N.D. Cent. Code § 4.1-20-39 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-39
4.1-20-39. State agencies to cooperate with district supervisors
Status: in_force

4.1-20-39. State agencies to cooperate with district supervisors

Agencies of this state having jurisdiction over any state-owned lands, and agencies of any

county or other political subdivision of this state having jurisdiction over any county-owned or

other publicly owned lands lying within the boundaries of any district shall cooperate to the

fullest extent with the supervisors of the district in the effectuation of programs and operations

undertaken by the supervisors under this chapter. The supervisors have free access to enter

and perform work upon such publicly owned lands. The provisions of land use regulations

adopted under this chapter have the force and effect of law over all such publicly owned lands

and must be in all respects observed by the agencies administering such lands.
N.D. Cent. Code § 41-03-16 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-16
41-03-16. (3-116) Joint and several liability - Contribution
Status: in_force

41-03-16. (3-116) Joint and several liability - Contribution

1. Except as otherwise provided in the instrument, two or more persons who have the

same liability on an instrument as makers, drawers, acceptors, endorsers who are

endorsing joint payees, or anomalous endorsers are jointly and severally liable in the

capacity in which they sign.

2. Except as provided in subsection 5 of section 41-03-56 or by agreement of the

affected parties, a party having joint and several liability that pays the instrument is

entitled to receive from any party having the same joint and several liability

contribution in accordance with applicable law.

3. Discharge of one party having joint and several liability by a person entitled to enforce

the instrument does not affect the right under subsection 2 of a party having the same

joint and several liability to receive contribution from the party discharged.
N.D. Cent. Code § 41-05-15 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-15
41-05-15. (5-115) Statute of limitations
Status: in_force

41-05-15. (5-115) Statute of limitations

An action to enforce a right or obligation arising under this chapter must be commenced

within one year after the expiration date of the relevant letter of credit or one year after the claim

for relief accrues, whichever occurs later. A claim for relief accrues when the breach occurs,

regardless of the aggrieved party's lack of knowledge of the breach.
N.D. Cent. Code § 4.1-16-15 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-15
4.1-16-15. Quarantine - Declaration - Hearing - Penalty
Status: in_force

4.1-16-15. Quarantine - Declaration - Hearing - Penalty

1. a. If the agriculture commissioner determines that a quarantine of this state or any

portion thereof may be necessary to eradicate or control the spread of disease,

insects, or pests, within the apicultural industry, the commissioner shall schedule

a public hearing on the matter and provide notice of the hearing by publishing its

time, place, and date in the official newspaper of each county having land within

the proposed quarantine area.

b. If after the hearing the commissioner orders the imposition of a quarantine, the

order must include the date by which or the circumstances under which the

commissioner shall lift the quarantine order.

2. If the commissioner determines that the imposition of an emergency quarantine is

necessary to eradicate or control the spread of disease, insects, or pests, within the

apicultural industry, the commissioner may impose such an order for a period not

exceeding fourteen days. Within the fourteen-day period, the commissioner shall hold

a public hearing as provided for in subsection 1 and determine whether a quarantine

order under subsection 1 should be imposed.

3. Following the establishment of a quarantine, the movement of any colonies, hives, or

other beekeeping equipment, described in the quarantine order, is subject to the order.

4. For purposes of this section, "insects" include Africanized honeybees.
N.D. Cent. Code § 4.1-01-06 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-06
4.1-01-06. Expenditures authorized - Who to approve vouchers - Qualifications of hunters and trappers hired - When bounties not payable
Status: in_force

4.1-01-06. Expenditures authorized - Who to approve vouchers - Qualifications of

hunters and trappers hired - When bounties not payable.

The commissioner may authorize expenditures from funds available for equipment,

supplies, and other expenses, including expenditures for personal services of hunters and

trappers, as may be necessary to execute the functions of the commissioner under section
N.D. Cent. Code § 4.1-01.1-02 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-02
4.1-01.1-02. Agricultural products utilization commission - Authority
Status: in_force

4.1-01.1-02. Agricultural products utilization commission - Authority

1. The North Dakota agricultural products utilization commission may apply for, accept,

and expend any appropriation, grant, gift, or service made available from public or

private sources.

2. The commission may administer grant programs including:

a. A basic and applied research grant program;

b. A utilization and marketing grant program;

c. A cooperative marketing grant program;

d. A nature-based tourism grant program;

e. A technical assistance grant program for value-added businesses;

f. A farm diversification grant program;

g. An agricultural prototype development grant program;

h. An agricultural technologies grant program; and

i. A North American marketing grant program.

3. As a condition of any grant administered by the commission, the commission may

require the recipient repay some or all of the grant if the recipient does not fulfill the

conditions of the grant. Repayment may be monetary or any other type or method

determined by the commission.
N.D. Cent. Code § 4.1-04-07 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-07
4.1-04-07. Council members - Compensation
Status: in_force

4.1-04-07. 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 officials if the member is attending meetings or

performing duties directed by the council.
N.D. Cent. Code § 41-09-82 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-82
41-09-82. (9-511) Secured party of record
Status: in_force

41-09-82. (9-511) Secured party of record

1. A secured party of record with respect to a financing statement is a person whose

name is provided as the name of the secured party or a representative of the secured

party in an initial financing statement that has been filed. If an initial financing

statement is filed under subsection 1 of section 41-09-85, the assignee named in the

initial financing statement is the secured party of record with respect to the financing

statement.

2. If an amendment of a financing statement which provides the name of a person as a

secured party or a representative of a secured party is filed, the person named in the

amendment is a secured party of record. If an amendment is filed under subsection 2

of section 41-09-85, the assignee named in the amendment is a secured party of

record.

3. A person remains a secured party of record until the filing of an amendment of the

financing statement which deletes the person.
N.D. Cent. Code § 4.1-33-20 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-20
4.1-33-20. Penalties
Status: in_force

4.1-33-20. Penalties

1. Any person other than a private applicator who knowingly violates this chapter is guilty

of a class A misdemeanor.

2. Any private applicator who knowingly violates this chapter is guilty of a class B

misdemeanor.

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

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

in every case be also deemed to be the act, omission, or failure of such person as well

as that of the person employed.

4. A person who violates this chapter or the rules adopted under this chapter is subject to

a civil penalty not to exceed five thousand dollars for each violation. The civil penalty

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

through an adjudicative proceeding pursuant to chapter 28-32. The assessment of a

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

chapter, or rules adopted under this chapter.

5. After providing an opportunity for a hearing, the commissioner may deny, suspend,

revoke, or modify the provision of any certification issued under this chapter, if the

commissioner determines that the applicant for certification or the holder of a

certificate has violated this chapter or any rules adopted under this chapter, or has a

criminal conviction subject to a final order imposing a civil penalty under section 136l

of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.].
N.D. Cent. Code § 41-09-102 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-102
41-09-102. (9-605) Unknown debtor or secondary obligor
Status: in_force

41-09-102. (9-605) Unknown debtor or secondary obligor

1. Except as provided in subsection 2, a secured party does not owe a duty based on its

status as secured party:

a. To a person that is a debtor or obligor, unless the secured party knows:

(1) That the person is a debtor or obligor;

(2) The identity of the person; and

(3) How to communicate with the person; or

b. To a secured party or lienholder that has filed a financing statement against a

person, unless the secured party knows:

(1) That the person is a debtor; and

(2) The identity of the person.

