Cent. Code § 4.1-05-07 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-07
4.1-05-07. Commission - Duties
Status: in_force

4.1-05-07. Commission - Duties

The commission shall determine the uses to which any moneys raised under this chapter

may be expended. The uses may include the funding of research, education programs, and

market development efforts, to promote the increased sale and consumption of dairy products,

as well as participation in programs under the auspices of state, regional, national, and

international dairy promotion groups.
N.D. Cent. Code § 4.1-73-23 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-23
4.1-73-23. Brand inspection services - Out-of-state facilities
Status: in_force

4.1-73-23. Brand inspection services - Out-of-state facilities

1. The state board of animal health may authorize the provision of brand inspection

services at a livestock auction market, buying station, or packing plant located outside

this state.

2. In order to obtain brand inspection services under this section, an entity shall file a

petition with the state board of animal health.

3. Before making a determination on the petition, the state board of animal health shall

provide the North Dakota stockmen's association with an opportunity to comment.

4. The state board of animal health shall establish by rule the criteria to be considered in

determining whether to authorize the services.
N.D. Cent. Code § 41-02-45 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-45
41-02-45. (2-328) Sale by auction
Status: reserved

41-02-45. (2-328) Sale by auction

1. In a sale by auction, if goods are put up in lots, each lot is the subject of a separate

sale.

2. A sale by auction is complete when the auctioneer so announces by the fall of the

hammer or in other customary manner. If a bid is made while the hammer is falling in

acceptance of a prior bid, the auctioneer may in the auctioneer's discretion reopen the

bidding or declare the goods sold under the bid on which the hammer was falling.

3. Such a sale is with reserve unless the goods are in explicit terms put up without

reserve. In an auction with reserve the auctioneer may withdraw the goods at any time

until the auctioneer announces completion of the sale. In an auction without reserve,

after the auctioneer calls for bids on an article or lot, that article or lot cannot be

withdrawn unless no bid is made within a reasonable time. In either case a bidder may

retract the bidder's bid until the auctioneer's announcement of completion of the sale,

but a bidder's retraction does not revive any previous bid.

4. If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or

procures such a bid, and notice has not been given that liberty for such bidding is

reserved, the buyer may at the buyer's option avoid the sale or take the goods at the

price of the last good-faith bid prior to the completion of the sale. This subsection shall

not apply to any bid at a forced sale.
N.D. Cent. Code § 4.1-16-01 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-01
4.1-16-01. Definitions
Status: in_force

4.1-16-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Apiary" means the site at which one or more colonies of bees are kept.

2. "Bee" means a honey-producing insect of the genus Apis, including all stages of its

life.

3. "Beekeeper" means a person who by virtue of ownership or a lease is responsible for

the maintenance of bees located in or placed in this state.

4. "Colony" means a familial group of adult bees consisting of drones, workers, and a

queen.

5. "Hive" means a manmade structure that houses a colony.
N.D. Cent. Code § 4.1-55-22.1 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-22.1
4.1-55-22.1. Facility operations and maintenance costs
Status: repealed

4.1-55-22.1. Facility operations and maintenance costs

Repealed by S.L. 2019, ch. 54, § 13.
N.D. Cent. Code § 4.1-25-26 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-26
4.1-25-26. Sampling and testing procedures - Equipment - Supplies
Status: in_force

4.1-25-26. Sampling and testing procedures - Equipment - Supplies

The laboratory procedures, equipment, chemicals, and other apparatus or substances used

in the sampling, hauling, or testing of milk or milk products must conform to those described in

the Standard Methods, a copy of which must be kept on file in the department. Any equipment,

chemicals, or other apparatus or substance used in the sampling, hauling, or testing of milk or

milk products not conforming to the requirements of this chapter may not be sold or offered for

sale. The commissioner, through the adoption of rules, may alter, amend, or prohibit any specific

requirement of this section and may approve other sampling, hauling, or testing procedures or

equipment. The commissioner, when appropriate, may check calibration of farm bulk milk tanks

and equipment.
N.D. Cent. Code § 41-11-09 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-09
41-11-09. (A-306) Priority of claims when priority rules of chapter 41-09 do not apply
Status: in_force

41-11-09. (A-306) Priority of claims when priority rules of chapter 41-09 do not apply

1. Subject to subsections 2 and 3, chapter 41-12 determines the priority of conflicting

claims to Article 12 property when the priority rules of chapter 41-09 as amended by

this Act do not apply.

2. Subject to subsection 3, when the priority rules of chapter 41-09 as amended by this

Act do not apply and the priorities of claims to Article 12 property were established

before August 1, 2023, law other than chapter 41-12 determines priority.

3. When the priority rules of chapter 41-09 as amended by this Act do not apply, to the

extent the priorities determined by this Act modify the priorities established before

August 1, 2023, the priorities of claims to Article 12 property established before

August 1, 2023, cease to apply on the adjustment date.
N.D. Cent. Code § 4.1-27-22 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-22
4.1-27-22. Penalties - Criminal - Civil
Status: in_force

4.1-27-22. Penalties - Criminal - Civil

1. Any auction market or person who willfully violates any provision of this chapter is

guilty of a class A misdemeanor.

2. Any auction market or person who willfully violates any provision of this chapter is

subject to a civil penalty not to exceed five thousand dollars for each violation. The civil

penalty may be adjudicated by the courts or by the commissioner through an

administrative hearing under chapter 28-32.
N.D. Cent. Code § 4.1-08-05 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-05
4.1-08-05. Continuing appropriation
Status: in_force

4.1-08-05. Continuing appropriation

The commissioner shall forward all moneys received under this chapter to the state

treasurer for deposit in a special fund known as the honey fund. All moneys in the honey fund

are appropriated on a continuing basis to the commissioner to carry out this chapter.
N.D. Cent. Code § 41-09-06 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-06
41-09-06. (9-106) Control of investment property
Status: in_force

41-09-06. (9-106) Control of investment property

1. A person has control of a certificated security, uncertificated security, or security

entitlement as provided in section 41-08-06.

