N.D. Cent. Code § 41-02-46 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-46
41-02-46. (2-401) Passing of title - Reservation for security - Limited application of section
Status: in_force

41-02-46. (2-401) Passing of title - Reservation for security - Limited application of

section.

Each provision of this chapter with regard to the rights, obligations, and remedies of the

seller, the buyer, purchasers, or other third parties applies irrespective of title to the goods

except when the provision refers to such title. Insofar as situations are not covered by the other

provisions of this chapter and matters concerning title become material, the following rules

apply:

1. Title to goods cannot pass under a contract for sale prior to their identification to the

contract (section 41-02-49) and, unless otherwise explicitly agreed, the buyer acquires

by their identification a special property as limited by this title. Any retention or

reservation by the seller of the title (property) in goods shipped or delivered to the

buyer is limited in effect to a reservation of a security interest. Subject to these

provisions and to the provisions of the chapter on secured transactions (chapter

41-09), title to goods passes from the seller to the buyer in any manner and on any

conditions explicitly agreed on by the parties.

2. Unless otherwise explicitly agreed, title passes to the buyer at the time and place at

which the seller completes the seller's performance with reference to the physical

delivery of the goods, despite any reservation of a security interest and even though a

document of title is to be delivered at a different time or place and in particular and

despite any reservation of a security interest by the bill of lading:

a. If the contract requires or authorizes the seller to send the goods to the buyer but

does not require the seller to deliver them at destination, title passes to the buyer

at the time and place of shipment; but

b. If the contract requires delivery at destination, title passes on tender there.

3. Unless otherwise explicitly agreed, if delivery is to be made without moving the goods:

a. If the seller is to deliver a tangible document of title, title passes at the time when

and the place where the seller delivers such documents and, if the seller is to

deliver an electronic document of title, title passes when the seller delivers the

document; or

b. If the goods are at the time of contracting already identified and no documents of

title are to be delivered, title passes at the time and place of contracting.

4. A rejection or other refusal by the buyer to receive or retain the goods, whether or not

justified, or a justified revocation of acceptance revests title to the goods in the seller.

Such revesting occurs by operation of law and is not a "sale".
N.D. Cent. Code § 41-07-08 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-08
41-07-08. (7-202) Form of warehouse receipt - Effect of omission
Status: in_force

41-07-08. (7-202) Form of warehouse receipt - Effect of omission

1. A warehouse receipt need not be in any particular form.

2. Unless a warehouse receipt provides for each of the following, the warehouse is liable

for damages caused to a person injured by its omission:

a. A statement of the location of the warehouse facility where the goods are stored;

b. The date of issue of the receipt;

c. The unique identification code of the receipt;

d. A statement whether the goods received will be delivered to the bearer, to a

named person, or to a named person or its order;

e. The rate of storage and handling charges, unless goods are stored under a field

warehousing arrangement, in which case a statement of that fact is sufficient on a

non-negotiable receipt;

f. A description of the goods or the packages containing them;

g. The signature of the warehouse or its agent;

h. If the receipt is issued for goods that the warehouse owns, either solely, jointly, or

in common with others, a statement of the fact of that ownership; and

i. A statement of the amount of advances made and of liabilities incurred for which

the warehouse claims a lien or security interest, unless the precise amount of

advances made or liabilities incurred, at the time of the issue of the receipt, is

unknown to the warehouse or to its agent that issued the receipt, in which case a

statement of the fact that advances have been made or liabilities incurred and the

purpose of the advances or liabilities is sufficient.

3. A warehouse may insert in its receipt any terms that are not contrary to this title and do

not impair its obligation of delivery under section 41-07-28 or its duty of care under

section 41-07-10. Any contrary provision is ineffective.
N.D. Cent. Code § 4.1-56-08 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-08
4.1-56-08. Prohibition
Status: in_force

4.1-56-08. Prohibition

A person may not plant or authorize the planting of seed potatoes other than those

permitted within the seed potato control area.
N.D. Cent. Code § 4.1-26-21 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-21
4.1-26-21. License application - Hearing
Status: in_force

4.1-26-21. License application - Hearing

1. Within thirty days after receiving an application for a license under this chapter, the

milk marketing board shall:

a. Issue the license; or

b. Notify the applicant of the date on which a hearing will be held to receive

evidence relative to the application.

2. A hearing under this section may not be held less than twenty days after the date on

which notice is given, unless the board and the applicant agree to an earlier date.

3. Within thirty days after the hearing is closed, or as soon thereafter as practicable, the

board shall notify the applicant of its decision in the matter.
N.D. Cent. Code § 4.1-01-30 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-30
4.1-01-30. Grasslands grazing grant program
Status: in_force

4.1-01-30. Grasslands grazing grant program

1. The agriculture commissioner shall administer a grasslands grazing grant program to

provide grants to organizations representing cooperative grazing associations in the

state.

2. a. An organization that receives a grant under this program may distribute the

funding to cooperative grazing associations for eligible infrastructure projects,

which must be located on national grasslands within the state.

b. Eligible infrastructure projects include:

(1) Water development.

(2) Fencing.

(3) Conservation initiatives.

(4) Compliance with federal permitting requirements, including fees for

professional services.

(5) Other projects to enhance wildlife habitat, capture carbon, or increase the

health of grasslands.

c. Program participants shall develop and implement a grazing land plan in

compliance with local soil conservation district guidance, and the plan must be

approved by the local soil conservation district.

3. To be eligible for a grant, an organization shall provide one dollar of matching funds

from nonstate sources for every four dollars of grant funding. The agriculture

commissioner shall establish additional guidelines for the program.
N.D. Cent. Code § 41-03-35 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-35
41-03-35. (3-309) Enforcement of lost, destroyed, or stolen instrument
Status: in_force

41-03-35. (3-309) Enforcement of lost, destroyed, or stolen instrument

1. A person not in possession of an instrument is entitled to enforce the instrument if that

person was in rightful possession of the instrument and entitled to enforce it when loss

of possession occurred; the loss of possession was not the result of a transfer by that

person or a lawful seizure; and that person cannot reasonably obtain possession of

the instrument because the instrument was destroyed, its whereabouts cannot be

determined, or it is in the wrongful possession of an unknown person or a person that

cannot be found or is not amenable to service of process.

2. A person seeking enforcement of an instrument pursuant to subsection 1 must prove

the terms of the instrument and the person's right to enforce the instrument. If that

proof is made, section 41-03-34 applies to the case as though the person seeking

enforcement had produced the instrument. The court may not enter judgment in favor

of the person seeking enforcement unless it finds that the person required to pay the

instrument is adequately protected against loss that might occur by reason of a claim

by another person to enforce the instrument. Adequate protection may be provided by

any reasonable means.
N.D. Cent. Code § 4.1-59-04 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-04
4.1-59-04. Federal licensed inspector and employees
Status: in_force

4.1-59-04. Federal licensed inspector and employees

The commissioner may employ a federal licensed inspector and other employees as

necessary to carry out this chapter.
N.D. Cent. Code § 4.1-02-01 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-01
4.1-02-01. Definitions
Status: in_force

4.1-02-01. Definitions

As used in this chapter:

1. "Barley" means all varieties of barley harvested in the state.

2. "Council" means the North Dakota barley council.

3. "First purchaser" means any person accepting for shipment or otherwise acquiring

barley from a producer. The term includes a mortgagee, pledgee, lienor, or other

person having a claim against the producer, if the actual or constructive possession of

the barley is taken as partial payment or in satisfaction of the mortgage, pledge, lien,

or claim.

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

section 4.1-02-16 during the preceding twelve months.

5. "Producer" means any person that:

a. Plants or causes to be planted a barley 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 § 4.1-27-17 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-17
4.1-27-17. Grievance committee
Status: in_force

4.1-27-17. Grievance committee

1. Any livestock auction market who has a complaint against the veterinarian assigned to

the livestock auction market, or any veterinarian that has a complaint against the

auction market to which the veterinarian is assigned, may submit a written complaint to

the grievance committee. The grievance committee consists of:

a. The president of the North Dakota stockmen's association or the president's

designee;

b. The president of the livestock auction market association or the president's

designee; and

c. The president of the North Dakota veterinary medical association or the

president's designee.

2. The members of the committee shall choose one member to serve as chairman. The

committee shall meet at the call of the chairman. The committee shall take all

complaints under consideration and report a recommendation of the committee to the

state board of animal health within thirty days after receipt of the complaint.
N.D. Cent. Code § 4.1-34-09 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-09
4.1-34-09. Exemptions
Status: in_force

4.1-34-09. Exemptions

1. The penalties provided for violations of section 4.1-34-02 do not apply to:

a. A carrier while lawfully engaged in transporting a pesticide within this state, if the

carrier, upon request, permits the commissioner to copy all records showing the

transactions in and movement of the articles.

b. A public official of this state or the federal government engaged in the

performance of official duties.

c. The manufacturer or shipper of a pesticide for experimental use only:

(1) By or under the supervision of an agency of this state or of the federal

government authorized by law to conduct research in the field of pesticides;

or

(2) By others if the pesticide is not sold and if the pesticide container is plainly

and conspicuously marked "For experimental use only - Not to be sold",

together with the manufacturer's name and address.

c. A person using, distributing, selling, or offering for sale an unregistered pesticide

for which the United States environmental protection agency has granted an

emergency exemption for at least one use in North Dakota under section 18 of

the federal Act.

2. An article may not be deemed in violation of this chapter when intended solely for

export to a foreign country and when prepared or packed according to the

specifications or directions of the purchaser. If not so exported, all the provisions of

this chapter apply.
N.D. Cent. Code § 4.1-08-06 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-06
4.1-08-06. Assessment - Authorized expenditures
Status: in_force

4.1-08-06. Assessment - Authorized expenditures

The assessment required by this chapter may be used to fund research, including efforts

that focus on honeybee colony health; education programs; and market development efforts, as

well as promotional efforts such as the North Dakota honey queen program.
N.D. Cent. Code § 4.1-11-14 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-14
4.1-11-14. Submission of assessments - Delinquent assessment
Status: in_force

4.1-11-14. Submission of assessments - Delinquent assessment

Each designated handler shall forward to the council all assessments collected by the

handler under section 4.1-11-11 within thirty days after the end of each calendar quarter. If a

designated handler fails to submit the assessments as required by this section, the council shall

increase the amount owed by two percent each month, beginning with the day following that on

which the assessments came due.
N.D. Cent. Code § 41-02-75 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-75
41-02-75. (2-612) Installment contract - Breach
Status: in_force

41-02-75. (2-612) Installment contract - Breach

1. An "installment contract" is one which requires or authorizes the delivery of goods in

separate lots to be separately accepted, even though the contract contains a clause

"each delivery is a separate contract" or its equivalent.

2. The buyer may reject any installment that is nonconforming if the nonconformity

substantially impairs the value of that installment and cannot be cured or if the

nonconformity is a defect in the required documents but, if the nonconformity does not

fall within subsection 3 and the seller gives adequate assurance of its cure, the buyer

must accept that installment.

3. Whenever nonconformity or default with respect to one or more installments

substantially impairs the value of the whole contract, there is a breach of the whole.

But the aggrieved party reinstates the contract if the aggrieved party accepts a

nonconforming installment without seasonably notifying of cancellation or if the

aggrieved party brings an action with respect only to past installments or demands

performance as to future installments.
N.D. Cent. Code § 4.1-25-16 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-16
4.1-25-16. Notice to file claims - When claims barred
Status: in_force

4.1-25-16. Notice to file claims - When claims barred

The department, as trustee, shall notify all persons having claims against the licensee

personally by certified mail to file the claims with the department. Any person who fails to file a

claim with the department and to surrender any receipts obtained from the licensee within thirty

days after receiving notice is barred from pursuing the claim in any fund marshalled by the

department as prescribed in this chapter. The department may proceed as prescribed by law

when all producers have responded to the notification.
N.D. Cent. Code § 4.1-73-25 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-25
4.1-73-25. Slaughtering of cattle - Records - Penalty
Status: in_force

4.1-73-25. Slaughtering of cattle - Records - Penalty

1. Any person slaughtering cattle on a custom basis or for the purpose of selling the meat

at retail or wholesale shall record:

a. The date each animal was purchased or accepted for custom slaughtering;

b. The name and address of:

(1) The seller; or

(2) The person for whom custom slaughtering is being performed;

c. The animal's age or estimated age;

d. The animal's sex; and

e. Any brand found on the animal.

2. Any person required to record information in accordance with this section shall:

a. Compile the information in the manner directed by the North Dakota stockmen's

association; and

b. Forward the information to the North Dakota stockmen's association at least

quarterly.

3. Until such time as the information is forwarded to the North Dakota stockmen's

association, any person required to record information in accordance with this section

shall make the information available for inspection by a representative of the

association, upon request.

4. Any information created, collected, or maintained by the North Dakota stockmen's

association under this section is confidential and not subject to the open records

requirements of section 44-04-18. The information may be released by the association

only:

a. Upon the written consent of every person identified or identifiable by the

information;

b. In accordance with federal law;

c. To any state or federal agency for the purposes of animal disease control or

animal disease traceback;

d. To the attorney general and any other law enforcement agency pursuing a

criminal investigation; or

e. Pursuant to an order issued by a court upon a showing of good cause.

5. Any person violating this section is guilty of an infraction.
N.D. Cent. Code § 4.1-21-10 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-10
4.1-21-10. State forester may sell, exchange, or lease lands
Status: in_force

4.1-21-10. State forester may sell, exchange, or lease lands

The state forester may sell, exchange, or lease lands under the state forester's jurisdiction

when in the state forester's judgment it is advantageous to the best orderly development and

management of state forests and state parks, except any sale, lease, or exchange may not be

contrary to the terms of any contract that the state has entered.
N.D. Cent. Code § 41-02.1-35 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-35
41-02.1-35. (2A-305) Sale or sublease of goods by lessee
Status: in_force

41-02.1-35. (2A-305) Sale or sublease of goods by lessee

1. Subject to section 41-02.1-33, a buyer or sublessee from the lessee of goods under an

existing lease contract obtains, to the extent of the interest transferred, the leasehold

interest in the goods that the lessee had or had power to transfer, and except as

provided in subsections 2 and 4 of section 41-02.1-59, takes subject to the existing

lease contract. A lessee with a voidable leasehold interest has power to transfer a

good leasehold interest to a good-faith buyer for value or a good-faith sublessee for

value, but only to the extent set forth in the preceding sentence. When goods have

been delivered under a transfer of lease, the lessee has that power even though any

of the following are met:

a. The lessor was deceived as to the identity of the lessee.

b. The delivery was in exchange for a check which is later dishonored.

c. The delivery was procured through fraud punishable as larcenous under the

criminal law.

2. A buyer in the ordinary course of business or a sublessee in the ordinary course of

business from a lessee who is a merchant dealing in goods of that kind to whom the

goods were entrusted by the lessor obtains, to the extent of the interest transferred, all

of the lessor's and lessee's rights to the goods, and takes free of the existing lease

contract.

3. A buyer or sublessee from the lessee of goods that are subject to an existing lease

contract and are covered by a certificate of title issued under a statute of this state or

of another jurisdiction takes no greater rights than those provided both by this section

and by the certificate of title statute.
N.D. Cent. Code § 4.1-61-01 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-01
4.1-61-01. Credit-sale contracts - Assessment on grain - Submission of assessment
Status: in_force

4.1-61-01. Credit-sale contracts - Assessment on grain - Submission of assessment

An assessment at the rate of two-tenths of one percent is placed on the value of all grain

sold in this state under a credit-sale contract, as provided for in sections 4.1-58-17 and
N.D. Cent. Code § 41-07-35 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-35
41-07-35. (7-506) Delivery without indorsement - Right to compel indorsement
Status: in_force

41-07-35. (7-506) Delivery without indorsement - Right to compel indorsement

The transferee of a negotiable tangible document of title has a specifically enforceable right

to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation

only as of the time the indorsement is supplied.
N.D. Cent. Code § 4.1-02-03 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-03
4.1-02-03. Council - Membership - Election - Term - Appointment to fill vacancies
Status: in_force

4.1-02-03. Council - Membership - Election - Term - Appointment to fill vacancies

1. The council consists of one individual elected from each district established in section

4.1-02-02.

2. Each member of the council must be a participating producer.

3. The term of each elected member is four years and begins on April first. The terms

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

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 for the remainder

of the term.

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

6. If a district fails to elect a district representative under section 4.1-02-05 due to the

unavailability of a participating producer within the district, the vacant office must be

filled on an at large basis. By a majority vote of the council, the council shall appoint a

participating producer from another district to represent that district until the next

election. The at large participating producer appointed to represent the district may

seek re-election as the district representative from the district in which the participating

producer was appointed under this section.
N.D. Cent. Code § 4.1-56-12 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-12
4.1-56-12. Seed potato control area - Dissolution
Status: in_force

4.1-56-12. Seed potato control area - Dissolution

Upon a showing of good cause, or as otherwise authorized by this chapter, the seed

commissioner may order the dissolution of a seed potato control area.
N.D. Cent. Code § 4.1-47-05 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-05
4.1-47-05. State noxious weed list - Compilation
Status: in_force

4.1-47-05. State noxious weed list - Compilation

1. Before the commissioner may add a weed to or remove a weed from the state noxious

weed list, the commissioner shall consult with the North Dakota state university

extension service.

2. Before January 1, 2010, and at least every five years thereafter, the commissioner

shall review the state noxious weed list. The commissioner shall provide each county

and city weed board with at least fourteen days' notice of the time and place at which

the list will be reviewed and, no later than fourteen days after conclusion of the review,

shall provide each county and city weed board with written notice of any changes to

the state noxious weed list.
N.D. Cent. Code § 4.1-20-21 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-21
4.1-20-21. Assistance for district supervisors
Status: in_force

4.1-20-21. Assistance for district supervisors

Upon request of the supervisors of a soil conservation district, a board of county

commissioners may assign an employee or employees of the county to assist the supervisors in

the performance of the supervisors' duties authorized by this chapter. The board of county

commissioners of each county within a soil conservation district may provide assistance for the

supervisors. The duties of the employee or employees are under the direct supervision of the

supervisors of the soil conservation district.
N.D. Cent. Code § 41-09-131 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-131
41-09-131. (9-709) Priority
Status: in_force

41-09-131. (9-709) Priority

1. This chapter determines the priority of conflicting claims to collateral. However, if the

relative priorities of the claims were established before July 1, 2001, the former

chapter 41-09 determines priority.