2. A secured party owes a duty based on its status as a secured party to a person if, at

the time the secured party obtains control of collateral that is a controllable account,

controllable electronic record, or controllable payment intangible or at the time the

security interest attaches to the collateral, whichever is later:

a. The person is a debtor or obligor; and

b. The secured party knows that the information in subdivision a of subsection 1

relating to the person is not provided by the collateral, a record attached to or

logically associated with the collateral, or the system in which the collateral is

recorded.
N.D. Cent. Code § 41-01-20 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-20
41-01-20. (1-306) Waiver or renunciation of claim or right after breach
Status: in_force

41-01-20. (1-306) Waiver or renunciation of claim or right after breach

A claim or right arising out of an alleged breach may be discharged in whole or in part

without consideration by agreement of the aggrieved party in a signed record.
N.D. Cent. Code § 4.1-41-03 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-03
4.1-41-03. Product registration
Status: in_force

4.1-41-03. Product registration

Each commercial feed manufacturer required to be licensed under this chapter shall register

all feeds distributed in this state with the agriculture commissioner, at the time and in the

manner required by the commissioner. This section does not apply to customer-formula feeds.
N.D. Cent. Code § 4.1-25-07 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-07
4.1-25-07. Financial basis for license - Statement to producer - Notification to department
Status: in_force

4.1-25-07. Financial basis for license - Statement to producer - Notification to

department.

All milk purchasers licensed under section 4.1-25-02 shall inform producers of the financial

basis on which the license was issued, including the type and amount of security, if any, filed

under section 4.1-25-06, by an annual written statement to each producer. A person may not

receive milk that will increase the amount due and accrued beyond the amount represented as

a basis for the issuance of a license without first notifying the department.
N.D. Cent. Code § 4.1-13-11 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-11
4.1-13-11. Election of chairman - Meetings
Status: in_force

4.1-13-11. Election of chairman - Meetings

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

another to serve as the vice chairman.

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

of the commission within seven days when petitioned to do so by three commission

members.

3. The commission shall meet at least once every calendar quarter.
N.D. Cent. Code § 4.1-16-18 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-18
4.1-16-18. Beekeeping - Agricultural practice
Status: in_force

4.1-16-18. Beekeeping - Agricultural practice

Beekeeping is deemed to be an agricultural practice.
N.D. Cent. Code § 4.1-40.1-06 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-06
4.1-40.1-06. Exemptions
Status: in_force

4.1-40.1-06. Exemptions

1. When clearly and conspicuously identified on a label, soil amending materials under

this subsection are exempt, which include:

a. Hay;

b. Straw;

c. Peat;

d. Leaf mold;

e. Sand;

f. Perlite;

g. Vermiculite;

h. Gypsum; and

i. Vermicompost.

2. Instead of a statement of composition as required in this chapter, the label of the

following soil amendments when clearly and conspicuously identified on the label must

include an ingredient statement, unless specific beneficial substance claims are made:

a. Compost;

b. Garden soil;

c. Landscaping soil or topsoil;

d. Mulch or wood products;

e. Planting mix;

f. Potting mix; and

g. Soilless growing media.

3. The commissioner may exempt soil amendments and other products under this

chapter.
N.D. Cent. Code § 41-09-134 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-134
41-09-134. (9-804) Security interest unperfected before effective date
Status: in_force

41-09-134. (9-804) Security interest unperfected before effective date

A security interest that is an unperfected security interest immediately before this Act takes

effect becomes a perfected security interest:

1. Without further action, when this Act takes effect if the applicable requirements for

perfection under this chapter as amended by this Act are satisfied before or at that

time; or

2. When the applicable requirements for perfection are satisfied if the requirements are

satisfied after that time.
N.D. Cent. Code § 4.1-59-13 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-13
4.1-59-13. Scale ticket - Contents
Status: in_force

4.1-59-13. Scale ticket - Contents

Every grain buyer, upon receiving grain, shall issue a uniform scale ticket or comparable

receipt for each load of grain received. Receipts must be numbered consecutively and one copy

of each receipt must be retained and remain as a permanent record. The original receipt must

be delivered to the person from which the grain is received, upon each load of grain.
N.D. Cent. Code § 41-02.1-40 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-40
41-02.1-40. (2A-310) Lessor's and lessee's rights when goods become accessions
Status: in_force

41-02.1-40. (2A-310) Lessor's and lessee's rights when goods become accessions

1. Goods are "accessions" when they are installed in or affixed to other goods.

2. The interest of a lessor or a lessee under a lease contract entered into before the

goods became accessions is superior to all interests in the whole except as stated in

subsection 4.

3. The interest of a lessor or a lessee under a lease contract entered into at the time or

after the goods became accessions is superior to all subsequently acquired interests

in the whole except as stated in subsection 4 but is subordinate to interests in the

whole existing at the time the lease contract was made unless the holders of such

interests in the whole have in writing consented to the lease or disclaimed an interest

in the goods as part of the whole.

4. The interest of a lessor or a lessee under a lease contract described in subsection 2 or

3 is subordinate to the interest of:

a. A buyer in the ordinary course of business or a lessee in the ordinary course of

business of any interest in the whole acquired after the goods became

accessions.

b. A creditor with a security interest in the whole perfected before the lease contract

was made to the extent that the creditor makes subsequent advances without

knowledge of the lease contract.

5. When under subsection 2 or 3 a lessor or a lessee of accessions holds an interest that

is superior to all interests in the whole, the lessor or the lessee may on default,

expiration, termination, or cancellation of the lease contract by the other party, but

subject to the provisions of the lease contract and this chapter, or if necessary to

enforce the lessor's or lessee's other rights and remedies under this chapter, remove

the goods from the whole, free and clear of all interests in the whole. However, the

lessor or the lessee must reimburse any holder of an interest in the whole, who is not

the lessee and who has not otherwise agreed, for the cost of repair of any physical

injury but not for any diminution in value of the whole caused by the absence of the

goods removed or by any necessity for replacing them. A person entitled to

reimbursement may refuse permission to remove until the party seeking removal gives

adequate security for the performance of this obligation.
N.D. Cent. Code § 4.1-52-05 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-05
4.1-52-05. Seed commission - Appointment of proxy
Status: in_force

4.1-52-05. Seed commission - Appointment of proxy

If a member of the seed commission is unable to attend a meeting of the commission, the

member may appoint a proxy. The appointment must be in writing and must be presented to the

chairman. The vote of the proxy is final.
N.D. Cent. Code § 4.1-28-01 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-01
4.1-28-01. Definitions
Status: in_force

4.1-28-01. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Internet livestock auction" means a place or establishment conducted or operated for

compensation or profit as a public market where livestock located in this state is sold

or offered for sale at a facility or website within or outside the state through the use of

the internet.

3. "Livestock" means horses, mules, cattle, swine, sheep, farmed elk, and goats.

4. "Representative" means a dealer licensed under chapter 4.1-83 or a livestock auction

market licensed under chapter 4.1-27.

5. "Video livestock auction market" means a place or establishment conducted or

operated for compensation or profit as a public market where livestock located in this

state is sold or offered for sale at a facility within or outside the state through the use of

video at a public auction.
N.D. Cent. Code § 41-04.1-05 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-05
41-04.1-05. (4A-105) Other definitions
Status: reserved

41-04.1-05. (4A-105) Other definitions

1. In this chapter:

a. "Authorized account" means a deposit account of a customer in a bank

designated by the customer as a source of payment of payment orders issued by

the customer to the bank. If a customer does not so designate an account, any

account of the customer is an authorized account if payment of a payment order

from that account is not inconsistent with a restriction on the use of that account.

b. "Bank" means a person engaged in the business of banking and includes a

savings bank, savings and loan association, credit union, and trust company. A

branch or separate office of a bank is a separate bank for purposes of this

chapter.

c. "Customer" means a person, including a bank, having an account with a bank or

from whom a bank has agreed to receive payment orders.

d. "Funds-transfer business day" of a receiving bank means the part of a day during

which the receiving bank is open for the receipt, processing, and transmittal of

payment orders and cancellations and amendments of payment orders.

e. "Funds-transfer system" means a wire transfer network, automated

clearinghouse, or other communication system of a clearinghouse or other

association of banks through which a payment order by a bank may be

transmitted to the bank to which the order is addressed.

f. (Reserved).

g. "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.