2. A secured party has control of a commodity contract if:

a. The secured party is the commodity intermediary with which the commodity

contract is carried; or

b. The commodity customer, secured party, and commodity intermediary have

agreed that the commodity intermediary will apply any value distributed on

account of the commodity contract as directed by the secured party without

further consent by the commodity customer.

3. A secured party having control of all security entitlements or commodity contracts

carried in a securities account or commodity account has control over the securities

account or commodity account.
N.D. Cent. Code § 4.1-59-25 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-25
4.1-59-25. Notice to receiptholders and credit-sale contract claimants
Status: in_force

4.1-59-25. Notice to receiptholders and credit-sale contract claimants

1. Upon the commissioner's appointment, the commissioner may take possession of

relevant books and records of the licensee.

2. If the insolvency involves a roving grain buyer, the commissioner shall publish a notice

of the commissioner's appointment once each week for two consecutive weeks in all

daily newspapers in the state and may notify, by ordinary mail, the holders of record of

outstanding receipts and those that are potential credit-sale contract claimants,

disclosed by the licensee's records.

3. If the insolvency involves a grain processor, the notice must be published once each

week for two consecutive weeks in a newspaper in the county in which the facility is

located.

4. The notice must require outstanding receiptholders and credit-sale contract claimants

to file claims with the commissioner along with the receipts, contracts, or other

evidence of the claims required by the commissioner.

5. If an outstanding receiptholder or credit-sale contract claimant fails to submit a claim

within forty-five days after the last publication of the notice or a longer time set by the

commissioner, the commissioner is relieved of further duty in the administration of the

insolvency on behalf of the receiptholder or credit-sale contract claimant and the

receiptholder may be barred from participation in the trust fund, and the credit-sale

contract claimant may be barred from payment for any amount due.

6. Outstanding receiptholders and credit-sale contract claimants are not parties to the

insolvency action unless admitted by the court upon a motion for intervention.
N.D. Cent. Code § 41-02.1-63 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-63
41-02.1-63. (2A-515) Acceptance of goods
Status: in_force

41-02.1-63. (2A-515) Acceptance of goods

1. Acceptance of goods occurs after the lessee has had a reasonable opportunity to

inspect the goods and:

a. The lessee signifies or acts with respect to the goods in a manner that signifies to

the lessor or the supplier that the goods are conforming or that the lessee will

take or retain them in spite of their nonconformity; or

b. The lessee fails to make an effective rejection of the goods (subsection 2 of

section 41-02.1-57).

2. Acceptance of a part of any commercial unit is acceptance of that entire unit.
N.D. Cent. Code § 41-03-13 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-13
41-03-13. (3-113) Date of instrument
Status: in_force

41-03-13. (3-113) Date of instrument

1. An instrument may be antedated or postdated. The date stated determines the time of

payment if the instrument is payable at a fixed period after date. Except as provided in

subsection 3 of section 41-04-28, an instrument payable on demand is not payable

before the date of the instrument.

2. If an instrument is undated, its date is the date of its issue or, in the case of an

unissued instrument, the date it first comes into possession of a holder.
N.D. Cent. Code § 41-07-15 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-15
41-07-15. (7-209) Lien of warehouse
Status: in_force

41-07-15. (7-209) Lien of warehouse

1. A warehouse has a lien against the bailor on the goods covered by a warehouse

receipt or storage agreement or on the proceeds thereof in its possession for charges

for storage or transportation, including demurrage and terminal charges, insurance,

labor, or other charges, present or future, in relation to the goods, and for expenses

necessary for preservation of the goods or reasonably incurred in their sale pursuant

to law. If the person on whose account the goods are held is liable for similar charges

or expenses in relation to other goods whenever deposited and it is stated in the

warehouse receipt or storage agreement that a lien is claimed for charges and

expenses in relation to other goods, the warehouse also has a lien against the goods

covered by the warehouse receipt or storage agreement or on the proceeds thereof in

its possession for those charges and expenses, whether or not the other goods have

been delivered by the warehouse. However, as against a person to which a negotiable

warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an

amount or at a rate specified in the warehouse receipt or, if no charges are so

specified, to a reasonable charge for storage of the specific goods covered by the

receipt subsequent to the date of the receipt.

2. A warehouse may also reserve a security interest against the bailor for the maximum

amount specified on the receipt for charges other than those specified in subsection 1,

such as for money advanced and interest. The security interest is governed by chapter

41-09.

3. A warehouse's lien for charges and expenses under subsection 1 or a security interest

under subsection 2 is also effective against any person that so entrusted the bailor

with possession of the goods that a pledge of them by the bailor to a good-faith

purchaser for value would have been valid. However, the lien or security interest is not

effective against a person that before issuance of a document of title had a legal

interest or a perfected security interest in the goods and that did not:

a. Deliver or entrust the goods or any document of title covering the goods to the

bailor or the bailor's nominee with:

(1) Actual or apparent authority to ship, store, or sell;

(2) Power to obtain delivery under section 41-07-28; or

(3) Power of disposition under section 41-02-48, subsection 2 of section

41-02.1-34, subsection 2 of section 41-02.1-35, section 41-09-40,

subsection 3 of section 41-09-41, or other statute or rule of law; or

b. Acquiesce in the procurement by the bailor or its nominee of any document.

4. A warehouse's lien on household goods for charges and expenses in relation to the

goods under subsection 1 is also effective against all persons if the depositor was the

legal possessor of the goods at the time of deposit. In this subsection, "household

goods" means furniture, furnishings, or personal effects used by the depositor in a

dwelling.

5. A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably

refuses to deliver.
N.D. Cent. Code § 4.1-33-07 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-07
4.1-33-07. Commercial and public applicator's certification
Status: in_force

4.1-33-07. Commercial and public applicator's certification

1. A commercial or public applicator may not purchase, use, or supervise the use of a

pesticide without first complying with the certification standards and requirements of

this chapter, or other restrictions as may be determined by the board.