2. For purposes of subsection 1 of section 41-09-42, the priority of a security interest that

becomes enforceable under section 41-09-13 dates from July 1, 2001, if the security

interest is perfected under this chapter by the filing of a financing statement before

July 1, 2001, which would not have been effective to perfect the security interest under

the former chapter 41-09. This subsection does not apply to conflicting security

interests each of which is perfected by the filing of such a financing statement.
N.D. Cent. Code § 4.1-83-03 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-03
4.1-83-03. Application for livestock dealer's license - Required information
Status: in_force

4.1-83-03. Application for livestock dealer's license - Required information

To obtain a livestock dealer's license, a person must complete an application and submit it

to the agriculture commissioner. The application must include:

1. The applicant's name and:

a. The name of each partner if the applicant is a partnership;

b. The name of each corporate officer and the state of incorporation if the applicant

is a corporation; or

c. The name of each manager and the state of organization if the applicant is a

limited liability company;

2. The applicant's mailing address; and

3. The applicant's principal place of business.
N.D. Cent. Code § 41-02-02 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-02
41-02-02. (2-102) Scope - Certain security and other transactions excluded from this chapter
Status: in_force

41-02-02. (2-102) Scope - Certain security and other transactions excluded from this

chapter.

1. Unless the context otherwise requires, and except as provided in subsection 3, this

chapter applies to transactions in goods and, in the case of a hybrid transaction, it

applies to the extent provided in subsection 2.

2. In a hybrid transaction:

a. If the sale-of-goods aspects do not predominate, only the provisions of this

chapter which relate primarily to the sale-of-goods aspects of the transaction

apply, and the provisions that relate primarily to the transaction as a whole do not

apply.

b. If the sale-of-goods aspects predominate, this chapter applies to the transaction

but does not preclude application in appropriate circumstances of other law to

aspects of the transaction which do not relate to the sale of goods.

3. This chapter does not:

a. Apply to a transaction that, even though in the form of an unconditional contract

to sell or present sale, operates only to create a security interest; or

b. Impair or repeal a statute regulating sales to consumers, farmers, or other

specified classes of buyers.
N.D. Cent. Code § 41-03-10 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-10
41-03-10. (3-110) Identification of person to whom instrument is payable
Status: in_force

41-03-10. (3-110) Identification of person to whom instrument is payable

1. The person to whom an instrument is initially payable is determined by the intent of the

person, whether or not authorized, signing as or in the name or behalf of the issuer of

the instrument. The instrument is payable to the person intended by the signer even if

that person is identified in the instrument by a name or other identification that is not

that of the intended person. If more than one person signs in the name or behalf of the

issuer of an instrument and all the signers do not intend the same person as payee,

the instrument is payable to any person intended by one or more of the signers.

2. If the signature of the issuer of an instrument is made by automated means such as a

checkwriting machine, the payee of the instrument is determined by the intent of the

person who supplied the name or identification of the payee, whether or not authorized

to do so.

3. A person to whom an instrument is payable may be identified in any way, including by

name, identifying number, office, or account number. For the purpose of determining

the holder of an instrument, the following rules apply:

a. If an instrument is payable to an account and the account is identified only by

number, the instrument is payable to the person to whom the account is payable.

If an instrument is payable to an account identified by number and by the name of

a person, the instrument is payable to the named person, whether or not that

person is the owner of the account identified by number.

b. If an instrument is payable to:

(1) A trust, an estate, or a person described as trustee or representative of a

trust or estate, the instrument is payable to the trustee, the representative,

or a successor of either, whether or not the beneficiary or estate is also

named.

(2) A person described as agent or similar representative of a named or

identified person, the instrument is payable either to the represented person,

the representative, or a successor of the representative.

(3) A fund or organization that is not a legal entity, the instrument is payable to a

representative of the members of the fund or organization.

(4) An office or to a person described as holding an office, the instrument is

payable to the named person, the incumbent of the office, or a successor to

the incumbent.

4. If an instrument is payable to two or more persons alternatively, it is payable to any of

them and may be negotiated, discharged, or enforced by any or all of them in

possession of the instrument. If an instrument is payable to two or more persons not

alternatively, it is payable to all of them and may be negotiated, discharged, or

enforced only by all of them. If an instrument payable to two or more persons is

ambiguous as to whether it is payable to the persons alternatively, the instrument is

payable to the persons alternatively.
N.D. Cent. Code § 4.1-04-01 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-01
4.1-04-01. Definitions
Status: in_force

4.1-04-01. Definitions

As used in this chapter:

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

2. "Corn" means all varieties of corn, except sweet corn and popcorn.

3. "Council" means the North Dakota corn utilization council.

4. "Designated handler" means:

a. Any public warehouse, licensed grain buyer, roving grain buyer, processing plant,

merchandising company, or ethanol plant that purchases corn from a producer;

and

b. Any person having a claim against the producer if the actual or constructive

possession of the corn is taken as security, partial payment, or in satisfaction of a

mortgage, pledge, lien, or claim.

5. "Producer" means any person that:

a. Plants or causes to be planted a corn 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 § 41-09-121 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-121
41-09-121. (9-626) Action in which deficiency or surplus is in issue
Status: in_force

41-09-121. (9-626) Action in which deficiency or surplus is in issue

In an action arising from a transaction in which the amount of a deficiency or surplus is in

issue, the following rules apply:

1. A secured party need not prove compliance with the provisions of this part relating to

collection, enforcement, disposition, or acceptance unless the debtor or a secondary

obligor places the secured party's compliance in issue.

2. If the secured party's compliance is placed in issue, the secured party has the burden

of establishing that the collection, enforcement, disposition, or acceptance was

conducted in accordance with this part.

3. Except as otherwise provided in section 41-09-123, if a secured party fails to prove

that the collection, enforcement, disposition, or acceptance was conducted in

accordance with the provisions of this part relating to collection, enforcement,

disposition, or acceptance, the liability of a debtor or a secondary obligor for a

deficiency is limited to an amount by which the sum of the secured obligation,

expenses, and attorney's fees exceeds the greater of:

a. The proceeds of the collection, enforcement, disposition, or acceptance; or

b. The amount of proceeds that would have been realized had the noncomplying

secured party proceeded in accordance with the provisions of this part relating to

collection, enforcement, disposition, or acceptance.

4. For purposes of subdivision b of subsection 3, the amount of proceeds that would

have been realized is equal to the sum of the secured obligation, expenses, and

attorney's fees unless the secured party proves that the amount is less than that sum.

5. If a deficiency or surplus is calculated under subsection 6 of section 41-09-111, the

debtor or obligor has the burden of establishing that the amount of proceeds of the

disposition is significantly below the range of prices 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.
N.D. Cent. Code § 4.1-04-18 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-18
4.1-04-18. Advisory referendum
Status: in_force

4.1-04-18. Advisory referendum

1. a. When petitioned to do so by fifteen percent of the producers, the council shall

conduct a referendum among the producers of the state to determine the amount

by which the assessment imposed by this chapter should be raised or lowered.

b. To be considered a valid petition, no more than fifty percent of the producers who

signed the petition may reside in one district.

2. The council shall determine the date on which in-person voting will take place.

3. The council shall prepare the ballots and make the ballots available to producers at

each county extension office in the state.

4. Each ballot must include a statement indicating:

a. The date, time, and location at which the council will open and tabulate the

ballots; and

b. That any producer may be present at the time the ballots are opened and

tabulated.

5. a. Beginning no sooner than thirty days before the date established for in-person

voting in accordance with subsection 2, the council also shall provide absentee

ballots upon request to producers who expect to be absent from their county of

residence on the date established for in-person voting in accordance with

subsection 2.

b. The council shall include with each absentee ballot requested a form indicating

that the producer is eligible to participate in the referendum. The form must be

signed by the absentee producer and returned with the absentee ballot.

c. In order to be counted, an absentee ballot and the voter's statement of eligibility

must be received by the council at least forty-eight hours before the time at which

the council stated it would open and tabulate ballots.

6. If a majority of the producers voting upon the question are in favor of the proposed

change, the council shall submit proposed legislation to the next regular session of the

legislative assembly to amend this chapter.
N.D. Cent. Code § 4.1-01-14 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-14
4.1-01-14. Equine slaughter - Establishments
Status: in_force

4.1-01-14. Equine slaughter - Establishments

The commissioner shall monitor federal statutory and regulatory actions related to the

slaughter of horses, mules, and other equines, and in particular, actions pertaining to the

establishments in which the slaughter and preparation of the carcasses may take place. The

commissioner may pursue or support federal legislative, regulatory, or contractual avenues

allowing for the slaughter and processing of horses, mules, and other equines in this state,

without the restriction that the slaughter or product preparation be conducted in establishments

separate from any in which cattle, sheep, swine, or goats are slaughtered or their products are

prepared.
N.D. Cent. Code § 41-04-13 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-13
41-04-13. (4-201) Agency status of collecting banks and provisional status of credit - Applicability of chapter - Item endorsed pay any bank
Status: in_force

41-04-13. (4-201) Agency status of collecting banks and provisional status of credit -

Applicability of chapter - Item endorsed pay any bank.

1. Unless a contrary intent clearly appears and before the time that a settlement given by

a collecting bank for an item is or becomes final, the bank with respect to the item is

an agent or subagent of the owner of the item and any settlement given for the item is

provisional. This provision applies regardless of the form of endorsement or lack of

endorsement and even though credit given for the item is subject to immediate

withdrawal as of right or is in fact withdrawn but the continuance of ownership of an

item by its owner and any rights of the owner to proceeds of the item are subject to

rights of a collecting bank, such as those resulting from outstanding advances on the

item and valid rights of recoupment or setoff. If an item is handled by banks for

purposes of presentment, payment, collection, or return, the relevant provisions of this

chapter apply even though action of the parties clearly establishes that a particular

bank has purchased the item and is the owner of it.

2. After an item has been endorsed with the words "pay any bank" or the like, only a

bank may acquire the rights of a holder until:

a. The item has been returned to the customer initiating collection; or

b. The item has been specially endorsed by a bank to a person who is not a bank.
N.D. Cent. Code § 41-09-84 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-84
41-09-84. (9-513) Termination statement - Remedies - Fees
Status: in_force

41-09-84. (9-513) Termination statement - Remedies - Fees

1. If a financing statement covering consumer goods is filed after December 31, 1973,

then within one month or within ten days following written demand by the debtor after

there is no outstanding secured obligation and no commitment to make advances,

incur obligations, or otherwise give value, the secured party shall file electronically in

the central indexing system, a termination statement to the effect that the secured

party no longer claims a security interest under the financing statement, which must be

identified by file number. In other cases when there is no outstanding secured

obligation and no written commitment between the secured party and the debtor to

make advances, incur obligations, or otherwise give value, the secured party, unless

requested by the debtor in writing to continue the filing, shall file electronically a

termination statement to the effect that the secured party no longer claims a security

interest under the financing statement nor under the central notice system, which shall

be identified by file number. If the affected secured party fails to file a termination

statement as required by this subsection within sixty days of when the secured

obligation is fully satisfied, and the debtor has not requested in writing that the filing be

continued, then under section 41-09-120 the secured party is liable to the debtor for

one hundred dollars and for any loss caused to the debtor by such failure. The debtor's

written request for a filing to be continued may be made at any time and be effective

under this section. If the affected secured party fails to file a termination statement

within ten days after proper written demand by the debtor, then under section

41-09-120 the secured party is liable to the debtor for one hundred dollars and for any

loss caused to the debtor by such failure.

2. Except as otherwise provided in section 41-09-81, upon the filing of a termination

statement, the financing statement to which the termination statement relates ceases

to be effective. Except as provided in section 41-09-81, for purposes of subsection 7 of

section 41-09-90, subsection 1 of section 41-09-93, and subsection 2 of section

41-09-94, the electronic filing of a termination statement relating to a financing

statement that indicates that the debtor is a transmitting utility also causes the

effectiveness of the financing statement to lapse.

3. The fee for filing and indexing a termination statement is included in the fee for filing

the financing statement.
N.D. Cent. Code § 4.1-20-26 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-26
4.1-20-26. Notice of election - Form of ballot - Conduct of election - Who may vote
Status: in_force

4.1-20-26. Notice of election - Form of ballot - Conduct of election - Who may vote

The notice of election on a proposed ordinance submitted to the qualified electors in the

district under section 4.1-20-24 must be provided in the manner required by section 4.1-20-14

relating to notice of election of supervisors, and must recite the contents of the proposed

ordinance or must state where copies of the proposed ordinance may be examined. The

question of adoption or rejection of the proposed ordinance must be submitted by ballot at an

election to be held in the district. The ballot must be in substantially the following form:

Shall proposed ordinance number __________, prescribing land use regulations for

conservation of soil and prevention of erosion be adopted?

Yes ☐

No ☐

The supervisors shall supervise the election, prepare appropriate regulations governing the

conduct of the election, and publish the result of the election. The right to vote in the election is

limited to qualified electors residing within the district. No informalities in the conduct of the

election or in any matters relating to the election may invalidate the election or its result if the

notice of election has been given substantially as required by this section and the election has

been fairly conducted.
N.D. Cent. Code § 4.1-02-20 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-20
4.1-02-20. Advisory referendum
Status: in_force

4.1-02-20. Advisory referendum

1. a. When petitioned to do so by at least fifteen percent of the participating producers,

the council shall conduct a referendum among the participating producers of the

state to determine the amount by which the assessment imposed by this chapter

should be raised or lowered.

b. To be considered a valid petition, no more than fifty percent of the participating

producers who signed the petition may reside in one district.

2. The council shall prepare the ballots and mail the ballots to each participating producer

at least thirty days before the last date for filing ballots.

3. Each ballot must include a statement indicating:

a. The date on which the petition was filed and the number of signatures on the

petition;

b. The date, time, and location at which the council will open and tabulate the

ballots;

c. The last date by which the ballots must be postmarked or filed with the council;

and

d. That any participating producer may be present at the time the ballots are opened

and tabulated.

4. The date selected by the council for the opening and tabulation of ballots must be at

least five days after the date by which ballots must be postmarked or filed with the

council.

5. If a majority of the participating producers voting upon the question are in favor of the

proposed change, the council shall submit a bill to the next legislative assembly to

amend this chapter.
N.D. Cent. Code § 4.1-06-20 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-20
4.1-06-20. Penalty
Status: in_force

4.1-06-20. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-40.1-02 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-02
4.1-40.1-02. Required labeling
Status: in_force

4.1-40.1-02. Required labeling

1. Except for materials exempt under this chapter, the label on a beneficial substance

must contain in a readable and conspicuous form:

a. The brand, including the product name;

b. The net weight or net volume in both customary and metric measurements;

c. The name and address of the guarantor, registrant, and manufacturer;

d. A statement identifying the purpose of the product;

e. The directions for use; and

f. A statement of composition showing the amount of each ingredient under the

heading "CONTAINS BENEFICIAL SUBSTANCES", which is the agent in a

product primarily responsible for the intended effects, containing the:

(1) Name and percentage of each beneficial substance and the ingredient

source if applicable;

(2) Genus and species of the micro-organism, if applicable; and

(3) Specific measurement of the colony forming unit or other acceptable unit.

2. For a product claiming micro-organisms, the labels must include the:

a. Information required under subsection 1;

b. Expiration date for use; and

c. Appropriate storage conditions and practices.

3. If an ingredient not presently defined by the American association of plant food control

officials in the United States is used in a beneficial substance, the label must include

efficacy data to support beneficial substance ingredient claims.

4. If a beneficial substance is part of a bulk shipment, the information provided under

subsection 1 must accompany delivery and be supplied to the purchaser at the time of

delivery.
N.D. Cent. Code § 4.1-60-03 — ND Code / Title 4.1 / Chapter 4.1-60 / Section 4.1-60-03
4.1-60-03. Certificate issued by commissioner after examination of accounts
Status: in_force

4.1-60-03. Certificate issued by commissioner after examination of accounts

1. If the commissioner is satisfied from the commissioner's examination that the

association, copartnership, corporation, or limited liability company examined is

solvent and the method of doing business is likely to be beneficial to all its members or

persons interested therein, the commissioner shall issue a certificate, countersigned

by the examiner, to the agent or manager. The certificate must be kept posted

conspicuously in the warehouse or elevator of the association, copartnership,

corporation, or limited liability company and must state:

a. That the methods of doing business are sound.

b. That the association, copartnership, corporation, or limited liability company is

solvent.

c. That its books and accounts are kept properly.

2. If the affairs and methods of doing business of the association, copartnership,

corporation, or limited liability company do not seem sound or satisfactory to the

commissioner, the commissioner shall issue a certificate or statement, countersigned

by the person that made the examination, stating in what particular and in what

respect the business methods practiced or methods of keeping books and accounts of

the association, copartnership, corporation, or limited liability company are not deemed

safe. The commissioner shall mail a copy of the statement or certificate to each of the

shareholders or stockholders as may have requested the commissioner to make the

examination. The commissioner also shall send a copy to the president and the

secretary of the association, copartnership, corporation, or limited liability company.
N.D. Cent. Code § 4.1-47-14 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-14
4.1-47-14. County noxious weed control program - Payment of expenses - Financial report - Tax levy authorization
Status: in_force

4.1-47-14. County noxious weed control program - Payment of expenses - Financial

report - Tax levy authorization.

1. The board of county commissioners may pay the expenses of a county noxious weed

control program authorized under this chapter from the county general fund, the

noxious weed control fund, or both. In addition to the other program expenditures

authorized in this chapter, the board of county commissioners may expend funds from

the levy authorized under subsection 11 of section 57-15-06.7 to control noxious

weeds or undesirable vegetation along county or township roads in the county.

2. a. The county weed board may annually request from the board of county

commissioners the levy of a tax, not to exceed the levy limitation in subsection 11

of section 57-15-06.7, but any tax levied under this section does not apply to

property that lies within the boundaries of a city having a noxious weed control

program under this chapter. In the year for which the levy is sought, a county

weed board seeking approval of a property tax levy under this chapter must file

with the county auditor, at a time and in a format prescribed by the county auditor,

a financial report for the preceding calendar year showing the ending balances of

each fund held by the county weed board during that year.

b. The board of county commissioners may levy the taxes authorized by this

subsection and shall place those moneys in a separate fund designated as the

weed control fund, which may be used to pay the expenses authorized under this

section.