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

a. "Acceptance". Section 41-04.1-17.

b. "Beneficiary". Section 41-04.1-03.

c. "Beneficiary's bank". Section 41-04.1-03.

d. "Executed". Section 41-04.1-21.

e. "Execution date". Section 41-04.1-21.

f. "Funds transfer". Section 41-04.1-04.

g. "Funds-transfer system rule". Section 41-04.1-32.

h. "Intermediary bank". Section 41-04.1-04.

i. "Originator". Section 41-04.1-04.

j. "Originator's bank". Section 41-04.1-04.

k. "Payment by beneficiary's bank to beneficiary". Section 41-04.1-30.

l. "Payment by originator to beneficiary". Section 41-04.1-31.

m. "Payment by sender to receiving bank". Section 41-04.1-28.

n. "Payment date". Section 41-04.1-26.

o. "Payment order". Section 41-04.1-03.

p. "Receiving bank". Section 41-04.1-03.

q. "Security procedure". Section 41-04.1-26.

r. "Sender". Section 41-04.1-03.

3. The following definitions in chapter 41-04 apply to this chapter:

a. "Clearinghouse". Section 41-04-04.

b. "Item". Section 41-04-04.

c. "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 § 41-02-67 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-67
41-02-67. (2-604) Buyer's options as to salvage of rightfully rejected goods
Status: in_force

41-02-67. (2-604) Buyer's options as to salvage of rightfully rejected goods

Subject to the provisions of section 41-02-66 on perishables, if the seller gives no

instructions within a reasonable time after notification of rejection, the buyer may store the

rejected goods for the seller's account or reship them to the seller or resell them for the seller's

account with reimbursement as provided in section 41-02-66. Such action is not acceptance or

conversion.
N.D. Cent. Code § 41-02.1-21 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-21
41-02.1-21. (2A-212) Implied warranty of merchantability
Status: in_force

41-02.1-21. (2A-212) Implied warranty of merchantability

1. Except in a finance lease, a warranty that the goods will be merchantable is implied in

a lease contract if the lessor is a merchant with respect to goods of that kind.

2. Goods to be merchantable must:

a. Pass without objection in the trade under the description in the lease agreement;

b. In the case of fungible goods, be of fair average quality within the description;

c. Be fit for the ordinary purposes for which goods of that type are used;

d. Run, within the variation permitted by the lease agreement, of even kind, quality,

and quantity within each unit and among all units involved;

e. Be adequately contained, packaged, and labeled as the lease agreement may

require; and

f. Conform to any promises or affirmations of fact made on the container or label.

3. Other implied warranties may arise from course of dealing or usage of trade.
N.D. Cent. Code § 41-07-38 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-38
41-07-38. (7-509) Adequate compliance with commercial contract
Status: in_force

41-07-38. (7-509) Adequate compliance with commercial contract

Whether a document of title is adequate to fulfill the obligations of a contract for sale, a

contract for lease, or the conditions of a letter of credit is determined by chapter 41-02, 41-02.1,

or 41-05.
N.D. Cent. Code § 41-02-80 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-80
41-02-80. (2-701) Remedies for breach of collateral contracts not impaired
Status: in_force

41-02-80. (2-701) Remedies for breach of collateral contracts not impaired

Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale

are not impaired by the provisions of this chapter.
N.D. Cent. Code § 4.1-40-11 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-11
4.1-40-11. Rules
Status: in_force

4.1-40-11. Rules

The commissioner may adopt and enforce rules relating to investigational allowances,

definitions, records, licensing, inspection, analysis, labeling, storage, and distribution of

fertilizers, fertilizer material, micronutrients, specialty fertilizers, soil amendments, and plant

amendments.
N.D. Cent. Code § 41-09-75 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-75
41-09-75. (9-504) Indication of collateral
Status: in_force

41-09-75. (9-504) Indication of collateral

A financing statement sufficiently indicates the collateral that it covers if the financing

statement provides:

1. A description of the collateral pursuant to section 41-09-08; or

2. An indication that the financing statement covers all assets or all personal property.
N.D. Cent. Code § 41-09-122 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-122
41-09-122. (9-627) Determination of whether conduct was commercially reasonable
Status: in_force

41-09-122. (9-627) Determination of whether conduct was commercially reasonable

1. The fact that a greater amount could have been obtained by a collection, enforcement,

disposition, or acceptance at a different time or in a different method from that selected

by the secured party is not of itself sufficient to preclude the secured party from

establishing that the collection, enforcement, disposition, or acceptance was made in a

commercially reasonable manner.

2. A disposition of collateral is made in a commercially reasonable manner if the

disposition is made:

a. In the usual manner on any recognized market;

b. At the price current in any recognized market at the time of the disposition; or

c. Otherwise in conformity with reasonable commercial practices among dealers in

the type of property that was the subject of the disposition.

3. A collection, enforcement, disposition, or acceptance is commercially reasonable if it

has been approved:

a. In a judicial proceeding;

b. By a bona fide creditors' committee;

c. By a representative of creditors; or

d. By an assignee for the benefit of creditors.

4. Approval under subsection 3 need not be obtained, and lack of approval does not

mean that the collection, enforcement, disposition, or acceptance is not commercially

reasonable.
N.D. Cent. Code § 41-08-31 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-31
41-08-31. (8-305) Instruction
Status: in_force

41-08-31. (8-305) Instruction

1. If an instruction has been originated by an appropriate person but is incomplete in any

other respect, any person may complete it as authorized and the issuer may rely on it

as completed, even though it has been completed incorrectly.

2. Unless otherwise agreed, a person initiating an instruction assumes only the

obligations imposed by section 41-08-08 and not an obligation that the security will be

honored by the issuer.
N.D. Cent. Code § 4.1-73-14 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-14
4.1-73-14. Recording and rerecording brands - Fee
Status: in_force

4.1-73-14. Recording and rerecording brands - Fee

Each application for recording or rerecording a brand must be accompanied by a fee of fifty

dollars.
N.D. Cent. Code § 41-02-35 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-35
41-02-35. (2-318) Third-party beneficiaries of warranties express or implied
Status: in_force

41-02-35. (2-318) Third-party beneficiaries of warranties express or implied

A seller's warranty, whether express or implied, extends to any person who may reasonably

be expected to use, consume, or be affected by the goods and who is injured by breach of the

warranty. A seller may not exclude or limit the operation of this section with respect to injury to

the person of an individual to whom the warranty extends.
N.D. Cent. Code § 41-02-15 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-15
41-02-15. (2-208) Course of performance or practical construction
Status: repealed

41-02-15. (2-208) Course of performance or practical construction

Repealed by S.L. 2007, ch. 354, § 29.
N.D. Cent. Code § 4.1-03-13 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-13
4.1-03-13. Submission of assessments - Penalty
Status: in_force

4.1-03-13. Submission of assessments - Penalty

1. Any person required to forward assessments to the commission in accordance with

section 4.1-03-12 shall do so no later than the fifteenth day of the month following that

in which the cattle were sold.

2. Any unpaid assessments due pursuant to this chapter must be increased by two

percent on the sixteenth day of each month.

3. Any person who fails to forward assessments as required by this chapter within thirty

days following the month in which the cattle were sold is guilty of a class B

misdemeanor.

4. For purposes of this section, an assessment is deemed to have been forwarded to the

commission:

a. On the date of its postmark if mailed;

b. On the date of its verified shipment if sent by courier; or

c. On the date of its receipt by the commission if delivered personally or

electronically.
N.D. Cent. Code § 41-05-16 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-16
41-05-16. (5-116) Choice of law and forum
Status: in_force

41-05-16. (5-116) Choice of law and forum

1. The liability of an issuer, nominated person, or adviser for action or omission is

governed by the law of the jurisdiction chosen by an agreement in the form of a record

signed by the affected parties or by a provision in the person's letter of credit,

confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear

any relation to the transaction.

2. Unless subsection 1 applies, the liability of an issuer, nominated person, or adviser for

action or omission is governed by the law of the jurisdiction in which the person is

located. The person is considered to be located at the address indicated in the

person's undertaking. If more than one address is indicated, the person is considered

to be located at the address from which the person's undertaking was issued.

3. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of

credit, but not enforcement of a judgment, all branches of a bank are considered

separate juridical entities and a bank is considered to be located at the place where its

relevant branch is considered to be located under subsection 4.

4. A branch of a bank is considered to be located at the address indicated in the branch's

undertaking. If more than one address is indicated, the branch is considered to be

located at the address from which the undertaking was issued.

5. Except as otherwise provided in this subsection, the liability of an issuer, nominated

person, or adviser is governed by any rules of custom or practice, such as the uniform

customs and practice for documentary credits, to which the letter of credit,

confirmation, or other undertaking is expressly made subject. If:

a. This chapter would govern the liability of an issuer, nominated person, or adviser

under subsection 1 or 2;

b. The relevant undertaking incorporates rules of custom or practice; and

c. There is conflict between this chapter and those rules as applied to that

undertaking, those rules govern except to the extent of any conflict with the

nonvariable provisions specified in subsection 3 of section 41-05-03.

6. If there is conflict between this chapter and chapter 41-03, 41-04, 41-04.1, or 41-09,

this chapter governs.

7. The forum for settling disputes arising out of an undertaking within this chapter may be

chosen in the manner and with the binding effect that governing law may be chosen in

accordance with subsection 1.
N.D. Cent. Code § 4.1-57-18.1 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-18.1
4.1-57-18.1. Liability - Potato crop quantity and quality
Status: in_force

4.1-57-18.1. Liability - Potato crop quantity and quality

A warranty of any kind, either expressed or implied, including a warranty of merchantability,

fitness for a particular purpose, absence of disease, varietal identity, or selection identity, is not

made by wholesale potato dealers licensed under this chapter, as to the quantity or quality of

the crop produced from the seed potatoes that were inspected and certified. The sole warranty

is that the potatoes were inspected under the rules of the seed department or the United States

department of agriculture.
N.D. Cent. Code § 41-09-14 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-14
41-09-14. (9-204) After-acquired property - Future advances
Status: in_force

41-09-14. (9-204) After-acquired property - Future advances

1. Except as otherwise provided in subsection 2, a security agreement may create or

provide for a security interest in after-acquired collateral.

2. Subject to subsection 4, a security interest does not attach under a term constituting

an after-acquired property clause to:

a. Consumer goods, other than an accession if given as additional security, unless

the debtor acquires rights in the consumer goods within ten days after the

secured party gives value; or

b. A commercial tort claim.

3. A security agreement may provide that collateral secures, or that accounts, chattel

paper, payment intangibles, or promissory notes are sold in connection with, future

advances or other value, regardless of whether the advances or value is given

pursuant to commitment.

4. Subsection 2 does not prevent a security interest from attaching:

a. To consumer goods as proceeds under subsection 1 of section 41-09-35 or

commingled goods under subsection 3 of section 41-09-56;

b. To a commercial tort claim as proceeds under subsection 1 of section 41-09-35;

or

c. Under an after-acquired property clause to property that is proceeds of consumer

goods or a commercial tort claim.
N.D. Cent. Code § 4.1-55-09 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-09
4.1-55-09. Official inspection locations - Designation
Status: in_force

4.1-55-09. Official inspection locations - Designation

1. The seed commissioner shall designate the locations at which potato shipment

inspections are conducted. In determining the locations, the seed commissioner shall

consider the volume of shipments requiring inspection and the expense of maintaining

the locations.

2. Upon request, the seed commissioner may provide inspection services at locations

other than those designated in subsection 1. The seed commissioner may charge a

fee for conducting any inspections requested under this subsection.
N.D. Cent. Code § 41-01-02 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-02
41-01-02. (1-102) Scope of chapter
Status: in_force

41-01-02. (1-102) Scope of chapter

This chapter applies to a transaction to the extent that the transaction is governed by

another chapter of this title.
N.D. Cent. Code § 4.1-25-02 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-02
4.1-25-02. Licenses required - Fees - Term
Status: in_force

4.1-25-02. Licenses required - Fees - Term

1. The license required by this section must be obtained for each place of business in

this state owned or operated by:

a. A producer-processor, peddler, or distributor;

b. A person purchasing milk or milk products for processing or manufacturing;

c. A person owning, operating, or leasing a creamery, cheese factory, condensery,

drying plant, ice cream plant, ice milk plant, or milk plant;

d. A person owning, operating, or leasing any other business engaged in the

processing or manufacturing of milk or milk products; and

e. An organization acquiring milk or milk products on its own behalf or as an agent

of others.

2. Application for a license must be made to the commissioner upon forms prescribed by

the commissioner. An application for a license constitutes the implied consent of the

applicant for department inspections. If the commissioner finds the applicant conforms

to the North Dakota laws and the rules of the commissioner, the commissioner shall

issue a license to conduct the operations listed on the license.

3. If a licensee wishes to conduct operations other than those listed on an existing

license, the licensee may make an application to the commissioner for a license to

conduct additional operations. If the commissioner finds the additional operations are

in conformance with North Dakota laws and the rules of the commissioner, the

commissioner shall approve them.

4. The license must be posted conspicuously in each licensed business.

5. All licenses issued under this section expire on the thirtieth day of June of each year

and are not transferable.

6. The license fee is twenty-five dollars.

7. Every organization acquiring milk or milk products as an agent of others is deemed to

be a purchaser of milk from a dairy producer.
N.D. Cent. Code § 4.1-01-11 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-11
4.1-01-11. Advisory committee on sustainable agriculture - Creation - Duties - Powers - Compensation - Report to legislative management - Continuing appropriation
Status: repealed

4.1-01-11. Advisory committee on sustainable agriculture - Creation - Duties - Powers

- Compensation - Report to legislative management - Continuing appropriation.

Repealed by S.L. 2023, ch. 74, § 1.
N.D. Cent. Code § 4.1-55-04 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-04
4.1-55-04. Label requirements
Status: in_force

4.1-55-04. Label requirements

1. a. Except as otherwise provided in this subsection, every container of seed potatoes

must be labeled if the potatoes:

(1) Were grown in this state;

(2) Are transported or shipped into this state; or

(3) Are offered for sale or consignment in this state.

b. Subdivision a does not apply to potatoes that are not intended for planting

purposes.

2. The label must:

a. Be plainly printed in English;

b. Indicate the net weight when packed;

c. Indicate the correct grade or designation; and

d. Meet any other criteria established by the seed commissioner.
N.D. Cent. Code § 4.1-44-08 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-08
4.1-44-08. Genetically modified seed - Patent infringement - Sampling - Mediation
Status: in_force

4.1-44-08. Genetically modified seed - Patent infringement - Sampling - Mediation

1. For purposes of this section, "farmer" means the person responsible for planting a

crop on, managing the crop, and harvesting the crop from land on which a patent

infringement is alleged to have occurred.

2. a. Before a person holding a patent on a genetically modified seed may enter upon

any land farmed by another for the purpose of obtaining crop samples to

determine whether patent infringement has occurred, the person holding the

patent shall:

(1) Provide written notice to the agriculture commissioner of the person's belief

that a patent infringement has occurred and include facts supporting the

allegation;

(2) Provide written notice to the farmer of the allegation that a patent

infringement has occurred and request written permission to enter upon the

farmer's land; and

(3) Obtain the written permission of the farmer.

b. If the farmer withholds written permission, the person holding a patent may

petition the district court of the judicial district in which the property is located for

an order granting permission to enter upon the farmer's land.

3. The farmer may accompany the person holding the patent at the time any samples are

taken.

4. If requested by the farmer or the person holding the patent, the state seed

commissioner shall accompany the person holding the patent at the time any sample

is taken. The state seed commissioner may impose a fee for providing that service.

The patent holder and the farmer shall each pay one-half of the fee charged by the

commissioner.