2. An individual may be certified as a commercial or public applicator within a

classification if the individual successfully completes an examination for the

classification as prescribed by the board and administered by the North Dakota state

university extension service or the service's designee. An application for certification

must be on a form prescribed by the board and accompanied by a reasonable

examination fee set by the board.

3. If the North Dakota state university extension service, or its designee, finds, after

examination as the board requires, the applicant qualified to apply pesticides in the

classifications for which the applicant has applied and the applicant meets all other

requirements of this chapter, the North Dakota state university extension service shall

issue a commercial or a public applicator's certificate limited to the classifications in

which the applicant is qualified.

4. If certification is not to be issued as applied for, the North Dakota state university

extension service, or its designee, shall inform the applicant in writing of the reasons

for not issuing the certification.
N.D. Cent. Code § 4.1-20-18 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-18
4.1-20-18. Supervisors - Terms of office - Vacancies - Removal - Compensation - Expenses
Status: in_force

4.1-20-18. Supervisors - Terms of office - Vacancies - Removal - Compensation -

Expenses.

1. At each general election, one district supervisor must be elected for a term of

six years, or until the successor is duly elected and qualified, to each expiring or

vacant term. The county auditor of the county or counties in which the district lies shall

canvass the returns and issue certificates of election under chapter 16.1-15. When a

district lies in more than one county, the county auditor of the county in which the

candidate resides shall issue the certificate of election.

2. To be eligible for election to the office of district supervisor, candidates must be land

occupiers and physically living in the district. Candidates must be elected on a

nonpartisan ballot. If the office of any supervisor becomes vacant, the remaining

members of the board of supervisors, with the advice and consent of the committee,

shall fill the vacancy by appointment. If vacancies occur in the office of two

supervisors, the remaining supervisor and the committee shall fill the vacancy. If the

offices of all supervisors of a district become vacant, the committee shall fill the

vacancies by appointment. A supervisor appointed to fill a vacancy holds office until

the next general election. A supervisor elected to fill a vacancy serves the balance of

the unexpired term in which the vacancy occurred.

3. Upon resolution of the three elected supervisors, a soil conservation district, may

appoint two additional supervisors who shall serve for a term of one year from the date

of appointment. Those supervisors must be appointed by a majority of the three

elected supervisors and have all the powers, voting privileges, duties, and

responsibilities of elected supervisors, except that the expense allowances of the

appointed supervisors must be paid by the local soil conservation district concerned.

As far as possible, the appointed supervisors shall represent interests within the

district which are not represented by the elected supervisors.

4. After notice given and hearing held in accordance with chapter 28-32, a supervisor of

a soil conservation district may be removed from office by the committee.

5. a. Upon a majority vote of the supervisors, while performing duties as a member,

the soil conservation district board shall provide to each member:

(1) Compensation of at least seventy-five dollars per day but not more than the

rate set for a member of the legislative assembly under section 54-03-20;

(2) An allowance for meals and lodging at the rate set in section 44-08-04; and

(3) Mileage and travel expenses at the rate set in section 54-06-09.

b. All compensation and expenses under this subsection must be paid from district

funds.
N.D. Cent. Code § 41-02.1-46 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-46
41-02.1-46. (2A-405) Excused performance
Status: in_force

41-02.1-46. (2A-405) Excused performance

Subject to section 41-02.1-45 on substituted performance, the following rules apply:

1. Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who

complies with subsections 2 and 3 is not a default under the lease contract if

performance as agreed has been made impracticable by the occurrence of a

contingency the nonoccurrence of which was a basic assumption on which the lease

contract was made or by compliance in good faith with any applicable foreign or

domestic governmental regulation or order, regardless of whether the regulation or

order later proves to be invalid.

2. If the causes mentioned in subsection 1 affect only part of the lessor's or the supplier's

capacity to perform, the lessor or supplier shall allocate production and deliveries

among its customers but at its option may include regular customers not then under

contract for sale or lease as well as its own requirements for further manufacture. The

lessor or supplier may so allocate in any manner that is fair and reasonable.

3. The lessor seasonably shall notify the lessee and, in the case of a finance lease, the

supplier seasonably shall notify the lessor and the lessee, if known, that there will be

delay or nondelivery and, if allocation is required under subsection 2, of the estimated

quote thus made available for the lessee.
N.D. Cent. Code § 4.1-27-09 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-09
4.1-27-09. Injunctive authority
Status: in_force

4.1-27-09. Injunctive authority

The commissioner may seek an order from the district court of Burleigh County to enjoin a

prohibited act when the commissioner believes any auction market or person is violating this

chapter or is pursuing a course of action which may lead to a violation of this chapter.
N.D. Cent. Code § 41-05-03 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-03
41-05-03. (5-103) Scope
Status: in_force

41-05-03. (5-103) Scope

1. This chapter applies to letters of credit and to certain rights and obligations arising out

of transactions involving letters of credit.

2. The statement of a rule in this chapter does not by itself require, imply, or negate

application of the same or a different rule to a situation not provided for, or to a person

not specified, in this chapter.

3. With the exception of this subsection, subsections 1 and 4 of this section,

subdivisions i and j of subsection 1 of section 41-05-02, subsection 4 of section

41-05-06, and subsection 4 of section 41-05-14, and except to the extent prohibited

under section 41-01-16 and subsection 4 of section 41-05-17, the effect of this chapter

may be varied by agreement or by a provision stated or incorporated by reference in

an undertaking. A term in an agreement or undertaking generally excusing liability or

generally limiting remedies for failure to perform obligations is not sufficient to vary

obligations prescribed by this chapter.

4. Rights and obligations of an issuer to a beneficiary or a nominated person under a

letter of credit are independent of the existence, performance, or nonperformance of a

contract or arrangement out of which the letter of credit arises or which underlies it,

including contracts or arrangements between the issuer and the applicant and

between the applicant and the beneficiary.
N.D. Cent. Code § 41-07-17 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-17
41-07-17. (7-301) Liability for nonreceipt or misdescription - Said to contain - Shipper's weight, load, and count - Improper handling
Status: in_force

41-07-17. (7-301) Liability for nonreceipt or misdescription - Said to contain -

Shipper's weight, load, and count - Improper handling.