3. For purposes of this section, the expenses of a county noxious weed control program

include compensation for and the reimbursement of expenses incurred by the county

weed board, the county weed control officer and other employees of the board, and

expenses incurred as authorized by this chapter.
N.D. Cent. Code § 4.1-52-07 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-07
4.1-52-07. Seed commission - Powers
Status: in_force

4.1-52-07. Seed commission - Powers

The seed commission may:

1. Establish branch offices and laboratories at locations in this state, other than the

campus of North Dakota state university, if the seed commissioner determines that the

offices and laboratories are necessary to carry out the duties of the seed commission,

the seed commissioner, or the seed department;

2. Dismiss the seed commissioner for cause;

3. Appoint an acting seed commissioner if the position becomes vacant; and

4. Engage in efforts to promote and market certified seed produced in this state.
N.D. Cent. Code § 4.1-16-12 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-12
4.1-16-12. Agriculture commissioner - Powers
Status: in_force

4.1-16-12. Agriculture commissioner - Powers

The agriculture commissioner may:

1. Assist farmers in identifying beekeepers who provide pollination services; and

2. Enter upon private land during daylight hours, for the purpose of enforcing this chapter.

Except when conducting an inspection in accordance with section 4.1-16-13, the

commissioner shall first make a good faith effort to notify the owner of the land or a

lessee regarding the entry.
N.D. Cent. Code § 41-02-14 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-14
41-02-14. (2-207) Additional terms in acceptance or confirmation
Status: in_force

41-02-14. (2-207) Additional terms in acceptance or confirmation

1. A definite and seasonable expression of acceptance or a written confirmation which is

sent within a reasonable time operates as an acceptance even though it states terms

additional to or different from those offered or agreed upon, unless acceptance is

expressly made conditional on assent to the additional or different terms.

2. The additional terms are to be construed as proposals for addition to the contract.

Between merchants such terms become part of the contract unless:

a. The offer expressly limits acceptance to the terms of the offer;

b. They materially alter it; or

c. Notification of objection to them has already been given or is given within a

reasonable time after notice of them is received.

3. Conduct by both parties which recognizes the existence of a contract is sufficient to

establish a contract for sale although the writings of the parties do not otherwise

establish a contract. In such case the terms of the particular contract consist of those

terms on which the writings of the parties agree, together with any supplementary

terms incorporated under any other provisions of this title.
N.D. Cent. Code § 4.1-25-23 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-23
4.1-25-23. Commissioner to investigate complaint
Status: in_force

4.1-25-23. Commissioner to investigate complaint

The commissioner shall investigate any complaint claiming any provision of this chapter or

the rules of the commissioner have been violated. If the commissioner finds a provision of this

chapter or the rules of the commissioner have been violated, the commissioner may take any

action deemed appropriate.
N.D. Cent. Code § 4.1-73-10 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-10
4.1-73-10. Expiration of brands
Status: in_force

4.1-73-10. Expiration of brands

On January 1, 2016, and every five years thereafter, each livestock brand recorded in this

state expires, unless:

1. The brand was issued within the six-month period immediately preceding the date of

expiration; or

2. The brand has been rerecorded in accordance with this chapter.
N.D. Cent. Code § 41-04.1-01 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-01
41-04.1-01. (4A-101) Short title
Status: in_force

41-04.1-01. (4A-101) Short title

This chapter may be cited as Uniform Commercial Code - Funds Transfers.
N.D. Cent. Code § 41-02.1-76 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-76
41-02.1-76. (2A-528) Lessor's damages for nonacceptance, failure to pay, repudiation, or other default
Status: in_force

41-02.1-76. (2A-528) Lessor's damages for nonacceptance, failure to pay, repudiation,

or other default.

1. Except as otherwise provided with respect to damages liquidated in the lease

agreement (section 41-02.1-52) or determined by agreement of the parties (sections

41-01-16 and 41-02.1-51), if a lessor elects to retain the goods or a lessor elects to

dispose of the goods and disposition is by lease agreement that for any reason does

not qualify for treatment under subsection 2 of section 41-02.1-75, or is by sale or

otherwise, the lessor may recover from the lessee as damages for a default described

in subsection 1 of section 41-02.1-71 or in subdivision a of subsection 3 of section

41-02.1-71, or, if agreed, for other default of the lessee accrued and unpaid rent as of

the date of default if the lessee has never taken possession of the goods, or if the

lessee has taken possession of the goods, as of the date the lessor repossesses the

goods or an earlier date on which the lessee makes a tender of the goods to the

lessor; the present value, as of the same date, of the total rent for the then remaining

lease term of the original lease agreement minus the present value, as of the same

date, of the rent under the new lease agreement applicable to that period of the new

lease term which is comparable to the then remaining term of the original lease

agreement; and any incidental damages allowed under section 41-02.1-78, less

expenses saved in consequence of the lessee's default.

2. If the measure of damages provided in subsection 1 is inadequate to put a lessor in as

good a position as performance would have, the measure of damages is the profit,

including reasonable overhead, the lessor would have made from full performance by

the lessee, together with any incidental damages allowed under section 41-02.1-78,

due allowance for costs reasonably incurred and due credit for payments or proceeds

of disposition.
N.D. Cent. Code § 4.1-83-21 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-21
4.1-83-21. Bond - Claim for relief
Status: in_force

4.1-83-21. Bond - Claim for relief

If a livestock dealer defaults in the provisions of any bond required by this chapter, the

livestock dealer is deemed to be insolvent within the meaning of this chapter. The claim for relief

for damages upon the bond, and the amount recovered in any claim for relief for the conversion

of livestock purchased by the livestock dealer while the license is in force and effect, constitutes

a trust fund in the hands of the agriculture commissioner for all persons having a claim for relief

against the livestock dealer on the bond.
N.D. Cent. Code § 41-02-51 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-51
41-02-51. (2-503) Manner of seller's tender of delivery
Status: in_force

41-02-51. (2-503) Manner of seller's tender of delivery

1. Tender of delivery requires that the seller put and hold conforming goods at the buyer's

disposition and give the buyer any notification reasonably necessary to enable the

buyer to take delivery. The manner, time, and place for tender are determined by the

agreement and this chapter, and in particular:

a. Tender must be at a reasonable hour and, if it is of goods, they must be kept

available for the period reasonably necessary to enable the buyer to take

possession; but

b. Unless otherwise agreed, the buyer must furnish facilities reasonably suited to

the receipt of the goods.

2. If the case is within section 41-02-52 respecting shipment, tender requires that the

seller comply with its provisions.

3. If the seller is required to deliver at a particular destination, tender requires that the

seller comply with subsection 1 and also in any appropriate case tender documents as

described in subsections 4 and 5.

4. If goods are in the possession of a bailee and are to be delivered without being

moved:

a. Tender requires that the seller either tender a negotiable document of title

covering such goods or procure acknowledgment by the bailee of the buyer's

right to possession of the goods; but

b. Tender to the buyer of a non-negotiable document of title or of a record directing

the bailee to deliver is sufficient tender unless the buyer seasonably objects and,

except as otherwise provided under chapter 41-09, receipt by the bailee of

notification of the buyer's rights fixes those rights as against the bailee and all

third persons but risk of loss of the goods and of any failure by the bailee to honor

the non-negotiable document of title or to obey the direction remains on the seller

until the buyer has had a reasonable time to present the document or direction

and a refusal by the bailee to honor the document or to obey the direction defeats

the tender.

5. If the contract requires the seller to deliver documents:

a. The seller must tender all such documents in correct form, except as provided in

this chapter with respect to bills of lading in a set (subsection 2 of section

41-02-40); and

b. Tender through customary banking channels is sufficient and dishonor of a draft

accompanying or associated with the documents constitutes nonacceptance or

rejection.
N.D. Cent. Code § 41-02.1-47 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-47
41-02.1-47. (2A-406) Procedure on excused performance
Status: in_force

41-02.1-47. (2A-406) Procedure on excused performance

1. If the lessee receives notification of a material or indefinite delay or an allocation

justified under section 41-02.1-46, the lessee may by written notification to the lessor

as to any goods involved, and with respect to all of the goods if under an installment

lease contract the value of the whole lease contract is substantially impaired (section

41-02.1-58), either:

a. Terminate the lease contract (subsection 2 of section 41-02.1-53).

b. Except in a finance lease that is not a consumer lease, modify the lease contract

by accepting the available quote in substitution, with due allowance from the rent

payable for the balance of the lease term for the deficiency but without further

right against the lessor.

2. If, after receipt of a notification from the lessor under section 41-02.1-46, the lessee

fails so to modify the lease agreement within a reasonable time not exceeding thirty

days, the lease contract lapses with respect to any deliveries affected.
N.D. Cent. Code § 4.1-02-06 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-06
4.1-02-06. Election costs - Responsibility
Status: in_force

4.1-02-06. Election costs - Responsibility

All costs of holding county and district elections are the responsibility of the council.
N.D. Cent. Code § 4.1-12-05 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-05
4.1-12-05. Submission of assessments - Civil penalty
Status: in_force

4.1-12-05. Submission of assessments - Civil penalty

1. A processor shall submit all assessments collected under this chapter to the

commissioner within thirty days after the conclusion of each calendar quarter.

2. If a processor fails to submit the assessments 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 § 41-09-32 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-32
41-09-32. (9-312) Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, money, and uncertificated certificates of deposit - Perfection by permissive filing - Temporary perfection without filing or transfer of possession
Status: in_force

41-09-32. (9-312) Perfection of security interests in chattel paper, controllable

accounts, controllable electronic records, controllable payment intangibles, deposit

accounts, documents, goods covered by documents, instruments, investment property,

letter-of-credit rights, money, and uncertificated certificates of deposit - Perfection by

permissive filing - Temporary perfection without filing or transfer of possession.

1. A security interest in chattel paper, controllable accounts, controllable electronic

records, controllable payment intangibles, instruments, investment property, or

negotiable documents may be perfected by filing.

2. Except as otherwise provided in subsections 3 and 4 of section 41-09-35 for proceeds:

a. A security interest in a deposit account or an uncertificated certificate of deposit

may be perfected only by control under section 41-09-34;

b. Except as otherwise provided in subsection 4 of section 41-09-28, a security

interest in a letter-of-credit right may be perfected only by control under section

41-09-34;

c. A security interest in tangible money or a certificated certificate of deposit may be

perfected only by the secured party's taking possession under section 41-09-33;

and

d. A security interest in electronic money may be perfected only by control under

section 41-09-34.

3. While goods are in the possession of a bailee that has issued a negotiable document

covering the goods:

a. A security interest in the goods may be perfected by perfecting a security interest

in the document; and

b. A security interest perfected in the document has priority over any security

interest that becomes perfected in the goods by another method during that time.

4. While goods are in the possession of a bailee that has issued a non-negotiable

document covering the goods, a security interest in the goods may be perfected by:

a. Issuance of a document in the name of the secured party;

b. The bailee's receipt of notification of the secured party's interest; or

c. Filing as to the goods.

5. A security interest in certificated certificates of deposit, certificated securities,

negotiable documents, or instruments is perfected without filing or the taking of

possession or control for a period of twenty days from the time it attaches to the extent

that it arises for new value given under a signed security agreement.

6. A perfected security interest in a negotiable document or goods in possession of a

bailee, other than one that has issued a negotiable document for the goods, remains

perfected for twenty days without filing if the secured party makes available to the

debtor the goods or documents representing the goods for the purpose of:

a. Ultimate sale or exchange; or

b. Loading, unloading, storing, shipping, trans-shipping, manufacturing, processing,

or otherwise dealing with them in a manner preliminary to their sale or exchange.

7. A perfected security interest in a certificated certificate of deposit, certificated security,

or instrument remains perfected for twenty days without filing if the secured party

delivers the security certificate, certificated certificate of deposit, or instrument to the

debtor for the purpose of:

a. Ultimate sale or exchange; or

b. Presentation, collection, enforcement, renewal, or registration of transfer.

8. After the twenty-day period specified in subsection 5, 6, or 7 expires, perfection

depends upon compliance with this chapter.
N.D. Cent. Code § 41-03-03 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-03
41-03-03. (3-103) Definitions
Status: reserved

41-03-03. (3-103) Definitions

1. In this chapter:

a. "Acceptor" means a drawee that has accepted a draft.

b. "Drawee" means a person ordered in a draft to make payment.

c. "Drawer" means a person who signs or is identified in a draft as a person

ordering payment.

d. Reserved.

e. "Maker" means a person who signs or is identified in a note as promisor of

payment.

f. "Order" means a written instruction to pay money signed by the person giving the

instruction. The instruction may be addressed to any person, including the person

giving the instruction, or to one or more persons jointly or in the alternative but not

in succession. An authorization to pay is not an order unless the person

authorized to pay is also instructed to pay.

g. "Ordinary care" in the case of a person engaged in business means observance

of reasonable commercial standards prevailing in the area in which that person is

located with respect to the business in which that person is engaged. In the case

of a bank that takes an instrument for processing for collection or payment by

automated means, reasonable commercial standards do not require the bank to

examine the instrument if the failure to examine does not violate the bank's

prescribed procedures and the bank's procedures do not vary unreasonably from

general banking usage not disapproved by this chapter or chapter 41-04.

h. "Party" means a party to an instrument.

i. "Promise" means a written undertaking to pay money signed by the person

undertaking to pay. An acknowledgment of an obligation by the obligor is not a

promise unless the obligor also undertakes to pay the obligation.

j. "Prove" with respect to a fact means to meet the burden of establishing the fact

(subdivision h of subsection 2 of section 41-01-09).

k. "Remitter" means a person who purchases an instrument from its issuer if the

instrument is payable to an identified person other than the purchaser.

2. Other definitions applying to this chapter and the sections in which they appear are:

a. "Acceptance". Section 41-03-46.

b. "Accommodated party". Section 41-03-56.

c. "Accommodation party". Section 41-03-56.

d. "Alteration". Section 41-03-44.

e. "Anomalous endorsement". Section 41-03-24.

f. "Blank endorsement". Section 41-03-24.

g. "Cashier's check". Section 41-03-04.

h. "Certificate of deposit". Section 41-03-04.

i. "Certified check". Section 41-03-46.

j. "Check". Section 41-03-04.

k. "Consideration". Section 41-03-29.

l. "Demand draft". Section 41-03-04.

m. "Draft". Section 41-03-04.

n. "Endorsement". Section 41-03-23.

o. "Endorser". Section 41-03-23.

p. "Fiduciary". Section 41-03-33.

q. "Holder in due course". Section 41-03-28.

r. "Incomplete instrument". Section 41-03-15.

s. "Instrument". Section 41-03-04.

t. "Issue". Section 41-03-05.

u. "Issuer". Section 41-03-05.

v. "Negotiable instrument". Section 41-03-04.

w. "Negotiation". Section 41-03-20.

x. "Note". Section 41-03-04.

y. "Payable at a definite time". Section 41-03-08.

z. "Payable on demand". Section 41-03-08.

aa. "Payable to bearer". Section 41-03-09.

bb. "Payable to order". Section 41-03-09.

cc. "Payment". Section 41-03-64.

dd. "Person entitled to enforce". Section 41-03-27.

ee. "Presentment". Section 41-03-58.

ff. "Reacquisition". Section 41-03-26.

gg. "Represented person". Section 41-03-33.

hh. "Special endorsement". Section 41-03-24.

ii. "Teller's check". Section 41-03-04.

jj. "Transfer of instrument". Section 41-03-22.

kk. "Traveler's check". Section 41-03-04.

ll. "Value". Section 41-03-29.

3. The following definitions in other chapters apply to this chapter:

a. "Bank". Section 41-04-05.

b. "Banking day". Section 41-04-04.

c. "Clearinghouse". Section 41-04-04.

d. "Collecting bank". Section 41-04-05.

e. "Customer". Section 41-04-04.

f. "Depositary bank". Section 41-04-05.

g. "Documentary draft". Section 41-04-04.

h. "Intermediary bank". Section 41-04-05.

i. "Item". Section 41-04-04.

j. "Payor bank". Section 41-04-05.

k. "Suspends payments". Section 41-04-04.

4. In addition, chapter 41-01 contains general definitions and principles of construction

and interpretation applicable throughout this chapter.
N.D. Cent. Code § 4.1-53-14 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-14
4.1-53-14. Agricultural seed - Label requirements - Treated seed
Status: in_force

4.1-53-14. Agricultural seed - Label requirements - Treated seed

1. In addition to any other requirements set forth in this chapter, if the seed has been

treated, the label must indicate that the treatment has occurred and must include the

commonly accepted, coined, chemical, or abbreviated chemical name of the

substance used in the treatment.

a. 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.

b. 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.

c. 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 for use

on that particular seed.

2. The information required by this section may be placed on a separate label.
N.D. Cent. Code § 4.1-27-07 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-07
4.1-27-07. Investigation of auction market - Hearing to determine whether license should be issued or revoked
Status: in_force

4.1-27-07. Investigation of auction market - Hearing to determine whether license

should be issued or revoked.

1. The commissioner, upon the commissioner's own motion or upon a complaint by any

person, may enter an investigation of the sales and transactions of any livestock

auction market and of the conditions under which the business of the livestock auction

market is conducted. The commissioner may conduct a hearing to determine whether

the license of any auction market should be revoked or whether the application of the

owner or operator of a livestock auction market for an original or renewal license

should be denied.

2. The commissioner shall conduct an investigation of an alleged violation of this chapter

when:

a. A complaint, allegation, or order to show cause, alleging an act which would

constitute a violation of this chapter, is filed by the packers and stockyards

administration of the United States;

b. The commissioner has information sufficient to form a reasonable belief that a

violation of this chapter has occurred; or

c. The commissioner has received a sworn statement, affidavit, or other evidence

from any person alleging a violation of this chapter.

3. The commissioner shall conduct a hearing to determine whether a violation has

occurred when, pursuant to an investigation, probable cause exists that a violation of

this chapter has occurred.

4. The commissioner shall conduct an audit, or cause an audit to be conducted, when

probable cause exists that any livestock auction market has violated any of the

financial provisions of this chapter, when it reasonably appears that the liabilities of the

livestock auction market exceed its assets, or when the auction market has refused to

pay a proper claim without reasonable cause.
N.D. Cent. Code § 41-07-03 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-03
41-07-03. (7-103) Relation of chapter to treaty or statute
Status: in_force

41-07-03. (7-103) Relation of chapter to treaty or statute

1. This chapter is subject to any treaty or statute of the United States or regulatory

statute of this state to the extent the treaty, statute, or regulatory statute is applicable.

2. This chapter does not modify or repeal any law prescribing the form or content of a

document of title or the services or facilities to be afforded by a bailee, or otherwise

regulating a bailee's business in respects not specifically treated in this chapter.

However, violation of such a law does not affect the status of a document of title that

otherwise is within the definition of a document of title.

3. This chapter modifies, limits, and supersedes the federal Electronic Signatures in

Global and National Commerce Act [Pub. L. 106-229; 114 Stat. 464; 15 U.S.C. 7001

et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C.

7001(c)] or authorize electronic delivery of any of the notices described in

section 103(b) of that Act [15 U.S.C. 7003(b)].

4. To the extent there is a conflict between chapter 9-16 and this chapter, this chapter

governs.
N.D. Cent. Code § 4.1-33-08 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-08
4.1-33-08. Expiration of certification - Renewal
Status: in_force

4.1-33-08. Expiration of certification - Renewal

A certificate issued under section 4.1-33-07 expires as of the first day of April following two

years from the date of issuance. A certificate is renewable every three years on April first. A

certificate may be renewed upon completion of a seminar approved by the board or upon

successfully completing an examination required by the board, or both, if required by the board.