5. If the person holding a patent believes that the crop from which samples are to be

taken may be subject to intentional damage or destruction, the person may seek a

protection order from the district court. The protection order may not interrupt or

interfere with normal farming practices, including harvest and tillage.

6. The person holding the patent may take samples from a standing crop, from

representative standing plants in the field, or from crops remaining in the field after

harvest.

7. The person holding the patent may not obtain more samples than are reasonably

necessary to make a determination regarding patent infringement. An equal number of

samples must remain in the custody of the state seed commissioner or the farmer for

future comparison and verification purposes. All samples taken must be placed in

containers labeled as to the date, time, and location from which they were taken. The

labels must be signed by the farmer, the person who took the samples, and the state

seed commissioner if the commissioner was present at the time the samples were

taken. The patent holder and the farmer shall share equally the cost of the containers

needed for the second set of samples that are retained by the state seed

commissioner or the farmer. The farmer and the person holding the patent shall share

equally the cost of the containers and the cost of obtaining the samples.

8. Within sixty days from the date the samples are taken, an independent laboratory shall

conduct all tests to determine whether patent infringement has occurred. The person

holding the patent shall notify the farmer of the test results, by certified mail or by any

other method of delivery for which a signature is required, within twenty-one days from

the date the results were reported to the person holding the patent.

9. The parties may participate in mediation at any time. The mediation must be

conducted by a mediator jointly selected by the farmer and the person holding the

patent. If the farmer and the person holding the patent are unable to select a mediator,

the mediation must be conducted by an independent mediation service.

10. If the case is not settled after mediation, either party may file a claim for relief with the

federal district court having jurisdiction over the claim. Unless otherwise specified in a

contract between the farmer and the person holding the patent, the appropriate state

district court is the one that has jurisdiction over that portion of this state in which the

farmer's land is located.
N.D. Cent. Code § 4.1-53-58 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-58
4.1-53-58. Certificates and reports - Publication
Status: in_force

4.1-53-58. Certificates and reports - Publication

If the seed commissioner signs a document relating to the findings and determinations

made in a laboratory by seed department personnel, a court shall accept the document as prima

facie evidence of the statements contained in the document. The seed commissioner is subject

to court order for a review of the findings and determinations set forth in the document.
N.D. Cent. Code § 41-02-60 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-60
41-02-60. (2-512) Payment by buyer before inspection
Status: in_force

41-02-60. (2-512) Payment by buyer before inspection

1. If the contract requires payment before inspection, nonconformity of the goods does

not excuse the buyer from so making payment unless:

a. The nonconformity appears without inspection; or

b. Despite tender of the required documents the circumstances would justify

injunction against honor under this title (section 41-05-09).

2. Payment pursuant to subsection 1 does not constitute an acceptance of goods or

impair the buyer's right to inspect or any of the buyer's remedies.
N.D. Cent. Code § 4.1-32-09 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-09
4.1-32-09. Money collected - Where credited
Status: in_force

4.1-32-09. Money collected - Where credited

Money collected under this chapter must be deposited in the general fund by the state

treasurer.
N.D. Cent. Code § 4.1-23-03 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-03
4.1-23-03. Authority for control measures
Status: in_force

4.1-23-03. Authority for control measures

The commissioner, either independently or in cooperation with political subdivisions,

farmers' associations or similar organizations, individuals, federal agencies, or agencies of other

states, is authorized to carry out operations or measures to locate, suppress, control, eradicate,

prevent, or retard the spread of pests with the consent of the owners of the property involved.
N.D. Cent. Code § 4.1-47-07 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-07
4.1-47-07. County weed board - Jurisdiction
Status: in_force

4.1-47-07. County weed board - Jurisdiction

The jurisdiction of a county weed board extends to all land within the county but does not

include any land within the corporate limits of a city if that city has its own noxious weed control

program under this chapter.
N.D. Cent. Code § 4.1-44-06 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-06
4.1-44-06. North Dakota agricultural hall of fame committee - Members
Status: in_force

4.1-44-06. North Dakota agricultural hall of fame committee - Members

1. The North Dakota agricultural hall of fame committee consists of the following

individuals, each of whom must be selected by the governing body of the entity or the

official to be represented:

a. A representative of the North Dakota winter show;

b. A representative of agricultural media;

c. A representative of agriculture in the area of career and technical education;

d. A representative of the North Dakota stockmen's association;

e. A representative of the North Dakota grain growers association;

f. A representative of the North Dakota oilseed council;

g. A representative of county extension agents;

h. A representative of the agriculture commissioner;

i. A representative of the North Dakota pork producers;

j. A representative of the North Dakota sheep producers;

k. A representative of the national agricultural marketing association;

l. A representative of the North Dakota implement dealers association;

m. A representative of the North Dakota farm bureau;

n. A representative of the North Dakota farmers union; and

o. A representative of the national farmers organization.

2. The committee, by a two-thirds majority, may add a new agricultural organization to

select a representative on the North Dakota agricultural hall of fame committee. The

committee, by a majority vote, may remove the name of an organization that no longer

exists from the North Dakota agricultural hall of fame committee.

3. The representative of the North Dakota winter show shall serve as the chairman of the

committee and the secretary of the North Dakota winter show shall serve as the

secretary of the committee. The chairman shall determine the time and location of all

committee meetings.

4. The committee shall determine the number of nominees to be inducted into the North

Dakota agricultural hall of fame each year. Any person who is nominated for induction

into the North Dakota agricultural hall of fame and fails to receive the requisite votes

for induction but receives at least one vote is automatically carried over for

consideration for induction the following year. The nominee may provide the committee

with updated or additional information to be considered.

5. The committee shall select the inductees by secret ballot and shall announce the

selection at the North Dakota agricultural hall of fame banquet, to be held each year

during the North Dakota winter show. Inductees must receive a plaque and have their

photographs displayed at the North Dakota agricultural hall of fame.
N.D. Cent. Code § 41-02.1-72 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-72
41-02.1-72. (2A-524) Lessor's right to identify goods to lease contract
Status: in_force

41-02.1-72. (2A-524) Lessor's right to identify goods to lease contract

1. A lessor aggrieved under subsection 1 of section 41-02.1-70 may:

a. Identify to the lease contract conforming goods not already identified if at the time

the lessor learned of the default they were in the lessor's or the supplier's

possession or control; and

b. Dispose of goods (subsection 1 of section 41-02.1-74) that demonstrably have

been intended for the particular lease contract even though those goods are

unfinished.

2. If the goods are unfinished, in the exercise of reasonable commercial judgment for the

purposes of avoiding loss and of effective realization, an aggrieved lessor or the

supplier may either complete manufacture and wholly identify the goods to the lease

contract or cease manufacture and lease, sell, or otherwise dispose of the goods for

scrap or salvage value or proceed in any other reasonable manner.
N.D. Cent. Code § 4.1-40-09 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-09
4.1-40-09. Misbranding
Status: in_force

4.1-40-09. Misbranding

1. A person may not distribute a misbranded fertilizer, fertilizer material, micronutrient,

specialty fertilizer, soil amendment, or plant amendment.

2. A fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant

amendment is misbranded if:

a. False or misleading statements concerning the product are disseminated in any

manner or by any means;

b. The product label carries a false or misleading statement;

c. The product is distributed under the name of another product;

d. The product is not labeled as required by this chapter or rules implemented under

this chapter; or

e. The product is inaccurately represented as a fertilizer, or is inaccurately

represented as containing a plant nutrient or fertilizer unless the plant nutrient or

fertilizer conforms to the definition, if any, prescribed in rule by the commissioner.

3. In adopting rules, the commissioner shall consider commonly accepted definitions and

official fertilizer terms such as those issued by the association of American plant food

control officials.
N.D. Cent. Code § 4.1-61-10 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-10
4.1-61-10. Credit-sale contract indemnity fund assessment - Failure to collect assessment - Penalty
Status: in_force

4.1-61-10. Credit-sale contract indemnity fund assessment - Failure to collect

assessment - Penalty.