1. A consignee of a non-negotiable bill of lading which has given value in good faith, or a

holder to which a negotiable bill has been duly negotiated, relying upon the description

of the goods in the bill or upon the date shown in the bill, may recover from the issuer

damages caused by the misdating of the bill or the nonreceipt or misdescription of the

goods, except to the extent that the bill indicates that the issuer does not know

whether any part or all of the goods in fact were received or conform to the description,

such as in a case in which the description is in terms of marks or labels or kind,

quantity, or condition or the receipt or description is qualified by "contents or condition

of contents of packages unknown", "said to contain", "shipper's weight, load, and

count", or words of similar import, if that indication is true.

2. If goods are loaded by the issuer of a bill of lading:

a. The issuer shall count the packages of goods if shipped in packages and

ascertain the kind and quantity if shipped in bulk; and

b. Words such as "shipper's weight, load, and count", or words of similar import

indicating that the description was made by the shipper, are ineffective except as

to goods concealed in packages.

3. If bulk goods are loaded by a shipper that makes available to the issuer of a bill of

lading adequate facilities for weighing those goods, the issuer shall ascertain the kind

and quantity within a reasonable time after receiving the shipper's request in a record

to do so. In that case, "shipper's weight" or words of similar import are ineffective.

4. The issuer of a bill of lading, by including in the bill the words "shipper's weight, load,

and count", or words of similar import, may indicate that the goods were loaded by the

shipper, and, if that statement is true, the issuer is not liable for damages caused by

the improper loading. However, omission of such words does not imply liability for

damages caused by improper loading.

5. A shipper guarantees to an issuer the accuracy at the time of shipment of the

description, marks, labels, number, kind, quantity, condition, and weight, as furnished

by the shipper, and the shipper shall indemnify the issuer against damage caused by

inaccuracies in those particulars. This right of indemnity does not limit the issuer's

responsibility or liability under the contract of carriage to any person other than the

shipper.
N.D. Cent. Code § 4.1-53-07 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-07
4.1-53-07. Seed commission - Members - Compensation
Status: repealed

4.1-53-07. Seed commission - Members - Compensation

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-58-43 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-43
4.1-58-43. Licensed warehouse capacity and condominium storage
Status: in_force

4.1-58-43. Licensed warehouse capacity and condominium storage

1. Unless an entire warehouse facility is used for nonpublic purposes, all physically

connected portions of the facility must be licensed in accordance with this chapter.

2. The warehouseman shall issue receipt memoranda for all grain received.

3. Facilities that are physically connected to the licensed warehouse may be sold under a

condominium arrangement or leased to other entities for nonpublic use and sales and

lease agreements must be based on the capacity of the bins involved and not on the

number of bushels held in the space.

4. The licensee shall provide contents insurance and bond coverage for the space.

5. If a licensee becomes insolvent, the contents of the space must be considered an

asset to the trust fund established under this chapter and owners and lessees are

entitled to trust fund protection in a manner equal to all other valid grain receiptholders.
N.D. Cent. Code § 41-04.1-32 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-32
41-04.1-32. (4A-501) Variation by agreement and effect of funds-transfer system rule
Status: in_force

41-04.1-32. (4A-501) Variation by agreement and effect of funds-transfer system rule

1. Except as otherwise provided in this chapter, the rights and obligations of a party to a

funds transfer may be varied by agreement of the affected party.

2. "Funds-transfer system rule" means a rule of an association of banks:

a. Which governs transmission of payment orders by means of a funds-transfer

system of the association or rights and obligations with respect to those orders; or

b. To the extent the rule governs rights and obligations between banks that are

parties to a funds transfer in which a federal reserve bank, acting as an

intermediary bank, sends a payment order to the beneficiary's bank.

Except as otherwise provided in this chapter, a funds-transfer system rule governing

rights and obligations between participating banks using the system may be effective

even if the rule conflicts with this chapter and indirectly affects another party to the

funds transfer who does not consent to the rule. A funds-transfer system rule may also

govern rights and obligations of parties other than participating banks using the system

to the extent stated in subsection 3 of section 41-04.1-29, subsection 4 of section

41-04.1-30, and subsection 3 of section 41-04.1-38.
N.D. Cent. Code § 4.1-04-03 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-03
4.1-04-03. Corn council - Membership - Term
Status: in_force

4.1-04-03. Corn council - Membership - Term

1. The council consists of one producer elected from each of the seven districts

established in section 4.1-04-02.

2. Each member of the council must be a resident of the district that the member

represents.

3. A member of the council may not have requested a refund under section 4.1-04-13

during the preceding year.

4. The term of each member is four years and begins on April first following the member's

election. The terms must be staggered so that no more than two expire each year.

5. If at any time during a member's term the member ceases to possess any of the

qualifications provided for in this chapter, the member's office is deemed vacant and

the council, by majority vote, shall appoint another qualified producer for the remainder

of the term.

6. An elected member of the council may not serve more than two consecutive terms.

7. If an individual is appointed to complete a vacancy, that service is not counted as a

term for purposes of this section unless the duration of that service exceeds one year.
N.D. Cent. Code § 41-02-18 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-18
41-02-18. (2-301) General obligations of parties
Status: in_force

41-02-18. (2-301) General obligations of parties

The obligation of the seller is to transfer and deliver and that of the buyer is to accept and

pay in accordance with the contract.
N.D. Cent. Code § 4.1-31-09 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-09
4.1-31-09. Bribery
Status: in_force

4.1-31-09. Bribery

A person may not give or receive anything of value to influence the performance of an

inspector under this chapter.
N.D. Cent. Code § 4.1-03-09 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-09
4.1-03-09. Commission - Powers
Status: in_force

4.1-03-09. Commission - Powers

The commission may:

1. Expend moneys collected pursuant to this chapter for its administration;

2. Employ, bond, and compensate necessary personnel;

3. Accept gifts, grants, and donations of money, property, and services to carry out this

chapter;

4. Contract with any person for any purpose related to this chapter;

5. Borrow money, provided the total of all the commission's debt may not exceed its

estimate of the current year's revenues;

6. Sue and be sued; and

7. Do all things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 4.1-57-20 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-20
4.1-57-20. Fees and collections - Continuing appropriation
Status: repealed

4.1-57-20. Fees and collections - Continuing appropriation

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-53-26 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-26
4.1-53-26. Vegetable seed - Label requirements - Treated seed
Status: in_force

4.1-53-26. Vegetable seed - Label requirements - Treated seed

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 treatment.