The board shall require a person holding a current valid certificate to take an examination within

the three-year period if the board determines additional knowledge related to classifications for

which the applicant has applied makes a new examination necessary or that a new evaluation is

necessary to assure a continuing level of competence and ability to safely and properly use

pesticides.
N.D. Cent. Code § 4.1-20-29 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-29
4.1-20-29. Regulations to be uniform - Copies furnished in district
Status: in_force

4.1-20-29. Regulations to be uniform - Copies furnished in district

Land use regulations must be uniform throughout the district except that the supervisors

may classify the lands within the district with reference to such factors as soil type, degree of

slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other

relevant factors, and may provide regulations varying with the type or class of land affected but

uniform as to all lands within each class or type. Copies of land use regulations adopted under

this chapter must be printed and made available to all qualified electors living within the district.
N.D. Cent. Code § 41-09-94 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-94
41-09-94. (9-523) Information from filing office - Sale or license of records
Status: in_force

41-09-94. (9-523) Information from filing office - Sale or license of records

1. Any person may request electronically an acknowledgment of a filing. The central

indexing system shall provide to the person detailed information and an image of the

record, if not filed electronically, showing the number assigned to the record pursuant

to subdivision a of subsection 1 of section 41-09-90 and the date and time of the filing

of the record.

2. The central indexing system shall communicate electronically the following information

to any person that requests it:

a. Whether there is on file on a date and time specified by the central indexing

system, any statement of an agricultural lien created under chapter 35-17, 35-30,

or 35-31 or any financing statement that:

(1) Designates a particular debtor or, if the request so states, designates a

particular debtor at the address specified in the request;

(2) Has not lapsed under section 41-09-86 with respect to all secured parties of

record; and

(3) Effective January 1, 2002, if the request so states, has lapsed under section

41-09-86 and a record of which is maintained by the central indexing system

under subsection 1 of section 41-09-93;

b. The date and time of filing of each statement and each financing statement; and

c. The information provided in each statement and each financing statement.

3. If a request to the central indexing system cannot be automatically accepted, the

secretary of state shall perform the acts required by subsections 1 and 2 not later than

two business days after the central indexing system receives the request.

4. At least weekly, the secretary of state shall offer to sell or license to the public on a

nonexclusive basis, in bulk, detailed information of all records filed.
N.D. Cent. Code § 4.1-20-23 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-23
4.1-20-23. Supervisors may consult city or county representatives
Status: in_force

4.1-20-23. Supervisors may consult city or county representatives

The supervisors may invite the governing body of any city or county located within or near

the district to designate a representative to advise and consult with the supervisors on issues

that may affect the property, water supply, or other interests of the city or county.
N.D. Cent. Code § 4.1-58-46 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-46
4.1-58-46. Possession of grain
Status: in_force

4.1-58-46. Possession of grain

Upon the commissioner's appointment, the commissioner shall seek possession of the grain

to be included in the trust fund. Upon the commissioner's possession of any grain in the

warehouse, the commissioner shall sell the grain and apply the proceeds to the trust fund.
N.D. Cent. Code § 41-02-48 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-48
41-02-48. (2-403) Power to transfer - Good-faith purchase of goods - Entrusting
Status: in_force

41-02-48. (2-403) Power to transfer - Good-faith purchase of goods - Entrusting

1. A purchaser of goods acquires all title which the purchaser's transferor had or had

power to transfer except that a purchaser of a limited interest acquires rights only to

the extent of the interest purchased. A person with voidable title has power to transfer

a good title to a good-faith purchaser for value. When goods have been delivered

under a transaction of purchase, the purchaser has such power even though:

a. The transferor was deceived as to the identity of the purchaser;

b. The delivery was in exchange for a check which is later dishonored;

c. It was agreed that the transaction was to be a "cash sale"; or

d. The delivery was procured through fraud punishable as theft under chapter

12.1-23.

2. Any entrusting of possession of goods to a merchant who deals in goods of that kind

gives the merchant power to transfer all rights of the entruster to a buyer in ordinary

course of business.

3. "Entrusting" includes any delivery and any acquiescence in retention of possession

regardless of any condition expressed between the parties to the delivery of

acquiescence and regardless of whether the procurement of the entrusting or the

possessor's disposition of the goods have been such as to be theft under chapter

12.1-23.

4. The rights of other purchasers of goods and of lien creditors are governed by the

chapters on secured transactions (chapter 41-09) and documents of title (chapter

41-07).
N.D. Cent. Code § 41-09-59 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-59
41-09-59. (9-339) Priority subject to subordination
Status: in_force

41-09-59. (9-339) Priority subject to subordination

This chapter does not preclude subordination by agreement by a person entitled to priority.
N.D. Cent. Code § 41-02-92 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-92
41-02-92. (2-713) Buyer's damages for nondelivery or repudiation
Status: in_force

41-02-92. (2-713) Buyer's damages for nondelivery or repudiation

1. Subject to the provisions of this chapter with respect to proof of market price (section

41-02-102), the measure of damages for nondelivery or repudiation by the seller is the

difference between the market price at the time when the buyer learned of the breach

and the contract price together with any incidental and consequential damages

provided in this chapter (section 41-02-94), but less expenses saved in consequence

of the seller's breach.

2. Market price is to be determined as of the place for tender or, in cases of rejection

after arrival or revocation of acceptance, as of the place of arrival.
N.D. Cent. Code § 41-09-138 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-138
41-09-138. (9-808) Person entitled to file initial financing statement or continuation statement
Status: in_force

41-09-138. (9-808) Person entitled to file initial financing statement or continuation

statement.

A person may file an initial financing statement or a continuation statement under sections

41-09-132 through 41-09-139 if:

1. The secured party of record authorizes the filing; and

2. The filing is necessary under sections 41-09-132 through 41-09-139:

a. To continue the effectiveness of a financing statement filed before this Act takes

effect; or

b. To perfect or continue the perfection of a security interest.
N.D. Cent. Code § 41-02-23 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-23
41-02-23. (2-306) Output, requirements, and exclusive dealings
Status: in_force

41-02-23. (2-306) Output, requirements, and exclusive dealings

1. A term which measures the quantity by the output of the seller or the requirements of

the buyer means such actual output or requirements as may occur in good faith,

except that no quantity unreasonably disproportionate to any stated estimate or in the

absence of a stated estimate to any normal or otherwise comparable prior output or

requirements may be tendered or demanded.

2. A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of

goods concerned imposes, unless otherwise agreed, an obligation by the seller to use

best efforts to supply the goods and by the buyer to use best efforts to promote their

sale.
N.D. Cent. Code § 4.1-36-04 — ND Code / Title 4.1 / Chapter 4.1-36 / Section 4.1-36-04
4.1-36-04. Report on pesticide container disposal program
Status: in_force

4.1-36-04. Report on pesticide container disposal program

The agriculture commissioner shall submit a biennial report to a joint meeting of the house

of representatives and senate agriculture committees on the status of the pesticide container

disposal program.
N.D. Cent. Code § 41-09-96 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-96
41-09-96. (9-525) Fees
Status: in_force

41-09-96. (9-525) Fees

1. The fee for filing and indexing an original statement under this title is forty dollars. An

additional fee may not be charged for the same statement to gain protection under the

central notice system.

2. The fee for filing and indexing an amendment, assignments, releases, or correction

statements under this title is forty dollars. An additional fee may not be charged for the

same document to gain protection under the central notice system.

3. The fee for filing and indexing a continuation under this title is thirty dollars. An

additional fee may not be charged for the same document to gain protection under the

central notice system.

4. A fee may not be charged for a central indexing system response to an electronic

request for:

a. Information from the central indexing system communicating whether there is on

file any financing statement or statement naming a particular debtor.

b. Information on specific filings on a particular debtor.

c. Copies of each filing on a particular debtor.

d. Certified copies of filings on a particular debtor.

5. The fee for a central indexing response providing information on specific filings

submitted by a particular secured party is five hundred dollars.

6. Any fees collected by the secretary of state pursuant to this chapter and all other

filings entered into the central indexing system must be deposited in the general fund

in the state treasury, with the exception of the fees collected under subsection 4 of

section 41-09-94, subsection 5, and a portion of the filing fees specifically identified in

section 54-09-11, which must be deposited in the secretary of state's general services

operating fund.
N.D. Cent. Code § 4.1-16-13 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-13
4.1-16-13. Agriculture commissioner - Inspection of apiary - Issuance of certificate
Status: in_force

4.1-16-13. Agriculture commissioner - Inspection of apiary - Issuance of certificate

At the request of a beekeeper, the agriculture commissioner shall inspect an apiary for the

purpose of issuing a certificate of inspection or other official document or validation. The

commissioner may charge a fee to cover the costs of inspecting an apiary under this section.
N.D. Cent. Code § 4.1-59-05 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-05
4.1-59-05. Grain marketing - Procedure for resolving disputes
Status: in_force

4.1-59-05. Grain marketing - Procedure for resolving disputes

1. If a dispute or disagreement arises between the person receiving and the person

delivering grain as to the proper grade, dockage, vomitoxin level, moisture content, or

protein content of any grain, an average sample of at least three pints [1.65 liters] of

the grain in dispute may be taken together by both interested parties.

a. The sample must be certified by each party as a true and representative sample

of the grain in dispute on the day the grain was transferred.

b. The sample must be forwarded in a suitable container by parcel post or express,

prepaid with the name and address of both parties for inspection by a federal

licensed inspector, or a mutually agreed-upon third party, that may examine the

grain and adjudge what grade, dockage, vomitoxin level, moisture content, or

protein content the sample of grain is entitled to under the inspection rules and

grades adopted by the secretary of agriculture of the United States.

c. The person requesting the inspection service shall pay for the inspection.

d. If the grain in question is damp, otherwise out of condition, or if moisture content

is in dispute, the sample must be placed in an airtight container.

e. Payment for the grain involved in the dispute must be made and accepted on the

basis of the determination made by the federal licensed inspector or third party.

All quality factors also may be considered in determining the price of the grain.

f. An appeal of the determination made by a third party other than a federal

licensed inspector may be made to a federal licensed inspector.

g. An appeal of the determination made by a federal licensed inspector may be

made as provided under the United States Grain Standards Act [Pub. L. 103-354;

108 Stat. 3237; 7 U.S.C. 79(c) and (d)] and under 7 CFR 800.125-800.140.

h. A person not abiding by a final determination is liable for damage resulting from

not abiding by the determination.

2. If a dispute or disagreement arises between the person delivering grain and the

person receiving grain as to the determination of quality factors of grain purchased or

delivered in the state for which inspection rules and grades have not been adopted by

the secretary of agriculture of the United States, an average sample of at least three

pints [1.65 liters] of the grain in dispute may be taken together by the interested

parties.

a. The sample must be certified by each party as a true and representative sample

of the grain in dispute on the day the grain was transferred.

b. If the grain is damp or otherwise out of condition, the sample must be placed in

an airtight container.

c. The sample must be forwarded in a suitable container by parcel post or express,

prepaid with the name and address of both parties, for inspection by a federal

licensed inspector, or a mutually agreed-upon third party, that may examine the

grain and determine the quality factors in dispute.

d. The person requesting the inspection service shall pay for the inspection.

e. The determination made by the inspector, or the third party, must be used in the

settlement of the dispute.
N.D. Cent. Code § 4.1-60-01 — ND Code / Title 4.1 / Chapter 4.1-60 / Section 4.1-60-01
4.1-60-01. Public elevators and warehouses - Commissioner may require uniform accounting system
Status: in_force

4.1-60-01. Public elevators and warehouses - Commissioner may require uniform

accounting system.

The commissioner may require every association, copartnership, corporation, or limited

liability company conducting a public elevator or warehouse in this state to adopt a uniform

accounting system established by the commissioner.
N.D. Cent. Code § 41-03-30 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-30
41-03-30. (3-304) Overdue instrument
Status: in_force

41-03-30. (3-304) Overdue instrument

1. An instrument payable on demand becomes overdue at the earliest of the following

times:

a. On the day after the day demand for payment is duly made.

b. If the instrument is a check, ninety days after its date.

c. If the instrument is not a check, when the instrument has been outstanding for a

period of time after its date which is unreasonably long under the circumstances

of the particular case in light of the nature of the instrument and trade usage.

2. With respect to an instrument payable at a definite time, the following rules apply:

a. If the principal is payable in installments and a due date has not been

accelerated, the instrument becomes overdue upon default under the instrument

for nonpayment of an installment, and the instrument remains overdue until the

default is cured.

b. If the principal is not payable in installments and the due date has not been

accelerated, the instrument becomes overdue on the day after the due date.

c. If a due date with respect to principal has been accelerated, the instrument

becomes overdue on the day after the accelerated due date.

3. Unless the due date of principal has been accelerated, an instrument does not

become overdue if there is default in payment of interest but no default in payment of

principal.
N.D. Cent. Code § 4.1-03-10 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-10
4.1-03-10. Commission - Duties
Status: in_force

4.1-03-10. Commission - Duties

The commission shall:

1. Establish and maintain an office centrally located within this state;

2. Keep accurate records of all assessments and other financial transactions under this

chapter; and

3. 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, as well as participation in programs under the auspices of state,

regional, national, and international organizations.
N.D. Cent. Code § 41-07-29 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-29
41-07-29. (7-404) No liability for good-faith delivery pursuant to document of title
Status: in_force

41-07-29. (7-404) No liability for good-faith delivery pursuant to document of title

A bailee that in good faith has received goods and delivered or otherwise disposed of the

goods according to the terms of a document of title or pursuant to this chapter is not liable for

the goods even if:

1. The person from which the bailee received the goods did not have authority to procure

the document or to dispose of the goods; or

2. The person to which the bailee delivered the goods did not have authority to receive

the goods.
N.D. Cent. Code § 4.1-39-01 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-01
4.1-39-01. Crop protection product harmonization and registration board - Recovery of funds
Status: in_force

4.1-39-01. Crop protection product harmonization and registration board - Recovery

of funds.

The crop protection product harmonization and registration board may accept funds for

expenses paid relating to the registration of pesticides or donations offered to or for the benefit

of the board. All moneys received under this section must be deposited in the minor use

pesticide fund to pay expenses relating to the registration of pesticides or for the specific

purpose for which they are given. Whenever possible, the board shall attempt to recover funds

expended relating to the registration of pesticide. The board shall adopt rules to administer this

section.
N.D. Cent. Code § 41-05-06 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-06
41-05-06. (5-106) Issuance - Amendment - Cancellation - Duration
Status: in_force

41-05-06. (5-106) Issuance - Amendment - Cancellation - Duration

1. A letter of credit is issued and becomes enforceable according to its terms against the

issuer when the issuer sends or otherwise transmits it to the person requested to

advise or to the beneficiary. A letter of credit is revocable only if it so provides.

2. After a letter of credit is issued, rights and obligations of a beneficiary, applicant,

confirmer, and issuer are not affected by an amendment or cancellation to which that

person has not consented except to the extent the letter of credit provides that it is

revocable or that the issuer may amend or cancel the letter of credit without that

consent.

3. If there is no stated expiration date or other provision that determines its duration, a

letter of credit expires one year after its stated date of issuance or, if none is stated,

after the date on which it is issued.

4. A letter of credit that states that it is perpetual expires five years after its stated date of

issuance, or if none is stated, after the date on which it is issued.
N.D. Cent. Code § 41-02-88 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-88
41-02-88. (2-709) Action for the price
Status: in_force

41-02-88. (2-709) Action for the price

1. When the buyer fails to pay the price as it becomes due, the seller may recover,

together with any incidental damages under section 41-02-89, the price:

a. Of goods accepted or of conforming goods lost or damaged within a commercially

reasonable time after risk of their loss has passed to the buyer; and

b. Of goods identified to the contract if the seller is unable after reasonable effort to

resell them at a reasonable price or the circumstances reasonably indicate that

such effort will be unavailing.

2. When the seller sues for the price, the seller must hold for the buyer any goods which

have been identified to the contract and are still in the seller's control except that if

resale becomes possible the seller may resell them at any time prior to the collection

of the judgment. The net proceeds of any such resale must be credited to the buyer

and payment of the judgment entitles the buyer to any goods not resold.

3. After the buyer has wrongfully rejected or revoked acceptance of the goods or has

failed to make a payment due or has repudiated (section 41-02-73), a seller who is

held not entitled to the price under this section shall nevertheless be awarded

damages for nonacceptance under section 41-02-87.
N.D. Cent. Code § 41-03-57 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-57
41-03-57. (3-420) Conversion of instrument
Status: in_force

41-03-57. (3-420) Conversion of instrument

1. The law applicable to conversion of personal property applies to instruments. An

instrument is also converted if it is purchased from a person not entitled to enforce the

instrument or a bank makes or obtains payment with respect to the instrument for a

person not entitled to enforce the instrument or receive payment. An action for

conversion of an instrument may not be brought by the issuer or acceptor of the

instrument or by a payee or endorsee who did not receive delivery of the instrument

either directly or through delivery to an agent or a copayee.

2. In an action under subsection 1, the measure of liability is presumed to be the amount

payable on the instrument, but recovery may not exceed the amount of the plaintiff's

interest in the instrument.

3. A representative, other than a depositary bank, that has in good faith dealt with an

instrument or its proceeds on behalf of one who was not the person entitled to enforce

the instrument is not liable in conversion to that person beyond the amount of any

proceeds that it has not paid out.
N.D. Cent. Code § 4.1-44-03 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-03
4.1-44-03. Agricultural commodity assessments funds - Investment income allocation
Status: in_force

4.1-44-03. Agricultural commodity assessments funds - Investment income

allocation.

1. Notwithstanding any other provision of law, the state treasurer shall invest in

accordance with section 21-10-07 all available moneys in:

a. The potato fund;

b. The oilseed fund;

c. The dry bean fund;

d. The dry pea and lentil fund;

e. The barley fund;

f. The corn fund;

g. The honey fund;

h. The turkey fund;

i. The milk marketing fund;

j. The dairy promotion commission fund;

k. The state wheat commission fund;

l. The ethanol fund; and

m. The North Dakota beef commission fund.

2. The investment of moneys must be made in cooperation with the governing body of

the respective agricultural commodity entity. The state treasurer shall establish rules,

in cooperation with the agricultural commodity organizations, to be followed regarding

the investment of moneys in each fund. The state treasurer shall credit twenty percent

of the investment income derived from each fund to the general fund in the state

treasury as payment for accounting, printing, data processing, legal, and other

services when provided without cost by the state to the agricultural commodity entity.