A person that knowingly or intentionally refuses or fails to collect the assessment required

under this chapter from producers or to submit any assessment collected from producers to the

commissioner for deposit in the credit-sale contract indemnity fund is guilty of a class A

misdemeanor.
N.D. Cent. Code § 41-09-05 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-05
41-09-05. (9-105) Control of electronic copy of record evidencing chattel paper
Status: in_force

41-09-05. (9-105) Control of electronic copy of record evidencing chattel paper

1. A purchaser has control of an authoritative electronic copy of a record evidencing

chattel paper if a system employed for evidencing the assignment of interests in the

chattel paper reliably establishes the purchaser as the person to which the

authoritative electronic copy was assigned.

2. A system satisfies subsection 1 if the record or records evidencing the chattel paper

are created, stored, and assigned in such a manner that:

a. A single authoritative copy of the record or records exists which is unique,

identifiable, and, except as otherwise provided in subdivisions d, e, and f,

unalterable;

b. The authoritative copy identifies the purchaser as the assignee of the record or

records;

c. The authoritative copy is communicated to and maintained by the purchaser or its

designated custodian;

d. Copies or amendments that add or change an identified assignee of the

authoritative copy can be made only with the consent of the purchaser;

e. Each copy of the authoritative copy and any copy of a copy is readily identifiable

as a copy that is not the authoritative copy; and

f. Any amendment of the authoritative copy is readily identifiable as authorized or

unauthorized.

3. A system satisfies subsection 1, and a purchaser has control of an authoritative

electronic copy of a record evidencing chattel paper, if the electronic copy, a record

attached to or logically associated with the electronic copy, or a system in which the

electronic copy is recorded:

a. Enables the purchaser readily to identify each electronic copy as either an

authoritative copy or a nonauthoritative copy;

b. Enables the purchaser readily to identify itself in any way, including by name,

identifying number, cryptographic key, office, or account number, as the assignee

of the authoritative electronic copy; and

c. Gives the purchaser exclusive power, subject to subsection 4, to:

(1) Prevent others from adding or changing an identified assignee of the

authoritative electronic copy; and

(2) Transfer control of the authoritative electronic copy.

4. Subject to subsection 5, a power is exclusive under subdivision c of subsection 3 even

if:

a. The authoritative electronic copy, a record attached to or logically associated with

the authoritative electronic copy, or a system in which the authoritative electronic

copy is recorded limits the use of the authoritative electronic copy or has a

protocol programmed to cause a change, including a transfer or loss of control; or

b. The power is shared with another person.

5. A power of a purchaser is not shared with another person under subdivision b of

subsection 4 and the purchaser's power is not exclusive if:

a. The purchaser can exercise the power only if the power also is exercised by the

other person; and

b. The other person:

(1) Can exercise the power without exercise of the power by the purchaser; or

(2) Is the transferor to the purchaser of an interest in the chattel paper.

6. If a purchaser has the powers specified in subdivision c of subsection 3, the powers

are presumed to be exclusive.

7. A purchaser has control of an authoritative electronic copy of a record evidencing

chattel paper if another person, other than the transferor to the purchaser of an

interest in the chattel paper:

a. Has control of the authoritative electronic copy and acknowledges that it has

control on behalf of the purchaser; or

b. Obtains control of the authoritative electronic copy after having acknowledged

that it will obtain control of the electronic copy on behalf of the purchaser.
N.D. Cent. Code § 4.1-14-04 — ND Code / Title 4.1 / Chapter 4.1-14 / Section 4.1-14-04
4.1-14-04. Fees - Continuing appropriation
Status: in_force

4.1-14-04. Fees - Continuing appropriation

The agriculture commissioner may set and charge fees for certifying forage in accordance

with this chapter. The commissioner shall deposit moneys collected under this chapter in the

environment and rangeland protection fund.
N.D. Cent. Code § 4.1-10-16 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-16
4.1-10-16. Advisory referendum
Status: in_force

4.1-10-16. Advisory referendum

1. a. When petitioned to do so by 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 proposed legislation to the next regular

session of the legislative assembly to amend this chapter.
N.D. Cent. Code § 41-07-09 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-09
41-07-09. (7-203) Liability for nonreceipt or misdescription
Status: in_force

41-07-09. (7-203) Liability for nonreceipt or misdescription

A party to or purchaser for value in good faith of a document of title, other than a bill of

lading, that relies upon the description of the goods in the document may recover from the

issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent

that:

1. The document conspicuously indicates that the issuer does not know whether all or

part of the goods in fact were received or conform to the description, such as a case in

which the description is in terms of marks or labels or kind, quantity, or condition, or

the receipt or description is qualified by "contents, condition, and quality unknown",

"said to contain", or words of similar import, if the indication is true; or

2. The party or purchaser otherwise has notice of the nonreceipt or misdescription.
N.D. Cent. Code § 4.1-04-11 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-11
4.1-04-11. Collection of assessment - Records
Status: in_force

4.1-04-11. Collection of assessment - Records

1. A designated handler shall collect the assessment from the producer by deducting the

assessment from the purchase price of the corn.

2. Each designated handler shall keep documents regarding all purchases, sales, and

shipments of corn for a period of three years. The records may be examined by the

council upon request.

3. At the time and in the manner prescribed by the council, each designated handler shall

file a report with the council. The report must state, in individual and total amounts, the

quantity of all corn that the designated handler received, sold, or shipped, and the

source of all corn that the designated handler received, sold, or shipped.
N.D. Cent. Code § 4.1-58-31 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-31
4.1-58-31. Grading of grain - Penalty
Status: in_force

4.1-58-31. Grading of grain - Penalty

1. A public warehouseman before testing for grade any grain handled by the

warehouseman shall remove and make due allowance for any dockage of the grain

made by reason of the presence of straw, weed seeds, dirt, or any other foreign

matter.

2. A public warehouseman that violates this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-03-45 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-45
41-03-45. (3-408) Drawee not liable on unaccepted draft
Status: in_force

41-03-45. (3-408) Drawee not liable on unaccepted draft

A check or other draft does not of itself operate as an assignment of funds in the hands of

the drawee available for its payment, and the drawee is not liable on the instrument until the

drawee accepts it.
N.D. Cent. Code § 41-02-97 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-97
41-02-97. (2-718) Liquidation or limitation of damages - Deposits
Status: in_force

41-02-97. (2-718) Liquidation or limitation of damages - Deposits

1. Damages for breach by either party may be liquidated in the agreement but only at an

amount which is reasonable in the light of the anticipated or actual harm caused by the

breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of

otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated

damages is void as a penalty.

2. When the seller justifiably withholds delivery of goods because of the buyer's breach,

the buyer is entitled to restitution of any amount by which the sum of the buyer's

payments exceeds:

a. The amount to which the seller is entitled by virtue of terms liquidating the seller's

damages in accordance with subsection 1; or

b. In the absence of such terms, twenty percent of the value of the total

performance for which the buyer is obligated under the contract or five hundred

dollars, whichever is smaller.

3. The buyer's right to restitution under subsection 2 is subject to offset to the extent that

the seller establishes:

a. A right to recover damages under the provisions of this chapter other than

subsection 1; and

b. The amount or value of any benefits received by the buyer directly or indirectly by

reason of the contract.