2. If the substance with which the seed was treated is harmful to humans or to other

vertebrate animals, the label must contain a cautionary statement prohibiting use of

the seed for human or animal consumption.

3. If the substance with which the seed was treated is a mercurial or a similarly toxic

substance, the label must contain a statement and symbol indicating that the

substance is poison.

4. If the substance with which the seed was treated is an inoculant, the label must

contain the date beyond which the inoculant is claimed not to be effective on that

particular seed.

5. The information required by this section may be placed on a separate label.
N.D. Cent. Code § 41-07-11 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-11
41-07-11. (7-205) Title under warehouse receipt defeated in certain cases
Status: in_force

41-07-11. (7-205) Title under warehouse receipt defeated in certain cases

A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse

that is also in the business of buying and selling such goods takes the goods free of any claim

under a warehouse receipt even if the receipt is negotiable and has been duly negotiated.
N.D. Cent. Code § 4.1-11-13 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-13
4.1-11-13. Quarterly report - Submission to council
Status: in_force

4.1-11-13. Quarterly report - Submission to council

At the time and in the manner prescribed by the council, each designated handler shall file

with the council a quarterly report stating the quantity of all soybeans the handler purchased and

assessed under section 4.1-11-11.
N.D. Cent. Code § 4.1-53-12 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-12
4.1-53-12. Agricultural seed - Label requirements
Status: in_force

4.1-53-12. Agricultural seed - Label requirements

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 be

plainly printed in English and conspicuously placed on or attached to the

container.

b. If the agricultural seed is offered for sale or sold in bulk, the label must be plainly

printed in English and provided to the purchaser at or before the time of delivery.
N.D. Cent. Code § 4.1-41-18 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-18
4.1-41-18. Certificates - Fees
Status: in_force

4.1-41-18. Certificates - Fees

The commissioner may:

1. Implement a program to inspect, audit, and certify commercial feed manufacturing and

distribution facilities, at the request of an owner;

2. Issue commercial feed export certificates; and

3. Establish a schedule of fees for the services provided under this section.
N.D. Cent. Code § 4.1-73-08 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-08
4.1-73-08. Chief brand inspector - Determination regarding brand
Status: in_force

4.1-73-08. Chief brand inspector - Determination regarding brand

A determination by the chief brand inspector regarding the acceptability of a brand or the

permissibility of its location or placement, for purposes of recording, is final.
N.D. Cent. Code § 4.1-02-16 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-16
4.1-02-16. Refund of assessment
Status: in_force

4.1-02-16. Refund of assessment

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 application and return the application to the

council, together with a record of the assessment collected, within ninety days after the

date of the assessment or final settlement. The council shall then refund the net

amount of the assessment that had been collected.

3. If a request for a refund is not submitted to the council within the prescribed time

period, the producer is presumed to have agreed to the assessment.

4. A producer is not entitled to a refund under this section unless the refundable amount

meets or exceeds five dollars.
N.D. Cent. Code § 41-09-125 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-125
41-09-125. (9-703) Security interest perfected before effective date
Status: in_force

41-09-125. (9-703) Security interest perfected before effective date

1. A security interest that is enforceable immediately before July 1, 2001, and would have

priority over the rights of a person that becomes a lien creditor at that time is a

perfected security interest under this chapter if, on July 1, 2001, the applicable

requirements for enforceability and perfection under this chapter are satisfied without

further action.

2. Except as otherwise provided in section 41-09-127, if, immediately before July 1,

2001, a security interest is enforceable and would have priority over the rights of a

person that becomes a lien creditor at that time, but the applicable requirements for

enforceability or perfection under this chapter are not satisfied on July 1, 2001, the

security interest:

a. Is a perfected security interest for one year after this chapter takes effect;

b. Remains enforceable thereafter only if the security interest becomes enforceable

under section 41-09-13 before the year expires; and

c. Remains perfected thereafter only if the applicable requirements for perfection

under this chapter are satisfied before the year expires.
N.D. Cent. Code § 41-02-69 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-69
41-02-69. (2-606) What constitutes acceptance of goods
Status: in_force

41-02-69. (2-606) What constitutes acceptance of goods

1. Acceptance of goods occurs when the buyer:

a. After a reasonable opportunity to inspect the goods signifies to the seller that the

goods are conforming or that the buyer will take or retain them in spite of their

nonconformity;

b. Fails to make an effective rejection (subsection 1 of section 41-02-65), but such

acceptance does not occur until the buyer has had a reasonable opportunity to

inspect them; or

c. Does any act inconsistent with the seller's ownership but, if such act is wrongful

as against the seller, it is an acceptance only if ratified by the seller.

2. Acceptance of a part of any commercial unit is acceptance of that entire unit.
N.D. Cent. Code § 4.1-33-06 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-06
4.1-33-06. Classification of commercial certificates
Status: in_force

4.1-33-06. Classification of commercial certificates

The board may classify commercial certificates to be issued under this chapter. The

classifications may include pest control operators, wood treaters, ornamental or agricultural

pesticide applicators, or right-of-way pesticide applicators. Separate classifications may be

specified as to ground, aerial, or manual methods used by any applicator to apply pesticides or

to the use of pesticides to control insects and plant diseases, rodents, or weeds. Each

classification of certification may be subject to separate testing procedures and training

requirements. A person may be required to pay an additional fee if the person desires to be

certified in one or more of the classifications provided for by the board under this section.
N.D. Cent. Code § 4.1-19-05 — ND Code / Title 4.1 / Chapter 4.1-19 / Section 4.1-19-05
4.1-19-05. Penalty
Status: in_force

4.1-19-05. Penalty

1. A person in violation of this chapter or rule adopted under this chapter may be subject

to a civil penalty not to exceed one thousand dollars for each violation. The civil

penalty may be adjudicated by the courts or by the agriculture commissioner through

an administrative hearing conducted by an independent hearing officer pursuant to

2. The agriculture commissioner may maintain an appropriate civil action in the name of

the state against any person violating this chapter or rule adopted under this chapter.