The state treasurer shall credit eighty percent of the investment income derived from

each fund to the respective fund.
N.D. Cent. Code § 41-02.1-30 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-30
41-02.1-30. (2A-221) Casualty to identified goods
Status: in_force

41-02.1-30. (2A-221) Casualty to identified goods

If a lease contract requires goods identified when the lease contract is made, and the goods

suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods

suffer casualty before risk of loss passes to the lessee under the lease agreement or section

41-02.1-28, then:

1. If the loss is total, the lease contract is avoided.

2. If the loss is partial or the goods have so deteriorated as to no longer conform to the

lease contract, the lessee may nevertheless demand inspection and at the lessee's

option either treat the lease contract as avoided or, except in a finance lease that is not

a consumer lease, accept the goods with due allowance from the rent payable for the

balance of the lease term for the deterioration or the deficiency in quantity but without

further right against the lessor.
N.D. Cent. Code § 4.1-59-29 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-29
4.1-59-29. Report of trustee - Approval - Distribution
Status: in_force

4.1-59-29. Report of trustee - Approval - Distribution

1. Upon the receipt and evaluation of claims, the commissioner shall file a report showing

the amount and validity of each claim after recognizing:

a. Relevant liens or pledges.

b. Relevant assignments.

c. Relevant deductions due to advances or offsets accrued in favor of the licensee.

d. Relevant cash claims or checks, the amount of the claim.

e. Relevant credit-sale contract or noncredit-sale contract, the amount remaining to

be paid based on the terms of the contract.

2. The report also must contain the proposed reimbursement to the commissioner for the

expenses of administering the insolvency, the proposed distribution of the trust fund

assets to receiptholders, less expenses incurred by the commissioner in the

administration of the insolvency, and the proposed credit-sale contract indemnity fund

payments to credit-sale contract claimants. If the trust fund is insufficient to redeem all

receiptholder claims in full, the report must list the funds as prorated.

3. The commissioner shall set a hearing and the appropriate notice for interested

persons to show cause why the commissioner's report should not be approved and

distribution of the trust fund be made as proposed. The commissioner shall serve

copies of the report and notice of hearing by certified mail upon the licensee and the

surety and by ordinary mail upon all persons having claims filed with the

commissioner.

4. An aggrieved person having an objection to the commissioner's report shall file the

objection with the commissioner and serve copies on the commissioner, the licensee,

and the surety at least twenty days before the hearing. Failure to file and serve

objections in the time set is a waiver of the objection.

5. Following the hearing, the commissioner shall approve or modify the report and issue

an order directing payment of the necessary bond proceeds, distribution of the trust

fund, payments from the credit-sale contract indemnity fund, and discharge of the

commissioner from the commissioner's trust.

6. If an aggrieved person still has objection with commissioner's report after hearing the

person may appeal to district court.
N.D. Cent. Code § 4.1-27-02 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-02
4.1-27-02. Premises excluded from application of chapter
Status: in_force

4.1-27-02. Premises excluded from application of chapter

The provisions of this chapter do not apply to:

1. Any place used solely for the dispersal sale of the livestock of a farmer, dairy producer,

livestock breeder, or feeder who is discontinuing the person's business.

2. The premises of any butcher, packer, or processor who receives animals exclusively

for immediate slaughter.

3. Any place where any individual or duly constituted association of breeders of livestock

of any class assembles and offers for sale and sells under the individual's or

association's management registered livestock or breeding sires owned by the

individual or members of the association if the individual or association:

a. Assumes all responsibility of the sale;

b. Guarantees title of the livestock; and

c. Makes proper provision for the inspection of all animals sold.

4. Any place where a duly constituted association of breeders of livestock of any class

assembles and offers for sale and sells under its management, at an annual

production sale not exceeding twenty-one calendar days, livestock raised or held for at

least one year by producers affiliated with the association, if the association:

a. Assumes all responsibility of the sale;

b. Guarantees title of the livestock; and

c. Makes proper provision for the inspection of all animals sold.
N.D. Cent. Code § 4.1-32-02 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-02
4.1-32-02. Inspection of rendering plant of applicant by state veterinarian
Status: in_force

4.1-32-02. Inspection of rendering plant of applicant by state veterinarian

The state veterinarian shall inspect an establishment for which a license is requested to

operate a rendering plant, including its equipment and vehicles and the manner in which its

business is conducted, with reference and due regard to the danger of animal disease

transmission and dissemination, upon the receipt of an application for a license to operate a

rendering plant or other establishment for processing the carcasses of domestic or wild animals,

not intended for human consumption.
N.D. Cent. Code § 41-02-05 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-05
41-02-05. (2-105) Commercial unit, goods, and lot defined - Transferability
Status: in_force

41-02-05. (2-105) Commercial unit, goods, and lot defined - Transferability

1. "Commercial unit" means such a unit of goods as by commercial usage is a single

whole for purposes of sale and division of which materially impairs its character or

value on the market or in use. A commercial unit may be a single article (as a

machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a

quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant

market as a single whole.

2. "Goods" means all things (including specially manufactured goods) which are movable

at the time of identification to the contract for sale other than the money in which the

price is to be paid, investment securities (chapter 41-08), and things in action. "Goods"

also includes the unborn young of animals and growing crops and other identified

things attached to realty as described in the section on goods to be severed from

realty (section 41-02-07).

3. Goods must be both existing and identified before any interest in them can pass.

Goods which are not both existing and identified are "future" goods. A purported

present sale of future goods or of any interest therein operates as a contract to sell.

4. There may be a sale of a part interest in existing identified goods.

5. An undivided share in an identified bulk of fungible goods is sufficiently identified to be

sold although the quantity of the bulk is not determined. Any agreed proportion of such

a bulk or any quantity thereof agreed upon by number, weight, or other measure may

to the extent of the seller's interest in the bulk be sold to the buyer who then becomes

an owner in common.

6. "Lot" means a parcel or a single article which is the subject matter of a separate sale

or delivery, whether or not it is sufficient to perform the contract.
N.D. Cent. Code § 4.1-73-09 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-09
4.1-73-09. Cancellation of brand
Status: in_force

4.1-73-09. Cancellation of brand

1. The chief brand inspector shall cancel a legally recorded brand if the chief brand

inspector:

a. Receives for filing a bill of sale for the brand, properly executed by the owner, as

shown in the records of the chief brand inspector;

b. Determines that the brand duplicates a previously recorded brand; or

c. Determines that the brand was obtained through fraud, misrepresentation, or

other illegal means.

2. The chief brand inspector may cancel a legally recorded brand if the chief brand

inspector determines that the brand has been recorded in another state.
N.D. Cent. Code § 4.1-31-06 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-06
4.1-31-06. Prohibitions
Status: in_force

4.1-31-06. Prohibitions

A person may not:

1. Slaughter an animal or prepare an article usable as human food at any establishment

preparing articles solely for intrastate commerce, unless the person complies with this

chapter;

2. Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate

commerce any article that is usable as human food and which is adulterated or

misbranded or any article that has not been inspected and passed under this chapter;

or

3. Alter an article that is usable as human food while the article is being transported in

intrastate commerce or held for sale after transportation, if the alteration is intended to

cause or has the effect of causing the article to be adulterated or misbranded.
N.D. Cent. Code § 4.1-57-16 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-16
4.1-57-16. Inspection of potatoes - Rights to demand certificate of inspection
Status: in_force

4.1-57-16. Inspection of potatoes - Rights to demand certificate of inspection

1. When potatoes are ready for sale or are on their way to market, the owner, conveyor,

prospective buyer, or any other interested party may demand and is entitled to

inspection of the potatoes and to an inspection certificate as provided by law.

2. Whenever potatoes are shipped to or received by a wholesale potato dealer for

handling, purchase, or sale in this state and the wholesale potato dealer finds the

potatoes to be spoiled, damaged, unmarketable, in unsatisfactory condition,

mislabeled, or misrepresented in any way, unless both parties waive inspection before

sale or other disposition, the wholesale potato dealer shall cause the potatoes to be

examined by an inspector assigned by the seed commissioner for that purpose. The

inspector shall execute and deliver a certificate to the wholesale potato dealer stating

the day, the time, and the place of inspection and the condition of the potatoes. The

wholesale potato dealer shall mail or deliver a copy of the certificate to the shipper of

the inspected potatoes.
N.D. Cent. Code § 4.1-59-08 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-08
4.1-59-08. Grain buyer license - How obtained - Fee - Penalty
Status: in_force

4.1-59-08. Grain buyer license - How obtained - Fee - Penalty

1. Grain buyers that purchase, solicit, merchandise, or take possession of grain in this

state shall obtain an annual license from the commissioner. Except as provided in this

section, each license expires on July thirty-first of each year. If a licensee's initial

license is issued effective after May thirty-first, that license expires on July thirty-first of

the following year. The annual license fee for a grain buyer is:

a. Four hundred dollars for a grain buyer that purchased up to one million dollars

worth of grain during the previous licensing period, or intends to purchase up to

one million dollars worth of grain during the first year of operation;

b. Eight hundred dollars for a grain buyer that purchased more than one million

dollars worth of grain but not more than ten million dollars worth of grain during

the previous licensing period, or intends to purchase more than one million

dollars worth of grain but not more than ten million dollars worth of grain during

the first year of operation; and

c. One thousand two hundred dollars for a grain buyer that purchased more than

ten million dollars worth of grain during the previous licensing period, or intends to

purchase more than ten million dollars worth of grain during the first year of

operation.

2. A license renewal application received after July fifteenth must be assessed an

additional one hundred dollar fee per receiving location.

3. A license issued under this section is not transferable.

4. The commissioner may refuse to issue or renew or may revoke a license:

a. If the licensee or applicant has been convicted of a criminal offense;

b. If the licensee or applicant has failed to comply with the requirements of this

section;

c. If the commissioner has evidence the licensee negotiated in bad faith; or

d. For any other reason as determined by the commissioner.

5. A licensed grain buyer shall submit a monthly report to the commissioner by the

tenth day of each month. The report must include the total value of each commodity

brokered in the preceding month.

6. A licensed grain buyer shall notify each potential commodity seller of the identity of the

potential commodity buyer before the final confirmation of the transaction.

7. Before a license is effective for a grain buyer, the licensee or applicant shall file a bond

with the commissioner for not less than one hundred thousand dollars.

8. A grain buyer must have the buyer's license in possession at all times.

9. A grain buyer that transacts business without first procuring a license and giving a

bond is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-09-81 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-81
41-09-81. (9-510) Effectiveness of filed record
Status: in_force

41-09-81. (9-510) Effectiveness of filed record

1. A filed record is effective only to the extent that it was filed by a person that may file it

under section 41-09-80.

2. A record authorized by one secured party of record does not affect the financing

statement with respect to another secured party of record.

3. A continuation statement that is not filed within the six-month period prescribed by

subsection 4 of section 41-09-86 is ineffective.
N.D. Cent. Code § 4.1-58-25 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-25
4.1-58-25. Records to be kept by public warehouseman
Status: in_force

4.1-58-25. Records to be kept by public warehouseman

1. A public warehouseman shall keep a record of all grain received, stored, and shipped,

stating the:

a. Weight.

b. Grade.

c. Dockage for dirt or other causes.

d. Name of owner.

e. Price paid.

f. Storage charge collected.

2. A warehouseman with a principal office or headquarters located outside this state shall

make available, if requested, all books, documents, and records relevant to a

warehouse in this state for inspection during ordinary business hours at any of the

warehouseman's warehouses located in this state or other mutually acceptable place.
N.D. Cent. Code § 4.1-20-09 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-09
4.1-20-09. Election - When held - Contents of ballot - Who may vote
Status: in_force

4.1-20-09. Election - When held - Contents of ballot - Who may vote

After the committee has determined the necessity for the organization of a district and has

defined the boundaries of the proposed district, the committee shall hold an election within the

proposed district upon the creation of the proposed district and shall cause due notice of the

election to be given. The question must be submitted by ballot in substantially the following

form:

Shall a soil conservation district be created embracing lands situated in the counties of

__________ and __________ and described as follows: (Here inserting description).

Yes ☐

No ☐

All qualified electors residing within the boundaries of the proposed district are entitled to vote in

the election.
N.D. Cent. Code § 4.1-73-20 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-20
4.1-73-20. False proof of ownership - Sale of livestock - Penalty
Status: in_force

4.1-73-20. False proof of ownership - Sale of livestock - Penalty

A person willfully providing false proof of ownership in conjunction with the sale of livestock

is guilty of a class B misdemeanor for a first offense and a class A misdemeanor for a second or

subsequent offense.
N.D. Cent. Code § 4.1-73-04 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-04
4.1-73-04. Brand inspection certificate
Status: in_force

4.1-73-04. Brand inspection certificate

Upon approving an application, the chief brand inspector shall provide a brand certificate to

the owner. The certificate is evidence of the brand's ownership.
N.D. Cent. Code § 4.1-20-07 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-07
4.1-20-07. Districts - Petition - Contents - More than one petition filed
Status: in_force

4.1-20-07. Districts - Petition - Contents - More than one petition filed

1. Any twenty-five qualified electors living within the limits of the area proposed to be

organized into a district may file a petition with the state soil conservation committee

asking that a soil conservation district be organized in the area described in the

petition. The petition must set forth:

a. The proposed name of the district.

b. The need for a soil conservation district to function in the area described in the

petition.

c. A description of the area proposed to be organized as a district.

d. A request that the state soil conservation committee duly define the boundaries

for the district, that an election be held within the defined area on the question of

the creation of a soil conservation district in that area, and that the committee

determine that such a district be created.

2. When more than one petition is filed covering parts of the same area, the state soil

conservation committee may consolidate all or any of such petitions.
N.D. Cent. Code § 4.1-83-01 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-01
4.1-83-01. Definition
Status: in_force

4.1-83-01. Definition

In this chapter, unless the context otherwise requires, "livestock dealer" means a person

that buys horses, mules, cattle, hogs, goats, or sheep from a producer or a livestock auction

market:

1. On the person's own account, more than once per year for the purpose of resale within

thirty days;

2. On commission; or

3. For slaughter.
N.D. Cent. Code § 4.1-22-02 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-02
4.1-22-02. Administration - Rulemaking authority
Status: in_force

4.1-22-02. Administration - Rulemaking authority

The commissioner shall administer this chapter. The commissioner may adopt rules under

chapter 28-32 to implement this chapter.
N.D. Cent. Code § 41-03-52 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-52
41-03-52. (3-415) Obligation of endorser
Status: in_force

41-03-52. (3-415) Obligation of endorser

1. Subject to subsections 2, 3, and 4 and to subsection 4 of section 41-03-56, if an

instrument is dishonored, an endorser is obliged to pay the amount due on the

instrument according to the terms of the instrument at the time it was endorsed or, if

the endorser endorsed an incomplete instrument, according to its terms when

completed as stated in sections 41-03-15 and 41-03-44. The obligation of the endorser

is owed to a person entitled to enforce the instrument or to a subsequent endorser that

paid the instrument pursuant to this section.

2. If an endorsement states that it is made "without recourse" or otherwise disclaims

liability of the endorser, the endorser is not liable under subsection 1 to pay the

instrument.

3. If notice of dishonor of an instrument is required by section 41-03-60 and notice of

dishonor complying with that section is not given to an endorser, the liability of the

endorser under subsection 1 is discharged.

4. If a draft is accepted by a bank after an endorsement is made, the liability of the

endorser under subsection 1 is discharged.

5. If an endorser of a check is liable under subsection 1 and the check is not presented

for payment or given to a depositary bank for collection within thirty days after the day

the endorsement was made, the liability of the endorser under subsection 1 is

discharged.
N.D. Cent. Code § 4.1-53-62 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-62
4.1-53-62. Seed department fund - Continuing appropriation
Status: repealed

4.1-53-62. Seed department fund - Continuing appropriation

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-56-02 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-02
4.1-56-02. Seed potato control area - Proposal - Notice of meeting
Status: in_force

4.1-56-02. Seed potato control area - Proposal - Notice of meeting

1. In order to form a seed potato control area, five individuals who own land within the

proposed area shall schedule and provide notice of a meeting that is open to all

landowners and occupants in the proposed area.

a. The notice must define the boundaries of the proposed seed potato control area.

b. The notice must be published at least twice, for two successive weeks, in the

official newspaper of each county containing land in the proposed seed potato

control area.

2. If consented to by a majority of the landowners and occupants present at the meeting,

a petition to form a seed potato control area may be circulated among all landowners

in the proposed area.
N.D. Cent. Code § 41-04.1-33 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-33
41-04.1-33. (4A-502) Creditor process served on receiving bank - Setoff by beneficiary's bank
Status: in_force

41-04.1-33. (4A-502) Creditor process served on receiving bank - Setoff by

beneficiary's bank.

1. As used in this section, "creditor process" means levy, attachment, garnishment, notice

of lien, sequestration, or similar process issued by or on behalf of a creditor or other

claimant with respect to an account.

2. This subsection applies to a creditor process with respect to an authorized account of

the sender of a payment order if the creditor process is served on the receiving bank.

For the purpose of determining rights with respect to the creditor process, if the

receiving bank accepts the payment order the balance in the authorized account is

deemed to be reduced by the amount of the payment order to the extent the bank did

not otherwise receive payment of the order, unless the creditor process is served at a

time and in a manner affording the bank a reasonable opportunity to act on it before

the bank accepts the payment order.

3. If a beneficiary's bank has received a payment order for payment to the beneficiary's

account in the bank, the following rules apply:

a. The bank may credit the beneficiary's account. The amount credited may be set

off against an obligation owed by the beneficiary to the bank or may be applied to

satisfy creditor process served on the bank with respect to the account.

b. The bank may credit the beneficiary's account and allow withdrawal of the

amount credited unless creditor process with respect to the account is served at a

time and in a manner affording the bank a reasonable opportunity to act to

prevent withdrawal.

c. If creditor process with respect to the beneficiary's account has been served and

the bank has had a reasonable opportunity to act on it, the bank may not reject

the payment order except for a reason unrelated to the service of process.

4. Creditor process with respect to a payment by the originator to the beneficiary

pursuant to a funds transfer may be served only on the beneficiary's bank with respect

to the debt owed by that bank to the beneficiary. Any other bank served with the

creditor process is not obliged to act with respect to the process.
N.D. Cent. Code § 4.1-20-25 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-25
4.1-20-25. Supervisors may formulate land use regulations for submission to qualified electors
Status: in_force

4.1-20-25. Supervisors may formulate land use regulations for submission to

qualified electors.

The supervisors of any district may formulate regulations governing the use of lands within

the district in the interest of conserving soil and soil resources and preventing and controlling

soil erosion, and may conduct public meetings and hearings upon tentative regulations as may

be necessary to assist the supervisors in this work. The proposed regulations must be

embodied in a proposed ordinance for submission to the qualified electors in the district, and

copies of the proposed ordinance must be available for inspection by the qualified electors in

the district during the period of time between the publication of the notice of election upon the

ordinance and the date of the election.
N.D. Cent. Code § 41-09-68 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-68
41-09-68. (9-406) Discharge of account debtor - Notification of assignment - Identification and proof of assignment - Restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective
Status: in_force

41-09-68. (9-406) Discharge of account debtor - Notification of assignment -

Identification and proof of assignment - Restrictions on assignment of accounts, chattel

paper, payment intangibles, and promissory notes ineffective.