4. When a seller has received payment in goods, their reasonable value or the proceeds

of their resale shall be treated as payments for the purposes of subsection 2 but if the

seller has notice of the buyer's breach before reselling goods received in part

performance, the seller's resale is subject to the conditions laid down in this chapter on

resale by an aggrieved seller (section 41-02-85).
N.D. Cent. Code § 4.1-34-07 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-07
4.1-34-07. Enforcement
Status: in_force

4.1-34-07. Enforcement

The commissioner shall examine pesticides or devices for compliance with this chapter. If

after examination the commissioner intends to initiate criminal proceedings against any person,

the commissioner shall cause appropriate notice to be given to the person. Any person notified

must be given an opportunity to present the person's views, either orally or in writing, with

regard to the contemplated proceedings and if thereafter in the opinion of the commissioner it

appears the chapter has been violated by the person, the commissioner shall refer the facts to

the state's attorney for the county in which the violation has occurred with a copy of the results

of the analysis or the examination of the article. The commissioner is not required to report for

prosecution or for the institution of libel proceedings minor violations of this chapter if the

commissioner believes the public interests will be best served by a suitable written notice of

warning. A state's attorney to whom any violation is reported under this section, without delay,

shall cause appropriate proceedings to be instituted and prosecuted in the proper court of

jurisdiction. The commissioner, by publication in the manner the commissioner prescribes, shall

give notice of all judgments entered in actions instituted under the authority of this chapter.
N.D. Cent. Code § 41-09-56 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-56
41-09-56. (9-336) Commingled goods
Status: in_force

41-09-56. (9-336) Commingled goods

1. In this section, "commingled goods" means goods that are physically united with other

goods in such a manner that their identity is lost in a product or mass.

2. A security interest does not exist in commingled goods as such. However, a security

interest may attach to a product or mass that results when goods become commingled

goods.

3. If collateral becomes commingled goods, a security interest attaches to the product or

mass.

4. If a security interest in collateral is perfected before the collateral becomes

commingled goods, the security interest that attaches to the product or mass under

subsection 3 is perfected.

5. Except as otherwise provided in subsection 6, the other provisions of this part

determine the priority of a security interest that attaches to the product or mass under

subsection 3.

6. If more than one security interest attaches to the product or mass under subsection 3,

the following rules determine priority:

a. A security interest that is perfected under subsection 4 has priority over a security

interest that is unperfected at the time the collateral becomes commingled goods.

b. If more than one security interest is perfected under subsection 4, the security

interests rank equally in proportion to the value of the collateral at the time it

became commingled goods.
N.D. Cent. Code § 4.1-05-12 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-12
4.1-05-12. Refund of assessment - Required certification by attorney general
Status: in_force

4.1-05-12. Refund of assessment - Required certification by attorney general

1. When the attorney general certifies to the commission that refunds of assessments

paid in accordance with this chapter are no longer precluded by the Dairy Research

and Promotion Act [7 U.S.C. 4501 et seq.] or by any other applicable law, the

commission may provide refunds to producers.

2. a. To receive a refund of any assessment paid in accordance with this chapter, a

producer shall submit to the commission a written request for refund application

within sixty days after the date of the assessment or final settlement.

b. The producer shall complete the refund application and return the application to

the commission, together with a record of the assessment paid, within ninety

days after the date of the assessment or final settlement. The commission shall

then refund the net amount of the assessment that had been collected.

c. If a request for a refund is not submitted to the commission within the prescribed

time period, the producer is presumed to have agreed to the assessment.
N.D. Cent. Code § 4.1-45-07 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-07
4.1-45-07. Quorum of board of directors to transact business
Status: in_force

4.1-45-07. Quorum of board of directors to transact business

A majority of the board of directors constitutes a quorum for the transaction of business at

any meeting of the board. If less than a majority of the directors are present at a meeting, a

majority of those present may adjourn the meeting from time to time without further notice. The

act of a majority of the directors present at a meeting at which a quorum is present is the act of

the board of directors unless the act of a greater number is required by law or by the bylaws. A

director participating in a meeting through an electronic communication medium may be

considered to be present at the meeting for purposes of this chapter.
N.D. Cent. Code § 41-02.1-42 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-42
41-02.1-42. (2A-401) Insecurity - Adequate assurance of performance
Status: in_force

41-02.1-42. (2A-401) Insecurity - Adequate assurance of performance

1. A lease contract imposes an obligation on each party that the other's expectation of

receiving due performance will not be impaired.

2. If reasonable grounds for insecurity arise with respect to the performance of either

party, the insecure party may demand in writing adequate assurance of due

performance. Until the insecure party receives that assurance, if commercially

reasonable the insecure party may suspend any performance for which the insecure

party has not already received the agreed return.

3. A repudiation of the lease contract occurs if assurance of due performance adequate

under the circumstances of the particular case is not provided to the insecure party

within a reasonable time, not to exceed thirty days after receipt of a demand by the

other party.

4. Between merchants, the reasonableness of grounds for insecurity and the adequacy

of any assurance offered must be determined according to commercial standards.

5. Acceptance of any nonconforming delivery or payment does not prejudice the

aggrieved party's right to demand adequate assurance of future performance.
N.D. Cent. Code § 4.1-12-06 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-06
4.1-12-06. Out-of-state processors
Status: in_force

4.1-12-06. Out-of-state processors

The commissioner may contract with out-of-state processors for the collection and

remittance of the assessment required by section 4.1-12-02.
N.D. Cent. Code § 4.1-58-21 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-21
4.1-58-21. Credit-sale contracts
Status: in_force

4.1-58-21. Credit-sale contracts

1. A warehouseman may not purchase grain by a credit-sale contract except as provided

in this section. All credit-sale contracts must be in writing and must be consecutively

numbered when printing the contract. The warehouseman shall maintain an accurate

record of all credit-sale contract numbers, including the disposition of each numbered

form, whether by execution, destruction, or otherwise. Each credit-sale contract must

contain or provide for:

a. The seller's name and address.

b. The conditions of delivery.

c. The amount and kind of grain delivered.

d. The price per unit or basis of value.

e. The date payment is to be made.

f. The duration of the credit-sale contract.

g. Notice in a clear and prominent manner that the sale is not protected by the bond

coverage provided for in section 4.1-58-11. However, if the warehouseman has

obtained bond coverage in addition to that required by section 4.1-58-11 and that

coverage extends to the benefit of credit-sale contracts, the warehouseman may

state that in the credit-sale contract along with the extent of the coverage.

2. The contract must be signed by both parties and executed in duplicate. An electronic

signature satisfies the requirement. An unsigned contract must be considered an

unconverted scale ticket in accordance with section 4.1-58-15. The warehouseman

shall retain one copy and deliver one copy to the seller. Upon revocation, termination,

or cancellation of a warehouseman's license, the payment date for all credit-sale

contracts, at the seller's option, must be advanced to a date not later than thirty days

after the effective date of the revocation, termination, or cancellation, and the purchase

price for all unpriced grain must be determined as of the effective date of revocation,

termination, or cancellation in accordance with all other provisions of the contract.

When a public warehouse is transferred under this chapter, credit-sale contracts may

be assigned to another licensed public warehouseman.

3. A warehouseman that uses deferred-payment contracts shall inform producers of bond

protection.
N.D. Cent. Code § 41-04.1-26 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-26
41-04.1-26. (4A-401) Payment date
Status: in_force

41-04.1-26. (4A-401) Payment date

"Payment date" of a payment order means the day on which the amount of the order is

payable to the beneficiary by the beneficiary's bank. The payment date may be determined by

instruction of the sender but cannot be earlier than the day the order is received by the

beneficiary's bank and, unless otherwise determined, is the day the order is received by the

beneficiary's bank.
N.D. Cent. Code § 4.1-27-01 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-01
4.1-27-01. Definitions
Status: in_force

4.1-27-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Commissioner" means the agriculture commissioner.

2. "Livestock" means horses, mules, asses, bison, cattle, swine, sheep, farmed elk, and

goats.

3. "Livestock auction market" means a place or establishment conducted or operated for

compensation or profit as a public market or a private buying station, consisting of

pens or other enclosures and their appurtenances; in which livestock is received, held,

or kept for sale; and where that livestock is sold or offered for sale, at either public

auction or private sale.
N.D. Cent. Code § 41-02-26 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-26
41-02-26. (2-309) Absence of specific time provisions - Notice of termination
Status: in_force

41-02-26. (2-309) Absence of specific time provisions - Notice of termination

1. The time for shipment or delivery or any other action under a contract if not provided in

this chapter or agreed upon shall be a reasonable time.