3. For purposes of this section, "person" means an individual, partnership, corporation,

limited liability company, association, cooperative, or any business entity.
N.D. Cent. Code § 41-02.1-19 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-19
41-02.1-19. (2A-210) Express warranties
Status: in_force

41-02.1-19. (2A-210) Express warranties

1. Express warranties by the lessor are created as follows:

a. Any affirmation of fact or promise made by the lessor to the lessee which relates

to the goods and becomes part of the basis of the bargain creates an express

warranty that the goods will conform to the affirmation or promise.

b. Any description of the goods which is made part of the basis of the bargain

creates an express warranty that the goods will conform to the description.

c. Any sample or model that is made part of the basis of the bargain creates an

express warranty that the whole of the goods will conform to the sample or

model.

2. It is not necessary to the creation of an express warranty that the lessor use formal

words, such as "warrant" or "guarantee", or that the lessor have a specific intention to

make a warranty, but an affirmation merely of the value of the goods or a statement

purporting to be merely the lessor's opinion or commendation of the goods does not

create a warranty.
N.D. Cent. Code § 4.1-13-22 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-22
4.1-13-22. Commission - Report to legislative assembly
Status: in_force

4.1-13-22. Commission - Report to legislative assembly

At the time the commission presents the report required by section 4.1-44-04, the

commission shall present a separate report detailing the nature and extent of the commission's

efforts to address trade and domestic policy issues. The commission may invite other entities

with which it has contracted to assist in the presentation.
N.D. Cent. Code § 4.1-26-03 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-03
4.1-26-03. Terms of office
Status: in_force

4.1-26-03. Terms of office

1. The term of office for each member is five years and begins on July first.

2. Terms of office must be staggered so that no more than one term expires each year.

3. If at any time during a member's term the member ceases to possess any of the

qualifications required by this chapter, the member's office is deemed vacant and the

governor shall appoint another individual for the remainder of the term.
N.D. Cent. Code § 41-11-01 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-01
41-11-01. (A-101) Title
Status: in_force

41-11-01. (A-101) Title

This chapter may be cited as Transitional Provisions for Uniform Commercial Code

Amendments (2022).
N.D. Cent. Code § 41-08-13 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-13
41-08-13. (8-113) Statute of frauds inapplicable
Status: in_force

41-08-13. (8-113) Statute of frauds inapplicable

A contract or modification of a contract for the sale or purchase of a security is enforceable

whether or not there is a writing signed or record authenticated by a party against whom

enforcement is sought, even if the contract or modification is not capable of performance within

one year of its making.
N.D. Cent. Code § 4.1-25-51 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-51
4.1-25-51. Shared animal ownership agreement rules limitation
Status: in_force

4.1-25-51. Shared animal ownership agreement rules limitation

Notwithstanding chapter 28-32, the commissioner may not adopt any rule that restricts,

limits, or imposes additional requirements on any person transferring or obtaining raw milk in

accordance with the terms of a shared animal ownership agreement.
N.D. Cent. Code § 4.1-04-14 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-14
4.1-04-14. Reimbursement for double payments
Status: in_force

4.1-04-14. Reimbursement for double payments

Notwithstanding section 4.1-04-13, if a producer documents to the council that the producer

has paid the assessment more than once on the same corn, the council shall reimburse the

producer for the double payment.
N.D. Cent. Code § 41-02-91 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-91
41-02-91. (2-712) Cover - Buyer's procurement of substitute goods
Status: in_force

41-02-91. (2-712) Cover - Buyer's procurement of substitute goods

1. After a breach within section 41-02-90, the buyer may "cover" by making in good faith

and without unreasonable delay any reasonable purchase of or contract to purchase

goods in substitution for those due from the seller.

2. The buyer may recover from the seller as damages the difference between the cost of

cover and the contract price together with any incidental or consequential damages as

hereinafter defined (section 41-02-94), but less expenses saved in consequence of the

seller's breach.

3. Failure of the buyer to effect cover within this section does not bar the buyer from any

other remedy.
N.D. Cent. Code § 41-09-77 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-77
41-09-77. (9-506) Effect of errors or omissions
Status: in_force

41-09-77. (9-506) Effect of errors or omissions

1. A financing statement substantially satisfying the requirements of this part is effective,

even if the financing statement has minor errors or omissions, unless the errors or

omissions make the financing statement seriously misleading.

2. Except as otherwise provided in subsection 3, a financing statement that fails

sufficiently to provide the name of the debtor in accordance with subsection 1 of

section 41-09-74 is seriously misleading.

3. If a search of the records of the filing office under the debtor's correct name, using the

filing office's standard search logic, if any, would disclose a financing statement that

fails sufficiently to provide the name of the debtor in accordance with subsection 1 of

section 41-09-74, the name provided does not make the financing statement seriously

misleading.

4. For purposes of subsection 2 of section 41-09-79, the "debtor's correct name" in

subsection 3 means the correct name of the new debtor.
N.D. Cent. Code § 41-08-09 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-09
41-08-09. (8-109) Warranties in indirect holding
Status: in_force

41-08-09. (8-109) Warranties in indirect holding

1. A person who originates an entitlement order to a securities intermediary warrants to

the securities intermediary that:

a. The entitlement order is made by an appropriate person, or if the entitlement

order is by an agent, the agent has actual authority to act on behalf of the

appropriate person; and

b. There is no adverse claim to the security entitlement.