1. Subject to subsections 2 through 9 and 12, an account debtor on an account, chattel

paper, or a payment intangible may discharge its obligation by paying the assignor

until, but not after, the account debtor receives a notification, signed by the assignor or

the assignee, that the amount due or to become due has been assigned and that

payment is to be made to the assignee. After receipt of the notification, the account

debtor may discharge its obligation by paying the assignee and may not discharge the

obligation by paying the assignor.

2. Subject to subsections 8 and 12, notification is ineffective under subsection 1:

a. If it does not reasonably identify the rights assigned;

b. To the extent that an agreement between an account debtor and a seller of a

payment intangible limits the account debtor's duty to pay a person other than the

seller and the limitation is effective under law other than this chapter; or

c. At the option of an account debtor, if the notification notifies the account debtor to

make less than the full amount of any installment or other periodic payment to the

assignee, even if:

(1) Only a portion of the account, chattel paper, or payment intangible has been

assigned to that assignee;

(2) A portion has been assigned to another assignee; or

(3) The account debtor knows that the assignment to that assignee is limited.

3. Subject to subsections 8 and 12, if requested by the account debtor, an assignee shall

seasonably furnish reasonable proof that the assignment has been made. Unless the

assignee complies, the account debtor may discharge its obligation by paying the

assignor, even if the account debtor has received a notification under subsection 1.

4. In this subsection, "promissory note" includes a negotiable instrument that evidences

chattel paper. Except as otherwise provided in subsections 5 and 11 and sections

41-02.1-33 and 41-09-69, and subject to subsection 8, a term in an agreement

between an account debtor and an assignor or in a promissory note is ineffective to

the extent that it:

a. Prohibits, restricts, or requires the consent of the account debtor or person

obligated on the promissory note to the assignment or transfer of, or the creation,

attachment, perfection, or enforcement of a security interest in, the account,

chattel paper, payment intangible, or promissory note; or

b. Provides that the assignment or transfer or the creation, attachment, perfection,

or enforcement of the security interest may give rise to a default, breach, right of

recoupment, claim, defense, termination, right of termination, or remedy under

the account, chattel paper, payment intangible, or promissory note.

5. Subsection 4 does not apply to the sale of a payment intangible or promissory note,

other than a sale pursuant to a disposition under section 41-09-107 or an acceptance

of collateral under section 41-09-115.

6. Except as otherwise provided in subsection 11 and sections 41-02.1-33 and 41-09-69

and subject to subsections 8 and 9, a rule of law, statute, or regulation that prohibits,

restricts, or requires the consent of a government, governmental body or official, or

account debtor to the assignment or transfer of, or creation of a security interest in, an

account or chattel paper is ineffective to the extent that the rule of law, statute, or

regulation:

a. Prohibits, restricts, or requires the consent of the government, governmental body

or official, or account debtor to the assignment or transfer of, or the creation,

attachment, perfection, or enforcement of a security interest in the account or

chattel paper; or

b. Provides that the assignment, transfer, creation, attachment, perfection, or

enforcement of the security interest may give rise to a default, breach, right of

recoupment, claim, defense, termination, right of termination, or remedy under

the account or chattel paper.

7. Subject to subsections 8 and 12, an account debtor may not waive or vary its option

under subdivision c of subsection 2.

8. This section is subject to law other than this chapter which establishes a different rule

for an account debtor who is an individual and who incurred the obligation primarily for

personal, family, or household purposes.

9. This section does not apply to an assignment of a health care insurance receivable.

10. This section prevails over any inconsistent statute, rule, or regulation.

11. Subsections 4, 6, and 10 do not apply to a security interest in an ownership interest in

a general partnership, limited partnership, or limited liability company.

12. Subsections 1, 2, 3, and 7 do not apply to a controllable account or controllable

payment intangible.
N.D. Cent. Code § 41-09-114 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-114
41-09-114. (9-619) Transfer of record or legal title
Status: in_force

41-09-114. (9-619) Transfer of record or legal title

1. In this section, "transfer statement" means a record signed by a secured party stating:

a. That the debtor has defaulted in connection with an obligation secured by

specified collateral;

b. That the secured party has exercised its postdefault remedies with respect to the

collateral;

c. That, by reason of the exercise, a transferee has acquired the rights of the debtor

in the collateral; and

d. The name and mailing address of the secured party, debtor, and transferee.

2. A transfer statement entitles the transferee to the transfer of record of all rights of the

debtor in the collateral specified in the statement in any official filing, recording,

registration, or certificate-of-title system covering the collateral. If a transfer statement

is presented with the applicable fee and request form to the official or office

responsible for maintaining the system, the official or office shall:

a. Accept the transfer statement;

b. Promptly amend its records to reflect the transfer; and

c. If applicable, issue a new appropriate certificate of title in the name of the

transferee.

3. A transfer of the record or legal title to collateral to a secured party under subsection 2

or otherwise is not of itself a disposition of collateral under this chapter and does not of

itself relieve the secured party of its duties under this chapter.
N.D. Cent. Code § 4.1-26-16 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-16
4.1-26-16. Minimum prices payable to dairy farmers - Effect of change
Status: in_force

4.1-26-16. Minimum prices payable to dairy farmers - Effect of change

Whenever a milk stabilization plan is changed with respect to the minimum price that

processors located within a particular milk marketing area must pay to dairy farmers for raw

milk, the milk marketing board shall ensure that simultaneous changes occur in all other

minimum and maximum prices established in accordance with this chapter.
N.D. Cent. Code § 41-02-06 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-06
41-02-06. (2-106) Definitions
Status: in_force

41-02-06. (2-106) Definitions

1. In this chapter, unless the context otherwise requires:

a. "Agreement" and "contract" are limited to those relating to the present or future

sale of goods.

b. "Contract for sale" includes both a present sale of goods and a contract to sell

goods at a future time.

c. "Present sale" means a sale that is accomplished by the making of the contract.

d. "Sale" consists in the passing of title from the seller to the buyer for a price

(section 41-02-46).

2. "Cancellation" occurs when either party puts an end to the contract for breach by the

other and its effect is the same as that of "termination" except that the canceling party

also retains any remedy for breach of the whole contract or any unperformed balance.

3. Goods or conduct including any part of a performance are "conforming" or conform to

the contract when they are in accordance with the obligations under the contract.

4. "Hybrid transaction" means a single transaction involving a sale of goods and:

a. The provision of services;

b. A lease of other goods; or

c. A sale, lease, or license of property other than goods.

5. "Termination" occurs when either party pursuant to a power created by agreement or

law puts an end to the contract otherwise than for its breach. On "termination" all

obligations which are still executory on both sides are discharged but any right based

on prior breach or performance survives.
N.D. Cent. Code § 4.1-40-14 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-14
4.1-40-14. Stop-sale orders
Status: in_force

4.1-40-14. Stop-sale orders

The commissioner may issue a "stop-sale, use, or removal" order to the owner or custodian

of any lot of fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or

plant amendment, if the commissioner finds that the product is being offered for sale in violation

of this chapter or any implemented rule. The order must remain in effect until the commissioner:

1. Determines that the violation has been corrected;

2. Gives written authorization for the disposal of the product; or

3. Gives written authorization for the product to be offered for sale.
N.D. Cent. Code § 4.1-47-31 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-31
4.1-47-31. Civil penalty
Status: in_force

4.1-47-31. Civil penalty

1. a. In addition to any other penalties provided for in this chapter, a person who

violates this chapter or any rules adopted under this chapter is subject to a civil

penalty in an amount not to exceed eighty dollars per day for each day of

violation, subject to a maximum penalty of four thousand dollars per year.

b. Penalties imposed upon a landowner for failing to comply with the remedial

requirements, as set forth in section 4.1-47-28, are a lien against the property of

the landowner from the day the notice is delivered to the landowner under section

4.1-47-28.

c. A person who violates subsection 2 of section 4.1-47-02 is subject to a civil

penalty not to exceed one hundred dollars for each violation.

2. All penalties collected under this section must be credited to the noxious weed control

fund of:

a. The city in which the violation occurred if the city has a noxious weed control

program under this chapter; or

b. The county in which the violation occurred.

3. Any penalties provided for under this section may be adjudicated by a court, a county

weed board, or a city weed board after a hearing.

4. An aggrieved person may appeal the imposition of a penalty by a county weed board

to the board of county commissioners. An aggrieved person may appeal the imposition

of a penalty by a city weed board to the governing body of the city.
N.D. Cent. Code § 41-01-06 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-06
41-01-06. (1-106) Use of singular and plural - Gender
Status: in_force

41-01-06. (1-106) Use of singular and plural - Gender

In this title, unless the statutory context otherwise requires:

1. Words in the singular number include the plural, and those in the plural include the

singular; and

2. Words of any gender also refer to any other gender.
N.D. Cent. Code § 4.1-10-06 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-06
4.1-10-06. Council members - Compensation
Status: in_force

4.1-10-06. Council members - Compensation

Each member of the council is entitled to receive compensation in the amount established

by the council but not exceeding one hundred thirty-five dollars per day plus reimbursement for

expenses as provided by law for state officers if the member is attending meetings or

performing duties directed by the council.
N.D. Cent. Code § 4.1-25-43 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-43
4.1-25-43. Test results disputes
Status: in_force

4.1-25-43. Test results disputes

If a disagreement between a seller and a buyer or the legal representatives of both or either

arises over the percentage of butterfat contained in any quantity of milk sold or offered for sale

at the request of the owner and in the owner's presence, a sample of the milk obtained as

provided in section 4.1-25-27 and mutually agreed upon by the interested parties as being a

representative sample must be sealed and mailed by the buyer to the office of the

commissioner. Each sample mailed to the commissioner must include a statement giving the

name and address of the seller and the buyer of the milk in question, the net weight, the

percentage and amount of butterfat contained, the price per pound [.45 kilogram] for butterfat,

and the amount of money paid or offered in payment for the same and bearing the signature of

the seller and the buyer. The commissioner shall determine the percentage of butterfat

contained in the sample and shall report of the result in triplicate, the original to be filed in the

commissioner's office, one copy to be sent to the seller, and one to the buyer of the milk. The

percentage of butterfat determined and reported constitutes the "official butterfat test" and is the

basis on which final settlement must be made. The fee for the official butterfat test and any

other tests required must be in an amount as set by rule of the commissioner, considering the

actual costs of the test, and the fee must be mailed to the commissioner at the time of

forwarding the sample for the official butterfat or other test.
N.D. Cent. Code § 4.1-75-03 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-03
4.1-75-03. Notification - Record of date and time
Status: in_force

4.1-75-03. Notification - Record of date and time

A county sheriff or the chief brand inspector shall make a record of the date and time that

notification is received under section 4.1-75-02. The individual taking possession of the estray is

not entitled to reimbursement for expenses incurred before the recorded date and time.
N.D. Cent. Code § 4.1-53-22 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-22
4.1-53-22. Vegetable seed - Label - Content
Status: in_force

4.1-53-22. Vegetable seed - Label - Content

The label for vegetable seed packed in units of one pound or less and the label for

vegetable seed on prepared mats, tapes, or in preplanted containers must include:

1. The kind and variety of seed;

2. The lot number or other lot identification;

3. The full name and address of the labeler;

4. The month and year in which the germination test was completed; and

5. a. The percentage of germination; or

b. The date by which the seed must be sold, as established in section 4.1-53-52.
N.D. Cent. Code § 41-02-99 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-99
41-02-99. (2-720) Effect of cancellation or rescission on claims for antecedent breach
Status: in_force

41-02-99. (2-720) Effect of cancellation or rescission on claims for antecedent breach

Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of

the contract or the like shall not be construed as a renunciation or discharge of any claim in

damages for an antecedent breach.
N.D. Cent. Code § 41-08-41 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-41
41-08-41. (8-501) Securities account - Acquisition of security entitlement from securities intermediary
Status: in_force

41-08-41. (8-501) Securities account - Acquisition of security entitlement from

securities intermediary.

1. "Securities account" means an account to which a financial asset is or may be credited

in accordance with an agreement under which the person maintaining the account

undertakes to treat the person for whom the account is maintained as entitled to

exercise the rights that comprise the financial asset.

2. Except as otherwise provided in subsections 4 and 5, a person acquires a security

entitlement if a securities intermediary:

a. Indicates by book entry that a financial asset has been credited to the person's

securities account;

b. Receives a financial asset from the person or acquires a financial asset for the

person and, in either case, accepts it for credit to the person's securities account;

or

c. Becomes obligated under other law, regulation, or rule to credit a financial asset

to the person's securities account.

3. If a condition of subsection 2 has been met, a person has a security entitlement even

though the securities intermediary does not itself hold the financial asset.

4. If a securities intermediary holds a financial asset for another person, and the financial

asset is registered in the name of, payable to the order of, or specially endorsed to the

other person, and has not been endorsed to the securities intermediary or in blank, the

other person is treated as holding the financial asset directly rather than as having a

security entitlement with respect to the financial asset.

5. Issuance of a security is not establishment of a security entitlement.
N.D. Cent. Code § 41-03-22 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-22
41-03-22. (3-203) Rights acquired by transfer
Status: in_force

41-03-22. (3-203) Rights acquired by transfer

1. An instrument is transferred when it is delivered by a person other than its issuer for

the purpose of giving to the person receiving delivery the right to enforce the

instrument.

2. Transfer of an instrument, regardless of whether the transfer is a negotiation, vests in

the transferee any right of the transferor to enforce the instrument, including any right

as a holder in due course, but the transferee cannot acquire rights of a holder in due

course by a transfer, directly or indirectly, from a holder in due course if the transferee

engaged in fraud or illegality affecting the instrument.

3. Unless otherwise agreed, if an instrument is transferred for value and the transferee

does not become a holder because of lack of endorsement by the transferor, the

transferee has a specifically enforceable right to the unqualified endorsement of the

transferor, but negotiation of the instrument does not occur until the endorsement is

made.

4. If a transferor purports to transfer less than the entire instrument, negotiation of the

instrument does not occur. The transferee obtains no rights under this chapter and has

only the rights of a partial assignee.
N.D. Cent. Code § 41-02-95 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-95
41-02-95. (2-716) Buyer's right to specific performance or replevin
Status: in_force

41-02-95. (2-716) Buyer's right to specific performance or replevin

1. Specific performance may be decreed if the goods are unique or in other proper

circumstances.

2. The decree for specific performance may include such terms and conditions as to

payment of the price, damages, or other relief as the court may deem just.

3. The buyer has a right of replevin for goods identified to the contract if after reasonable

effort the buyer is unable to effect cover for such goods or the circumstances

reasonably indicate that such effort will be unavailing or if the goods have been

shipped under reservation and satisfaction of the security interest in them has been

made or tendered. In the case of goods bought for personal, family, or household

purposes, the buyer's right of replevin vests upon acquisition of a special property,

even if the seller had not then repudiated or failed to deliver.
N.D. Cent. Code § 41-02-102 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-102
41-02-102. (2-723) Proof of market price - Time and place
Status: in_force

41-02-102. (2-723) Proof of market price - Time and place

1. If an action based on anticipatory repudiation comes to trial before the time for

performance with respect to some or all of the goods, any damages based on market

price (section 41-02-87 or 41-02-92) shall be determined according to the price of such

goods prevailing at the time when the aggrieved party learned of the repudiation.

2. If evidence of a price prevailing at the times or places described in this chapter is not

readily available, the price prevailing within any reasonable time before or after the

time described or at any other place 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 cost of transporting the goods to or from such

other place.

3. Evidence of a relevant price prevailing at a time or place other than the one described

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

has given the other party such notice as the court finds sufficient to prevent unfair

surprise.
N.D. Cent. Code § 4.1-27-23 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-23
4.1-27-23. Public livestock markets or commission firms - Duplicate scale tickets
Status: in_force

4.1-27-23. Public livestock markets or commission firms - Duplicate scale tickets

All public livestock markets or commission firms doing business in this state shall deliver to

each person consigning livestock to the market or purchasing livestock from the market a

duplicate scale ticket showing the weight of such livestock.
N.D. Cent. Code § 41-02.1-18 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-18
41-02.1-18. (2A-209) Lessee under finance lease as beneficiary of supply contract
Status: in_force

41-02.1-18. (2A-209) Lessee under finance lease as beneficiary of supply contract

1. The benefit of the supplier's promises to the lessor under the supply contract and of all

warranties, whether express or implied, including those of any third party provided in

connection with or as part of the supply contract, extends to the lessee to the extent of

the lessee's leasehold interest under a finance lease related to the supply contract, but

subject to the terms of the warranty and of the supply contract and all of the supplier's

defenses or claims arising therefrom.

2. The extension of the benefit of the supplier's promises and warranties to the lessee

(subsection 1 of section 41-02.1-09) does not modify the rights and obligations of the

parties to the supply contract or impose any duty or liability under the supply contract

on the lessee.

3. Any modification or rescission of the supply contract by the supplier and the lessor is

effective between the supplier and the lessee unless, before the modification or

rescission, the supplier has received notice that the lessee has entered into a finance

lease related to the supply contract. Whenever a modification or rescission of the

supply contract is effective between the supplier and the lessee, the lessor, in addition

to the obligations of the lessor under the lease contract, is treated as having assumed

all obligations of the supplier and warranties which were so modified or rescinded as

they existed or were available to the lessee prior to modification or rescission.

4. In addition to the extension of the benefit of the supplier's promises and of warranties

to the lessee under subsection 1, the lessee retains all rights that the lessee may have

against the supplier which arise from any agreement between the lessee and the

supplier or from any other law.
N.D. Cent. Code § 4.1-04-13 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-13
4.1-04-13. Refund of assessment - Form
Status: in_force

4.1-04-13. Refund of assessment - Form

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 from the producer.

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 § 41-02-66 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-66
41-02-66. (2-603) Merchant buyer's duties as to rightfully rejected goods
Status: in_force

41-02-66. (2-603) Merchant buyer's duties as to rightfully rejected goods

1. Subject to any security interest in the buyer (subsection 3 of section 41-02-90), when

the seller has no agent or place of business at the market of rejection a merchant

buyer is under a duty after rejection of goods in the merchant buyer's possession or

control to follow any reasonable instructions received from the seller with respect to

the goods and in the absence of such instructions to make reasonable efforts to sell

them for the seller's account if they are perishable or threaten to decline in value

speedily. Instructions are not reasonable if on demand indemnity for expenses is not

forthcoming.