2. A person who delivers a security certificate to a securities intermediary for credit to a

securities account or originates an instruction with respect to an uncertificated security

directing that the uncertificated security be credited to a securities account makes to

the securities intermediary the warranties specified in subsection 1 or 2 of section

41-08-08.

3. If a securities intermediary delivers a security certificate to its entitlement holder or

causes its entitlement holder to be registered as the owner of an uncertificated

security, the securities intermediary makes to the entitlement holder the warranties

specified in subsection 1 or 2 of section 41-08-08.
N.D. Cent. Code § 4.1-35-03 — ND Code / Title 4.1 / Chapter 4.1-35 / Section 4.1-35-03
4.1-35-03. Rules - Standards for chemigation, installation, maintenance, and modifications
Status: in_force

4.1-35-03. Rules - Standards for chemigation, installation, maintenance, and

modifications.

The commissioner shall adopt rules regulating chemigation through irrigation systems in this

state to minimize the possibility of chemical, pesticide, fertilizer, or other contamination of

irrigation water supply and other rules as necessary to implement this chapter. The

commissioner may establish by rule standards for application of pesticides and fertilizers

through irrigation systems; for installation and maintenance of all equipment and devices used

for chemigation purposes; modifications or changes in design, technology, or irrigation

practices; or other purposes relating to the use or placement of equipment or devices. The

commissioner may adopt rules requiring periodic calibration and inspection of equipment and

system operation during periods of chemigation.
N.D. Cent. Code § 4.1-47-08 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-08
4.1-47-08. County weed board - Powers
Status: in_force

4.1-47-08. County weed board - Powers

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 personnel to assist with noxious weed control

efforts.
N.D. Cent. Code § 41-08-49 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-49
41-08-49. (8-509) Specification of duties of securities intermediary by other statute or regulation - Manner of performance of duties of securities intermediary and exercise of rights of entitlement holder
Status: in_force

41-08-49. (8-509) Specification of duties of securities intermediary by other statute or

regulation - Manner of performance of duties of securities intermediary and exercise of

rights of entitlement holder.

1. If the substance of a duty imposed upon a securities intermediary by sections

41-08-44 through 41-08-48 is the subject of other statute, regulation, or rule,

compliance with that statute, regulation, or rule satisfies the duty.

2. To the extent that specific standards for the performance of the duties of a securities

intermediary or the exercise of the rights of an entitlement holder are not specified by

other statute, regulation, or rule or by agreement between the securities intermediary

and entitlement holder, the securities intermediary shall perform its duties and the

entitlement holder shall exercise its rights in a commercially reasonable manner.

3. The obligation of a securities intermediary to perform the duties imposed by sections

41-08-44 through 41-08-48 is subject to:

a. Rights of the securities intermediary arising out of a security interest under a

security agreement with the entitlement holder or otherwise; and

b. Rights of the securities intermediary under other law, regulation, rule, or

agreement to withhold performance of its duties as a result of unfulfilled

obligations of the entitlement holder to the securities intermediary.

4. Sections 41-08-44 through 41-08-48 do not require a securities intermediary to take

any action that is prohibited by other statute, regulation, or rule.
N.D. Cent. Code § 4.1-01.1-03 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-03
4.1-01.1-03. Agricultural products utilization commission - Meetings - Personnel - Reports
Status: in_force

4.1-01.1-03. Agricultural products utilization commission - Meetings - Personnel -

Reports.

The agricultural products utilization commission, an office of the agriculture commissioner,

shall meet as necessary and shall report to each session of the legislative assembly. The

commissioner shall provide office space, employ required personnel for the performance of its

duties, hire consultants, spend any funds appropriated to the commission, and contract with

public entities or private parties for services.
N.D. Cent. Code § 4.1-20-31 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-31
4.1-20-31. Supervisors to enforce land use regulations
Status: in_force

4.1-20-31. Supervisors to enforce land use regulations

The supervisors may enter upon any land within the district to determine whether land use

regulations adopted under this chapter are being observed.
N.D. Cent. Code § 4.1-20-11 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-11
4.1-20-11. District determined feasible - Statement filed with secretary of state
Status: in_force

4.1-20-11. District determined feasible - Statement filed with secretary of state

If the committee determines the operation of a proposed district is administratively feasible,

the committee shall file with the secretary of state a certified statement identifying the

boundaries and name of that district. The statement must include the reasons for the formation

of the district and the result of the election.
N.D. Cent. Code § 4.1-75-09 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-09
4.1-75-09. Failure to comply with chapter - Penalty
Status: in_force

4.1-75-09. Failure to comply with chapter - Penalty

Any individual who takes possession of an estray and willfully fails to comply with this

chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-09-55 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-55
41-09-55. (9-335) Accessions
Status: in_force

41-09-55. (9-335) Accessions

1. A security interest may be created in an accession and continues in collateral that

becomes an accession.

2. If a security interest is perfected when the collateral becomes an accession, the

security interest remains perfected in the collateral.

3. Except as otherwise provided in subsection 4, the other provisions of this part

determine the priority of a security interest in an accession.

4. A security interest in an accession is subordinate to a security interest in the whole

which is perfected by compliance with the requirements of a certificate-of-title statute

under subsection 2 of section 41-09-51.

5. After default, subject to sections 41-09-98 through 41-09-123, a secured party may

remove an accession from other goods if the security interest in the accession has

priority over the claims of every person having an interest in the whole.

6. A secured party that removes an accession from other goods under subsection 5 shall

promptly reimburse any holder of a security interest or other lien on, or owner of, the

whole or of the other goods, other than the debtor, for the cost of repair of any physical

injury to the whole or the other goods. The secured party need not reimburse the

holder or owner for any diminution in value of the whole or the other goods caused by

the absence of the accession removed or by any necessity for replacing it. A person

entitled to reimbursement may refuse permission to remove until the secured party

gives adequate assurance for the performance of the obligation to reimburse.
N.D. Cent. Code § 4.1-18.1-08 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-08
4.1-18.1-08. Hemp - Research
Status: in_force

4.1-18.1-08. Hemp - Research

1. Any researcher associated with or operating under an institution under the control of

the state board of higher education is exempt from obtaining a license described under

section 4.1-18.1-02 to grow hemp. A researcher shall notify the commissioner of the

researcher's intent to plant hemp and provide the following information to the

commissioner:

a. The name and contact information of the primary investigator; and

b. The legal description of all land where hemp will be grown as part of the project.

2. The research institution shall ensure the primary investigator and all other project

participants meet the criminal history background restrictions in section 4.1-18.1-02.
N.D. Cent. Code § 4.1-52-08 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-08
4.1-52-08. Seed commission - Duties
Status: in_force

4.1-52-08. Seed commission - Duties

The seed commission shall:

1. Appoint a seed commissioner;

2. Compensate the seed commissioner; and

3. Review the appointment of a seed commissioner, annually.
N.D. Cent. Code § 4.1-57-05 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-05
4.1-57-05. Termination of bond - Notice to seed commissioner - Suspension of license
Status: in_force

4.1-57-05. Termination of bond - Notice to seed commissioner - Suspension of

license.

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 commissioner

received the notice or on a later date specified by the surety. This section does not relieve,

release, or discharge the surety from any liability incurred before the expiration of the ninety-day

period. Unless the wholesale potato dealer files a new bond or an irrevocable letter of credit at

least thirty days before the surety's liability ceases, the seed commissioner, without hearing,

shall suspend the wholesale potato dealer's license. The seed commissioner may not remove

the suspension until a new bond or an irrevocable letter of credit has been filed with and

approved by the seed commissioner.
N.D. Cent. Code § 41-09-39 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-39
41-09-39. (9-319) Rights and title of consignee with respect to creditors and purchasers
Status: in_force

41-09-39. (9-319) Rights and title of consignee with respect to creditors and

purchasers.

1. Except as otherwise provided in subsection 2, for purposes of determining the rights of

creditors of, and purchasers for value of goods from, a consignee, while the goods are

in the possession of the consignee, the consignee is deemed to have rights and title to

the goods identical to those the consignor had or had power to transfer.

2. For purposes of determining the rights of a creditor of a consignee, law other than this

chapter determines the rights and title of a consignee while goods are in the

consignee's possession if, under this part, a perfected security interest held by the

consignor would have priority over the rights of the creditor.
N.D. Cent. Code § 4.1-10-01 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-01
4.1-10-01. Definitions
Status: in_force

4.1-10-01. Definitions

As used in this chapter:

1. "Commissioner" means agriculture commissioner or the commissioner's designee.

2. "Council" means the North Dakota potato council.

3. "Designated handler" means a person that initially places potatoes into the channels of

trade and commerce or a person who processes potatoes into food for human

consumption.

4. "Participating producer" means a producer that has not gained exemption from the

payment of an assessment under this chapter for a particular year or a producer that is

not exempt from the payment of an assessment under the terms of this chapter.

5. "Potato" means any variety of Irish potatoes harvested within this state.

6. "Producer" means a person that:

a. Plants or causes to be planted, on at least ten acres [4.05 hectares], a potato

crop in which the person has an ownership interest, with the intent that upon

maturity the crop will be harvested;

b. Will have met the requirements of subdivision a during the next available growing

season; or

c. Has met the requirements of subdivision a during the immediately preceding

growing season.
N.D. Cent. Code § 4.1-57-17 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-17
4.1-57-17. Report by wholesale potato dealer - payment
Status: repealed

4.1-57-17. Report by wholesale potato dealer - payment

Repealed by S.L. 2011, ch. 70, § 23.
N.D. Cent. Code § 4.1-73-24 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-24
4.1-73-24. Rules - Fees for brand inspection
Status: in_force

4.1-73-24. Rules - Fees for brand inspection

1. The state board of animal health, after seeking advice from the North Dakota

stockmen's association, shall adopt rules regarding:

a. The provision of brand inspection services at livestock auction markets, packing

plants, and buying stations; and

b. The provision of brand inspection services at locations other than those listed in

subdivision a.

2. The rules must include:

a. The fees to be charged for the provision of the brand inspections;

b. The collection of fees by the brand inspectors; and

c. The time and manner in which the brand inspectors must submit the fees to the

North Dakota stockmen's association.
N.D. Cent. Code § 4.1-25-12 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-12
4.1-25-12. Entry, inspection, and investigation
Status: in_force

4.1-25-12. Entry, inspection, and investigation

Authorized representatives of the department may enter, at reasonable hours, places of

business where a licensee or license applicant maintains books, papers, accounts, records, or

other documents related to the production, storage, processing, manufacturing, or sale of dairy

products. The commissioner may subpoena, and the commissioner's authorized representative

may inspect, audit, and make copies of relevant books, papers, records, accounts, or other

documents of persons doing business with licensees. Any information gained by the department

or by the commissioner under this section is confidential and may be used only for the

administration of this chapter. The department or the commissioner may divulge the information

when testifying in any departmental administrative hearing, in a duly noticed proceeding before

the milk marketing board, or in any court proceeding in which the department or the

commissioner is a party. This chapter does not prevent the department or the commissioner

from using the information to compile or disseminate general statistical data so long as the data

does not reveal individual information for any licensee or license applicant.

The commissioner may subpoena and take the testimony under oath of persons believed by

the commissioner to have information needed in administering and enforcing this chapter.
N.D. Cent. Code § 41-08-40 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-40
41-08-40. (8-407) Authenticating trustee, transfer agent, and registrar
Status: in_force

41-08-40. (8-407) Authenticating trustee, transfer agent, and registrar

A person acting as authenticating trustee, transfer agent, registrar, or other agent for an

issuer in the registration of a transfer of its securities, in the issue of new security certificates or

uncertificated securities, or in the cancellation of surrendered security certificates has the same

obligation to the holder or owner of a certificated or uncertificated security with regard to the

particular functions performed as the issuer has in regard to those functions.