2. When the buyer sells goods under subsection 1, the buyer is entitled to reimbursement

from the seller or out of the proceeds for reasonable expenses of caring for and selling

them and, if the expenses include no selling commission, then to such commission as

is usual in the trade or, if there is none, to a reasonable sum not exceeding ten percent

on the gross proceeds.

3. In complying with this section, the buyer is held only to good faith and good-faith

conduct hereunder is neither acceptance nor conversion nor the basis of an action for

damages.
N.D. Cent. Code § 41-08-50 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-50
41-08-50. (8-510) Rights of purchaser of security entitlement from entitlement holder
Status: in_force

41-08-50. (8-510) Rights of purchaser of security entitlement from entitlement holder

1. In a case not covered by the priority rules in chapter 41-09 or the rules stated in

subsection 3, an action based on an adverse claim to a financial asset or security

entitlement, whether framed in conversion, replevin, constructive trust, equitable lien,

or other theory, may not be asserted against a person who purchases a security

entitlement, or an interest therein, from an entitlement holder if the purchaser gives

value, does not have notice of the adverse claim, and obtains control.

2. If an adverse claim could not have been asserted against an entitlement holder under

section 41-08-42, the adverse claim cannot be asserted against a person who

purchases a security entitlement, or an interest therein, from the entitlement holder.

3. In a case not covered by the priority rules in chapter 41-09, a purchaser for value of a

security entitlement, or an interest therein, who obtains control has priority over a

purchaser of a security entitlement, or an interest therein, who does not obtain control.

Except as otherwise provided in subsection 4, purchasers who have control rank

according to priority in time of:

a. The purchaser's becoming the person for whom the securities account, in which

the security entitlement is carried, is maintained, if the purchaser obtained control

under subdivision a of subsection 4 of section 41-08-06;

b. The securities intermediary's agreement to comply with the purchaser's

entitlement orders with respect to security entitlements carried or to be carried in

the securities account in which the security entitlement is carried, if the purchaser

obtained control under subdivision b of subsection 4 of section 41-08-06; or

c. If the purchaser obtained control through another person under subdivision c of

subsection 4 of section 41-08-06, the time on which priority would be based

under this subsection if the other person were the secured party.

4. A securities intermediary as purchaser has priority over a conflicting purchaser who

has control unless otherwise agreed by the securities intermediary.
N.D. Cent. Code § 4.1-53-60 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-60
4.1-53-60. Seed department records - Exemption
Status: in_force

4.1-53-60. Seed department records - Exemption

The following records of the seed department are exempt from section 44-04-18:

1. Records of any plant or seed analysis, testing, and variety or disease determination

conducted by the seed department on a fee-for-service basis for private persons; and

2. Information that is received by the seed department under this chapter from a private

person and which the private person determines is proprietary information or a trade

secret.
N.D. Cent. Code § 41-01-05 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-05
41-01-05. (1-105) Severability
Status: in_force

41-01-05. (1-105) Severability

If any provision or clause of this title or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or applications of this title which can be

given effect without the invalid provision or application, and to this end the provisions of this title

are severable.
N.D. Cent. Code § 41-08-23 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-23
41-08-23. (8-207) Rights and duties of issuer with respect to registered owners
Status: in_force

41-08-23. (8-207) Rights and duties of issuer with respect to registered owners

1. Before due presentment for registration of transfer of a certificated security in

registered form or of an instruction requesting registration of transfer of an

uncertificated security, the issuer or indenture trustee may treat the registered owner

as the person exclusively entitled to vote, receive notifications, and otherwise exercise

all the rights and powers of an owner.

2. This chapter does not affect the liability of the registered owner of a security for a call,

assessment, or the like.
N.D. Cent. Code § 41-08-25 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-25
41-08-25. (8-209) Issuer's lien
Status: in_force

41-08-25. (8-209) Issuer's lien

A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the

right of the issuer to the lien is noted conspicuously on the security certificate.
N.D. Cent. Code § 4.1-22-08 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-08
4.1-22-08. Misrepresentation
Status: in_force

4.1-22-08. Misrepresentation

A person may not misrepresent the name, age, origin, grade, variety, quality, or hardiness of

any nursery stock being offered for sale.
N.D. Cent. Code § 41-03-17 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-17
41-03-17. (3-117) Other agreements affecting an instrument
Status: in_force

41-03-17. (3-117) Other agreements affecting an instrument

Subject to applicable law regarding exclusion of proof of contemporaneous or prior

agreements, the obligation of a party to an instrument to pay the instrument may be modified,

supplemented, or nullified by a separate agreement of the obligor and a person entitled to

enforce the instrument if the instrument is issued or the obligation is incurred in reliance on the

agreement or as a part of the same transaction giving rise to the agreement. To the extent an

obligation is modified, supplemented, or nullified by an agreement under this section, the

agreement is a defense to the obligation.
N.D. Cent. Code § 4.1-11-02 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-02
4.1-11-02. Soybean districts - Establishment - Review of district lines
Status: in_force

4.1-11-02. Soybean districts - Establishment - Review of district lines

1. The state consists of the following twelve soybean districts:

a. District one: Richland County;

b. District two: Ransom and Sargent Counties;

c. District three: Dickey and LaMoure Counties;

d. District four: Cass County;

e. District five: Barnes County;

f. District six: Stutsman County;

g. District seven: Grand Forks and Traill Counties;

h. District eight: Griggs, Nelson, and Steele Counties;

i. District nine: Eddy, Foster, and Wells Counties;

j. District ten: Cavalier, Pembina, and Walsh Counties;

k. District eleven: Benson, Bottineau, Burke, Divide, McHenry, Mountrail, Pierce,

Ramsey, Renville, Rolette, Towner, Ward, and Williams Counties; and

l. District twelve: Adams, Billings, Bowman, Burleigh, Dunn, Emmons, Golden

Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McKenzie, McLean, Mercer,

Morton, Oliver, Sheridan, Sioux, Slope, and Stark Counties.

2. The council shall review the district boundaries at least once every seven years to

ensure accurate producer representation. If, upon review, the council determines the

districts do not accurately represent producers in the state based upon acreage, the

council may redistrict upon a two-thirds vote of the members elected to the council.
N.D. Cent. Code § 4.1-33-07.1 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-07.1
4.1-33-07.1. Certification requirements - Waiver for emergencies
Status: in_force

4.1-33-07.1. Certification requirements - Waiver for emergencies

If the governor declares a statewide state of disaster or emergency that affects the

certification requirements under this chapter, the pesticide control board may temporarily waive

statutory requirements, or any associated rules, relating to the certification for the duration of the

declared state of disaster or emergency.
N.D. Cent. Code § 4.1-02-02 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-02
4.1-02-02. Barley council - Districts
Status: in_force

4.1-02-02. Barley council - Districts

The state consists of the following five barley districts:

1. Benson, Cavalier, Pembina, Ramsey, Towner, and Walsh Counties.

2. Eddy, Foster, Grand Forks, Griggs, McLean, Nelson, Sheridan, Steele, Traill, and

Wells Counties.

3. Barnes, Burleigh, Cass, Dickey, Emmons, Kidder, LaMoure, Logan, McIntosh,

Ransom, Richland, Sargent, and Stutsman Counties.

4. Bottineau, McHenry, Pierce, Renville, and Rolette Counties.

5. Adams, Billings, Bowman, Burke, Divide, Dunn, Golden Valley, Grant, Hettinger,

McKenzie, Mercer, Morton, Mountrail, Oliver, Sioux, Slope, Stark, Ward, and Williams

Counties.
N.D. Cent. Code § 4.1-07-17 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-17
4.1-07-17. Expenditure of funds
Status: in_force

4.1-07-17. Expenditure of funds

The council shall approve all expenditures made pursuant to this chapter. The expenditures

must be recorded on itemized vouchers and the records must be maintained as directed by the

state records administrator.
N.D. Cent. Code § 4.1-61-05 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-05
4.1-61-05. Credit-sale contract indemnity fund - Availability of money
Status: in_force

4.1-61-05. Credit-sale contract indemnity fund - Availability of money

Upon the insolvency of a licensed warehouse or a grain buyer and a declaration the

commissioner serve as the trustee, the commissioner shall make the proceeds of the credit-sale

contract indemnity fund available for use in meeting the licensee's obligations with respect to

the reimbursement of a person that sold grain to the licensee under a credit-sale contract and

who was not fully compensated in accordance with the contract.
N.D. Cent. Code § 41-09-108 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-108
41-09-108. (9-611) Notification before disposition of collateral
Status: in_force

41-09-108. (9-611) Notification before disposition of collateral

1. In this section, "notification date" means the earlier of the date on which:

a. A secured party sends to the debtor and any secondary obligor a signed

notification of disposition; or

b. The debtor and any secondary obligor waive the right to notification.

2. Except as otherwise provided in subsection 4, a secured party that disposes of

collateral under section 41-09-107 shall send to the persons specified in subsection 3

a reasonable signed notification of disposition.

3. To comply with subsection 2, the secured party shall send a signed notification of

disposition to:

a. The debtor;

b. Any secondary obligor;

c. Any other person from which the secured party has received, before the

notification date, a signed notification of a claim of an interest in the collateral;

d. Any other secured party or lienholder that, ten days before the notification date,

held a security interest in or other lien on the collateral perfected by the filing of a

financing statement that:

(1) Identified the collateral;

(2) Was indexed under the debtor's name as of that date; and

(3) Was filed in the office in which to file a financing statement against the

debtor covering the collateral as of that date; and

e. Any other secured party that, ten days before the notification date, held a security

interest in the collateral perfected by compliance with a statute, regulation, or

treaty described in subsection 1 of section 41-09-31.

4. Subsection 2 does not apply if the collateral is perishable or threatens to decline

speedily in value or is of a type customarily sold on a recognized market.

5. A secured party complies with the requirements for notification prescribed by

paragraph 2 of subdivision c of subsection 3 if:

a. Not later than twenty days or earlier than thirty days before the notification date,

the secured party requests, in a commercially reasonable manner, information

concerning financing statements indexed under the debtor's name in the office

indicated in paragraph 2 of subdivision c of subsection 3; and

b. Before the notification date, the secured party:

(1) Did not receive a response to the request for information; or

(2) Received a response to the request for information and sent a signed

notification of disposition to each secured party or other lienholder named in

that response whose financing statement covered the collateral.
N.D. Cent. Code § 4.1-01.1-05 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-05
4.1-01.1-05. Agricultural products utilization commission - Administrative expenses
Status: in_force

4.1-01.1-05. Agricultural products utilization commission - Administrative expenses

Administrative expenses of the agricultural products utilization commission, including

expenses of members of the commission, employment of required personnel, hiring of

consultants, and contracting with public or private entities for services may not exceed ten

percent of the funds appropriated to the commission by the legislative assembly each biennium,

excluding federal funds.
N.D. Cent. Code § 4.1-53-11 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-11
4.1-53-11. Seed commissioner - Duties
Status: repealed

4.1-53-11. Seed commissioner - Duties

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-01.1-04 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-04
4.1-01.1-04. Agricultural products utilization commission - Reimbursement - Compensation
Status: in_force

4.1-01.1-04. Agricultural products utilization commission - Reimbursement -

Compensation.

Members of the agricultural products utilization commission are entitled to be reimbursed for

expenses incurred in the performance of their duties, in the same manner as other state officials

are reimbursed, according to sections 44-08-04 and 54-06-09. If not otherwise employed by the

state of North Dakota, members of the commission are entitled to receive per diem

compensation of one hundred thirty-five dollars for each day of attending meetings and

performing other duties relating to official business of the commission. The commission

chairman, if not otherwise employed by the state of North Dakota, may receive an additional

one hundred dollars for each day of a regular meeting attended as payment for reviewing and

evaluating grant proposals.
N.D. Cent. Code § 41-02-22 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-22
41-02-22. (2-305) Open price term
Status: in_force

41-02-22. (2-305) Open price term

1. The parties if they so intend can conclude a contract for sale even though the price is

not settled. In such a case, the price is a reasonable price at the time for delivery if:

a. Nothing is said as to price;

b. The price is left to be agreed by the parties and they fail to agree; or

c. The price is to be fixed in terms of some agreed market or other standard as set

or recorded by a third person or agency and it is not so set or recorded.

2. A price to be fixed by the seller or by the buyer means a price for that party to fix in

good faith.

3. When a price left to be fixed otherwise than by agreement of the parties fails to be

fixed through fault of one party, the other party may, at that party's option, treat the

contract as canceled or fix a reasonable price.

4. If, however, the parties intend not to be bound unless the price be fixed or agreed and

it is not fixed or agreed, there is no contract. In such a case, the buyer must return any

goods already received or, if unable so to do, must pay their reasonable value at the

time of delivery and the seller must return any portion of the price paid on account.
N.D. Cent. Code § 4.1-09-06 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-06
4.1-09-06. Election of county representative - Canola producers - Waiver
Status: in_force

4.1-09-06. Election of county representative - Canola producers - Waiver

1. a. No later than March first of the year in which the term of a council member who

represents a canola district is to expire, the extension agent for each county in

that member's district shall hold a meeting of canola producers for the purpose of

electing a county representative.

b. The council shall publish notice of the meeting in the official newspaper of the

county for two consecutive weeks. The last notice must be published no fewer

than five nor more than ten days before the meeting.

c. The meeting must be held within the county.

d. During the meeting, the county extension agent shall conduct the election.

e. Any participating canola producer who resides in the county may vote in the

election.

f. The county extension agent shall canvass the votes, notify the director of the

North Dakota state university extension service and the council that the election

has taken place, and provide to the director and the council the name and

address of the newly elected county representative.

2. Subsection 1 does not apply if the county extension agent, in consultation with the

executive director of the county farm service agency office, determines and notifies the

council that no canola producers willing to serve as county representatives reside

within the county.
N.D. Cent. Code § 41-08-16 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-16
41-08-16. (8-116) Securities intermediary as purchaser for value
Status: in_force

41-08-16. (8-116) Securities intermediary as purchaser for value

A securities intermediary that receives a financial asset and establishes a security

entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the

financial asset. A securities intermediary that acquires a security entitlement to a financial asset

from another securities intermediary acquires the security entitlement for value if the securities

intermediary acquiring the security entitlement establishes a security entitlement to the financial

asset in favor of an entitlement holder.
N.D. Cent. Code § 41-02-25 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-25
41-02-25. (2-308) Absence of specified place for delivery
Status: in_force

41-02-25. (2-308) Absence of specified place for delivery

Unless otherwise agreed:

1. The place for delivery of goods is the seller's place of business or, if the seller has

none, the seller's residence; but

2. In a contract for sale of identified goods which to the knowledge of the parties at the

time of contracting are in some other place, that place is the place for their delivery;

and

3. Documents of title may be delivered through customary banking channels.
N.D. Cent. Code § 4.1-02-05 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-05
4.1-02-05. Election of district representative - Council member
Status: in_force

4.1-02-05. Election of district representative - Council member

1. Upon receiving the notice required by subdivision f of subsection 1 of section

4.1-02-04, the director of the North Dakota state university extension service shall call

a meeting of all county representatives in the district represented by the member

whose term is to expire.

2. The director shall notify each county representative in the district of the meeting, by

registered mail, at least five days before the meeting.

3. The meeting must be held within the district.

4. At the meeting, the county representatives shall elect one from among themselves to

serve as the council member from that district.

5. The director shall notify the governor and the council that the election has taken place

and shall provide to the governor and the council the name and address of the newly

elected council member.
N.D. Cent. Code § 41-02.1-45 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-45
41-02.1-45. (2A-404) Substituted performance
Status: in_force

41-02.1-45. (2A-404) Substituted performance

1. If without fault of the lessee, the lessor, or the supplier, the agreed berthing, loading, or

unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed

manner of delivery otherwise becomes commercially impracticable, but a commercially

reasonable substitute is available, the substitute performance must be tendered and

accepted.

2. If the agreed means or manner of payment fails because of domestic or foreign

governmental regulation:

a. The lessor may withhold or stop delivery or cause the supplier to withhold or stop

delivery unless the lessee provides a means or manner of payment that is

commercially a substantial equivalent.

b. If delivery has already been taken, payment by the means or in the manner

provided by the regulation discharges the lessee's obligation unless the

regulation is discriminatory, oppressive, or predatory.
N.D. Cent. Code § 41-02-59 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-59
41-02-59. (2-511) Tender of payment by buyer - Payment by check
Status: in_force

41-02-59. (2-511) Tender of payment by buyer - Payment by check

1. Unless otherwise agreed, tender of payment is a condition to the seller's duty to tender

and complete any delivery.

2. Tender of payment is sufficient when made by any means or in any manner current in

the ordinary course of business unless the seller demands payment in legal tender

and gives any extension of time reasonably necessary to procure it.

3. Subject to the provisions of this title on the effect of an instrument on an obligation

(section 41-03-36), payment by check is conditional and is defeated as between the

parties by dishonor of the check on due presentment.
N.D. Cent. Code § 4.1-58-47 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-47
4.1-58-47. Joinder of surety - Deposit of proceeds
Status: in_force

4.1-58-47. Joinder of surety - Deposit of proceeds

The surety on the warehouseman's bond must be joined as a party to the insolvency

proceeding upon a motion by the commissioner if the commissioner believes proceeds from the

warehouseman's bond may be needed to redeem outstanding receipts issued by the

warehouseman. If it appears in the best interests of the receiptholders, the commissioner may

order the surety to deposit the penal sum of the bond, or so much of the sum as may be

deemed necessary, into the trustee's trust account pending a final determination of the surety's

liability under the bond.
N.D. Cent. Code § 4.1-25-40.1 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-40.1
4.1-25-40.1. Sale of raw milk or raw milk products directly to a consumer - Prohibitions - Exemptions
Status: in_force

4.1-25-40.1. Sale of raw milk or raw milk products directly to a consumer -

Prohibitions - Exemptions.

1. A farm may sell raw milk or raw milk products directly to the end consumer in this state

for personal consumption.

2. A farm may not sell raw milk or raw milk products to a wholesaler or retail store for

mass consumption under this chapter. The seller may not sell raw milk or raw milk

products outside this state. The sale may not involve interstate commerce. Raw milk or

raw milk products may not be donated.

3. A farm selling raw milk or raw milk products under the provisions of this section is not

subject to any other provision of this chapter, chapters 4.1-05, 4.1-26, 19-02.1, or 23-9,

or title 64.

4. A farm selling raw milk or raw milk products shall label the products as "raw milk" or

"made with raw milk".
N.D. Cent. Code § 4.1-39-05 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-05
4.1-39-05. Crop protection products - Registration process - Joint labeling
Status: in_force

4.1-39-05. Crop protection products - Registration process - Joint labeling

The governor and the agriculture commissioner shall work with all appropriate public and

private entities to foster the development of a single, uniform process for the joint North

American labeling of crop protection products not available for sale and use in this state as of

April 19, 1999.
N.D. Cent. Code § 4.1-27-05 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-05
4.1-27-05. Records release required with application for licensure
Status: in_force

4.1-27-05. Records release required with application for licensure

A livestock auction market shall file with the license application a release in a form approved

by the commissioner authorizing the commissioner to access financial records of the livestock

auction market held by financial institutions, accountants, and other sources. The commissioner

may use the release in the course of licensing or relicensing a livestock auction market or in the

course of an investigation of a livestock auction market. Any information gained through the use

of a release is confidential. The commissioner may furnish information obtained through the use

of the records release to the attorney general, other state agencies, and any prosecuting

officials requiring the information for use in pursuit of official duties.
N.D. Cent. Code § 4.1-47-20 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-20
4.1-47-20. City weed board - Duties
Status: in_force

4.1-47-20. City weed board - Duties

Each city weed board shall:

1. Implement a program for the control of noxious weeds;

2. Establish the time and place of regular board meetings;

3. Meet at least once each year;

4. Keep minutes of its meetings and a complete record of all official acts;

5. Control and disburse all moneys received by the city from any source for noxious

weed control;

6. a. Provide for the compensation of its members and its secretary and treasurer;

b. Reimburse its members and its secretary and treasurer for actual and necessary

expenses; and

c. Provide a mileage allowance at the same rate as that established for state

employees; and

7. a. Employ and provide for the compensation of a weed control officer;

b. Reimburse the weed control officer for actual and necessary expenses; and

c. Provide a mileage allowance at the same rate as that established for state

employees.
N.D. Cent. Code § 4.1-02-17 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-17
4.1-02-17. Reimbursement for double payments
Status: in_force

4.1-02-17. Reimbursement for double payments

Notwithstanding section 4.1-02-16, if a producer documents to the council that the producer

has paid the assessment more than once on the same barley, the council shall reimburse the

producer for the double payment.
N.D. Cent. Code § 4.1-59-23 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-23
4.1-59-23. Joinder of surety - Deposit of proceeds
Status: in_force

4.1-59-23. Joinder of surety - Deposit of proceeds

Each surety on the insolvent licensee's bonds must be joined as a party to the insolvency

proceeding. If it is in the best interests of the receiptholders, the court may order a surety to

deposit some or all of the penal sum of the bond into the trustee's trust account pending

determination of the surety's liability under the bond.
N.D. Cent. Code § 41-09-07 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-07
41-09-07. (9-107) Control of letter-of-credit right
Status: in_force

41-09-07. (9-107) Control of letter-of-credit right

A secured party has control of a letter-of-credit right to the extent of any right to payment or

performance by the issuer or any nominated person if the issuer or nominated person has

consented to an assignment of proceeds of the letter of credit under subsection 3 of section

41-05-14 or otherwise applicable law or practice.
N.D. Cent. Code § 4.1-53-54 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-54
4.1-53-54. Stop-sale order - Issuance - Enforcement - Appeal
Status: in_force

4.1-53-54. Stop-sale order - Issuance - Enforcement - Appeal

1. The seed commissioner may issue a written stop-sale order to the owner or custodian

of any lot of seed that the seed commissioner finds to be in violation of this chapter.

2. The seed commissioner may attach terms and conditions that must be fulfilled before

the order will be lifted.

3. The stop-sale order shall remain in effect until the seed commissioner is satisfied that

the violation no longer exists. Upon making that determination, the seed commissioner

shall lift the stop-sale order.

4. The seed commissioner shall do all things necessary and proper to enforce a

stop-sale order issued under this section.

5. Any person subject to a stop-sale order under this section may appeal the order to a

court of competent jurisdiction.
N.D. Cent. Code § 41-03-31 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-31
41-03-31. (3-305) Defenses and claims in recoupment
Status: in_force

41-03-31. (3-305) Defenses and claims in recoupment

1. Except as stated in subsection 2, the right to enforce the obligation of a party to pay

the instrument is subject to the following:

a. A defense of the obligor based on infancy of the obligor to the extent it is a

defense to a simple contract, duress, lack of legal capacity, or illegality of the

transaction that nullifies the obligation of the obligor; fraud that induced the

obligor to sign the instrument with neither knowledge nor reasonable opportunity

to learn of its character or its essential terms; and discharge of the obligor in

insolvency proceedings.

b. A defense of the obligor stated in another section of this chapter or a defense of

the obligor that would be available if the person entitled to enforce the instrument

were enforcing a right to payment under a simple contract.

c. A claim in recoupment of the obligor against the original payee of the instrument if

the claim arose from the transaction that gave rise to the instrument. The claim of

the obligor may be asserted against a transferee of the instrument only to reduce

the amount owing on the instrument at the time the action is brought.

2. The right of a holder in due course to enforce the obligation of a party to pay the

instrument is subject to defenses of the obligor stated in subdivision a of subsection 1,

but is not subject to defenses of the obligor stated in subdivision b of subsection 1 or

claims in recoupment stated in subdivision c of subsection 1 against a person other

than the holder.

3. Except as stated in subsection 4, in an action to enforce the obligation of a party to

pay the instrument, the obligor may not assert against the person entitled to enforce

the instrument a defense, claim in recoupment, or claim to the instrument (section

41-03-32) of another person, but the other person's claim to the instrument may be

asserted by the obligor if the other person is joined in the action and personally asserts

the claim against the person entitled to enforce the instrument. An obligor is not

obliged to pay the instrument if the person seeking enforcement of the instrument does

not have rights of a holder in due course and the obligor proves that the instrument is

a lost or stolen instrument.

4. In an action to enforce the obligation of an accommodation party to pay an instrument,

the accommodation party may assert the person entitled to enforce the instrument any

defense of claim in recoupment under subsection 1 that the accommodated party

could assert against the person entitled to enforce the instrument, except the defenses

of discharge in insolvency proceedings, infancy, or lack of legal capacity.
N.D. Cent. Code § 4.1-10-03 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-03
4.1-10-03. North Dakota potato council - Membership - Term
Status: in_force

4.1-10-03. North Dakota potato council - Membership - Term

1. The North Dakota potato council is composed of one participating producer elected

from each of the five districts established in section 4.1-10-02.

2. Each member of the council must be a United States citizen.

3. Each member of the council must be a resident of and participating producer in the

district that the member represents.

4. The term of each elected member is three years and begins on July 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 that member ceases to possess any of the

qualifications provided for in this chapter, that member's office is deemed vacant and

the council 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 § 41-08-39 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-39
41-08-39. (8-406) Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate
Status: in_force

41-08-39. (8-406) Obligation to notify issuer of lost, destroyed, or wrongfully taken

security certificate.

If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the

owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of

it and the issuer registers a transfer of the security before receiving notification, the owner may

not assert against the issuer a claim for registering the transfer under section 41-08-37 or a

claim to a new security certificate under section 41-08-38.
N.D. Cent. Code § 4.1-58-36 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-36
4.1-58-36. Insurance - Cancellation - Suspension of license
Status: in_force

4.1-58-36. Insurance - Cancellation - Suspension of license

An insurance company shall give at least ten days' notice to the commissioner and the

insured by certified mail return receipt requested before cancellation of an insurance policy

required under section 4.1-58-35. The warehouseman shall notify each receiptholder having

grain stored in the warehouse the grain must be removed from the warehouse or the grain will

be priced and redeemed in cash in accordance with section 4.1-58-40.
N.D. Cent. Code § 4.1-01-21.1 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-21.1
4.1-01-21.1. Environmental impact mitigation fund - Report to legislative management - Continuing appropriation - Investments
Status: in_force

4.1-01-21.1. Environmental impact mitigation fund - Report to legislative

management - Continuing appropriation - Investments.

1. There is created in the state treasury the environmental impact mitigation fund. The

fund consists of all moneys deposited in the fund under section 49-22-09.2 and all

interest or investment earnings upon moneys in the fund. All moneys in the fund are

appropriated to the commissioner on a continuing basis for disbursement by the

commissioner in accordance with this section. The state treasurer may invest moneys

in the fund in accordance with section 21-10-07.

2. Moneys in the fund may be used only for:

a. Consultation with environmental scientists or engineers, industry specialists, or

others for relevant services to analyze or implement mitigation required from the

impact of development;

b. Creation, restoration, or mitigation of similar habitat affected by the construction

or operation of an energy conversion or transmission facility. Mitigation of adverse

impacts from development under this section shall be conducted in the following

order of priority:

(1) The area immediately impacted by the development;

(2) The county impacted by the development;

(3) The region impacted by the development; and

(4) Other areas within the state; and

c. Purchasing and maintaining easements or leaseholds.

3. The commissioner is not subject to chapter 54-44.4 when contracting for services

under this chapter.

4. In consultation with the federal environmental law impact review committee, the

commissioner shall adopt rules pursuant to chapter 28-32 to implement the provisions

of this section.

5. Easements or leaseholds purchased by a person to mitigate adverse environmental

effects of the construction or operation of an energy conversion or transmission facility

under chapter 49-22 must be limited to the operational life of the facility as defined

under chapter 49-22. Any payment made to mitigate adverse environmental effects of

the construction or operation of an energy conversion or transmission facility under

section 49-22-09.2 must be made to the commissioner who shall deposit the payment

into the environmental impact mitigation fund. Prior to the public service commission

issuing a permit or certificate to an applicant under chapter 49-22, the commissioner

shall notify the public service commission of mitigation efforts under this section to

create, restore, or mitigate similar habitat affected by the construction or operation of

an energy conversion or transmission facility.

6. The commissioner shall provide a biennial report of environmental impact mitigation

fund disbursements to the legislative management.

7. For purposes of this section, the environmental impact mitigation fund is not subject to

subsection 2 of section 4.1-01-18.
N.D. Cent. Code § 4.1-57-14 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-14
4.1-57-14. Report - Notice to claimants - Payment of claims
Status: in_force

4.1-57-14. Report - Notice to claimants - Payment of claims

Upon recovery of the trust fund, or so much of the fund as is possible to recover or

necessary to pay all outstanding claims, the seed commissioner shall file a report in court

showing the amount payable on each claim. If the fund is insufficient to pay all claims in full, the

seed commissioner shall prorate the fund among the claimants. The court shall notify the

claimants by mail regarding the proposed distribution and direct that the claimants show cause

why the report should not be approved and distribution made in accordance with the report.

After holding a hearing on the matter, the court shall approve or modify the report, issue an

order directing the distribution of the fund, and discharge the seed commissioner from all duties

as trustee.
N.D. Cent. Code § 41-01-10 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-10
41-01-10. (1-202) Notice - Knowledge
Status: in_force

41-01-10. (1-202) Notice - Knowledge

1. Subject to subsection 6, a person has "notice" of a fact if the person:

a. Has actual knowledge of that fact;

b. Has received a notice or notification of that fact; or

c. From all the facts and circumstances known to the person at the time in question,

has reason to know that that fact exists.

2. "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.

3. "Discover", "learn", or words of similar import refer to knowledge rather than to reason

to know.

4. A person "notifies" or "gives" a notice or notification to another person by taking such

steps as may be reasonably required to inform the other person in ordinary course,

whether or not the other person actually comes to know of it.

5. Subject to subsection 6, a person "receives" a notice or notification when:

a. It comes to that person's attention; or

b. It is duly delivered in a form reasonable under the circumstances at the place of

business through which the contract was made or at another location held out by

that person as the place for receipt of such communications.

6. Notice, knowledge, or a notice or notification received by an organization is effective

for a particular transaction from the time it is brought to the attention of the individual

conducting that transaction and, in any event, from the time it would have been

brought to the individual's attention if the organization had exercised due diligence. An

organization exercises due diligence if the organization maintains reasonable routines

for communicating significant information to the person conducting the transaction and

there is reasonable compliance with the routines. Due diligence does not require an

individual acting for the organization to communicate information unless the

communication is part of the individual's regular duties or the individual has reason to

know of the transaction and that the transaction would be materially affected by the

information.
N.D. Cent. Code § 41-02-50 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-50
41-02-50. (2-502) Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency
Status: in_force

41-02-50. (2-502) Buyer's right to goods on seller's repudiation, failure to deliver, or

insolvency.

1. Subject to subsections 2 and 3 and even though the goods have not been shipped, a

buyer who has paid a part or all of the price of goods in which the buyer has a special

property under the provisions of section 41-02-49 may on making and keeping good a

tender of any unpaid portion of their price recover them from the seller if:

a. In the case of goods bought for personal, family, or household purposes, the

seller repudiates or fails to deliver as required by the contract; or

b. In all cases, the seller becomes insolvent within ten days after receipt of the first

installment on their price.

2. The buyer's right to recover the goods under subdivision a of subsection 1 vests upon

acquisition of a special property, even if the seller had not then repudiated or failed to

deliver.

3. If the identification creating the buyer's special property has been made by the buyer,

the buyer acquires the right to recover the goods only if they conform to the contract

for sale.
N.D. Cent. Code § 4.1-31-15 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-15
4.1-31-15. Records - Retention
Status: in_force

4.1-31-15. Records - Retention

Any person subject to the recordkeeping requirements of this chapter shall maintain the

records for the period prescribed by the commissioner.
N.D. Cent. Code § 41-02-81 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-81
41-02-81. (2-702) Seller's remedies on discovery of buyer's insolvency
Status: in_force

41-02-81. (2-702) Seller's remedies on discovery of buyer's insolvency

1. When the seller discovers the buyer to be insolvent, the seller may refuse delivery

except for cash including payment for all goods theretofore delivered under the

contract, and stop delivery under this chapter (section 41-02-84).

2. If the seller discovers that the buyer has received goods on credit while insolvent the

seller may reclaim the goods upon demand made within ten days after the receipt, but

if misrepresentation of solvency has been made to the particular seller in writing within

three months before delivery, the ten-day limitation does not apply. Except as provided

in this subsection, the seller may not base a right to reclaim goods on the buyer's

fraudulent or innocent misrepresentation of solvency or of intent to pay.

3. The seller's right to reclaim under subsection 2 is subject to the rights of a buyer in

ordinary course or other good-faith purchaser under this chapter (section 41-02-48).

Successful reclamation of goods excludes all other remedies with respect to them.

4. Notwithstanding any other provision of this section, a producer of agricultural products,

upon discovery of the buyer's insolvency, may reclaim the products within ten days

after the receipt, but if misrepresentation of solvency has been made to the producer

in writing within three months before delivery, the ten-day limitation does not apply.

The producer's right to reclaim is not subject to the rights of a buyer in the ordinary

course of business or other good-faith purchaser.
N.D. Cent. Code § 41-09-37 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-37
41-09-37. (9-317) Interests that take priority over or take free of security interest or agricultural lien
Status: in_force

41-09-37. (9-317) Interests that take priority over or take free of security interest or

agricultural lien.

1. A security interest or an agricultural lien is subordinate to the rights of:

a. A person entitled to priority under section 41-09-42; and

b. Except as otherwise provided in subsection 5, a person that becomes a lien

creditor before the earlier of the time:

(1) The security interest or agricultural lien is perfected; or

(2) One of the conditions specified in subdivision c of subsection 2 of section

41-09-13 is met and a financing statement covering the collateral is filed.

2. Except as otherwise provided in subsection 5, a buyer, other than a secured party, of

goods, instruments, tangible documents, or a certificated security takes free of a

security interest or agricultural lien if the buyer gives value and receives delivery of the

collateral without knowledge of the security interest or agricultural lien and before it is

perfected.

3. Except as otherwise provided in subsection 5, a lessee of goods takes free of a

security interest or agricultural lien if the lessee gives value and receives delivery of

the collateral without knowledge of the security interest or agricultural lien and before it

is perfected.

4. Subject to subsections 6 through 9, a licensee of a general intangible or a buyer, other

than a secured party, of collateral other than electronic money, goods, instruments,

tangible documents, or a certificated security takes free of a security interest if the

licensee or buyer gives value without knowledge of the security interest and before it is

perfected.

5. Except as otherwise provided in sections 41-09-40 and 41-09-41, if a person files a

financing statement with respect to a purchase-money security interest before or within

twenty days after the debtor receives delivery of the collateral, the security interest

takes priority over the rights of a buyer, lessee, or lien creditor which arise between the

time the security interest attaches and the time of filing.

6. A buyer, other than a secured party, of chattel paper takes free of a security interest if,

without knowledge of the security interest and before it is perfected, the buyer gives

value and:

a. Receives delivery of each authoritative tangible copy of the record evidencing the

chattel paper; and

b. If each authoritative electronic copy of the record evidencing the chattel paper

can be subjected to control under section 41-09-05, obtains control of each

authoritative electronic copy.

7. A buyer of an electronic document takes free of a security interest if, without

knowledge of the security interest and before it is perfected, the buyer gives value and,

if each authoritative electronic copy of the document can be subjected to control under

section 41-07-06, obtains control of each authoritative electronic copy.

8. A buyer of a controllable electronic record takes free of a security interest if, without

knowledge of the security interest and before it is perfected, the buyer gives value and

obtains control of the controllable electronic record.

9. A buyer, other than a secured party, of a controllable account or a controllable

payment intangible takes free of a security interest if, without knowledge of the security

interest and before it is perfected, the buyer gives value and obtains control of the

controllable account or controllable payment intangible.
N.D. Cent. Code § 4.1-26-09 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-09
4.1-26-09. Milk marketing areas - Boundaries
Status: in_force

4.1-26-09. Milk marketing areas - Boundaries

1. The milk marketing board shall divide the state into milk marketing areas.

2. All real property in the state must belong to a milk marketing area.

3. The board may increase the number of marketing areas in the state, decrease the

number of marketing areas in the state, or alter the boundaries of marketing areas,

provided the board holds a hearing in accordance with chapter 28-32 and considers:

a. Testimony and documentary evidence regarding the production, distribution, and

sale of milk products and frozen dairy products in the areas;

b. The regulation of prices paid by processors for raw milk in accordance with

federal milk marketing orders; and

c. Any other factors affecting implementation of this chapter.
N.D. Cent. Code § 4.1-83-05 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-05
4.1-83-05. Application for license - Posting of bond
Status: in_force

4.1-83-05. Application for license - Posting of bond

1. As a condition of licensure, the applicant shall post a bond with the agriculture

commissioner. The bond must be:

a. A surety bond;

b. A cash bond; or

c. An irrevocable letter of credit.

2. The agriculture commissioner must be named as the obligee.

3. The bond required by this section must be:

a. In an amount and form required by this chapter;

b. Applicable to the period during which the livestock dealer's license is in effect;

c. For the benefit of any person selling livestock to the livestock dealer or the

dealer's agent; and

d. Conditioned for the payment of any financial obligation owed by a livestock dealer

to another person in conjunction with the sale of livestock.