2. If the contract provides for successive performances but is indefinite in duration, it is

valid for a reasonable time but unless otherwise agreed may be terminated at any time

by either party.

3. Termination of a contract by one party except on the happening of an agreed event

requires that reasonable notification be received by the other party and an agreement

dispensing with notification is invalid if its operation would be unconscionable.
N.D. Cent. Code § 4.1-73-07 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-07
4.1-73-07. Numerical brands - Applicability of designated placement provisions
Status: in_force

4.1-73-07. Numerical brands - Applicability of designated placement provisions

The design and placement restrictions set forth in this chapter do not apply to:

1. A numerical brand that was first recorded before July 1,1957, and which has been

continually rerecorded; or

2. An unrecorded numerical brand that is used for purposes such as herd or animal

identification or registration.
N.D. Cent. Code § 4.1-41-07 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-07
4.1-41-07. Customer-formula feed - Label - Content
Status: in_force

4.1-41-07. Customer-formula feed - Label - Content

Any customer-formula feed that is distributed in this state must be labeled.

1. The label must include:

a. The name and address of the manufacturer;

b. The name and address of the purchaser;

c. The date of delivery;

d. The product's name;

e. The quantity statement of each ingredient, including commercial feed;

f. Directions for the safe and effective use of all customer-formula feed containing

drugs and those determined by the commissioner as being necessary; and

g. Any precautionary statement recommended by the commissioner to ensure the

safe and effective use of the feed.

2. If the feed contains drugs, the label must also include:

a. The purpose of each drug;

b. The weight, volume, or quantity, as appropriate, of each drug; and

c. The name of each active ingredient.
N.D. Cent. Code § 4.1-41-19 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-19
4.1-41-19. Deposit of fees
Status: in_force

4.1-41-19. Deposit of fees

The commissioner shall forward all inspection fees, license fees, and registration fees

received under this chapter to the state treasurer. The state treasurer shall deposit the first

seven hundred twenty-seven thousand five hundred dollars of fees received under this chapter

each biennium in the environment and rangeland protection fund and any remaining fees in the

general fund.
N.D. Cent. Code § 4.1-02-07 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-07
4.1-02-07. Quorum
Status: in_force

4.1-02-07. Quorum

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

business.
N.D. Cent. Code § 4.1-03-14 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-14
4.1-03-14. Transaction records - Inspection by commission
Status: in_force

4.1-03-14. Transaction records - Inspection by commission

1. Any person required to collect or submit an assessment under this chapter shall keep

a record of:

a. The number of cattle:

(1) Purchased;

(2) Initially transferred; and

(3) Otherwise subject to assessment under this chapter;

b. The date of any transaction involving cattle referenced in subdivision a;

c. The name of the person who sold the cattle;

d. The number of cattle imported or the equivalent of beef or beef products;

e. The amount of any assessment forwarded;

f. The reason for any discrepancy between the amount forwarded and the dollar

amount obtained when multiplying the number of cattle referenced in subdivision

a by the per head assessment; and

g. The date on which any assessment was paid.

2. All records required by this section and any records required to verify other information

provided to the commission in accordance with this chapter must be:

a. Maintained for a period of at least three years; and

b. Made available for inspection by the commission upon request.
N.D. Cent. Code § 4.1-73-02 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-02
4.1-73-02. Brand - Application for ownership
Status: in_force

4.1-73-02. Brand - Application for ownership

1. To acquire ownership of a brand, a person shall file an application with the North

Dakota stockmen's association.

2. The application must contain a depiction of the proposed brand.

3. The application must include a statement regarding:

a. The kind of livestock on which the brand will be placed; and

b. The placement or position of the brand on each kind of livestock listed in

subdivision a.

4. The chief brand inspector shall review each application to ensure compliance with the

requirements of this chapter.
N.D. Cent. Code § 4.1-56-07 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-07
4.1-56-07. Governance committee - Duties
Status: in_force

4.1-56-07. Governance committee - Duties

The governance committee shall:

1. Keep a record of its expenses;

2. Submit the record to the seed commissioner at the time and in the manner required by

the seed commissioner; and

3. Provide reports at the time and in the manner required by the seed commissioner.
N.D. Cent. Code § 41-08-52 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-52
41-08-52. (8-603) Savings clause
Status: in_force

41-08-52. (8-603) Savings clause

1. This chapter does not affect an action or proceeding commenced before August 1,

1997.

2. If a security interest in a security is perfected by August 1, 1997, and the action by

which the security interest was perfected would suffice to perfect a security interest

under this chapter, no further action is required to continue perfection. If a security

interest in a security is perfected by August 1, 1997, but the action by which the

security interest was perfected would not suffice to perfect a security interest under

this chapter, the security interest remains perfected for a period of six months after

August 1, 1997, and continues perfected thereafter if appropriate action to perfect

under this chapter is taken within that period. If a security interest is perfected by

August 1, 1997, and the security interest can be perfected by filing under this chapter,

a financing statement signed by the secured party instead of the debtor may be filed

within that period to continue perfection or thereafter to perfect.
N.D. Cent. Code § 41-02-54 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-54
41-02-54. (2-506) Rights of financing agency
Status: in_force

41-02-54. (2-506) Rights of financing agency

1. A financing agency by paying or purchasing for value a draft which relates to a

shipment of goods acquires to the extent of the payment or purchase and, in addition

to its own rights under the draft and any document of title securing it, any rights of the

shipper in the goods including the right to stop delivery and the shipper's right to have

the draft honored by the buyer.

2. The right to reimbursement of a financing agency which has in good faith honored or

purchased the draft under commitment to or authority from the buyer is not impaired

by subsequent discovery of defects with reference to any relevant document which

was apparently regular.
N.D. Cent. Code § 4.1-58-40 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-40
4.1-58-40. Going out of business - Redemption of receipts
Status: in_force

4.1-58-40. Going out of business - Redemption of receipts

1. If a public warehouseman ceases business through the destruction of a warehouse by

fire or other cause, or through insolvency, the warehouseman shall redeem all

outstanding unconverted scale tickets or warehouse receipts at the price prevailing on

the date the warehouse was destroyed or closed because of insolvency. The holder of

the receipts, upon due notice, shall accept this price and surrender the receipts.

2. A public warehouseman that voluntarily ceases business or fails to renew an existing

warehouse license or has the warehouse license revoked shall notify the

commissioner and all outstanding receiptholders of the closing and redeem all

outstanding unconverted scale tickets or warehouse receipts at the price prevailing on

the date the warehouse closed or at the option of the owner of the receipt redeliver the

kind, grade, and quantity of grain called for by the unconverted scale ticket or

warehouse receipt.

3. On commingled grain the value of over and under deliveries in quantity, grade, and

protein must be settled in cash and priced on the market on the day of closing.
N.D. Cent. Code § 41-08-48 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-48
41-08-48. (8-508) Duty of securities intermediary to change entitlement holder's position to other form of security holding
Status: in_force

41-08-48. (8-508) Duty of securities intermediary to change entitlement holder's

position to other form of security holding.

A securities intermediary shall act at the direction of an entitlement holder to change a

security entitlement into another available form of holding for which the entitlement holder is

eligible, or to cause the financial asset to be transferred to a securities account of the

entitlement holder with another securities intermediary. A securities intermediary satisfies the

duty if:

1. The securities intermediary acts as agreed upon by the entitlement holder and the

securities intermediary; or

2. In the absence of agreement, the securities intermediary exercises due care in

accordance with reasonable commercial standards to follow the direction of the

entitlement holder.
N.D. Cent. Code § 41-07-05 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-05
41-07-05. (7-105) Reissuance in alternative medium
Status: in_force

41-07-05. (7-105) Reissuance in alternative medium

1. Upon request of a person entitled under an electronic document of title, the issuer of

the electronic document may issue a tangible document of title as a substitute for the

electronic document if:

a. The person entitled under the electronic document surrenders control of the

document to the issuer; and

b. The tangible document when issued contains a statement that it is issued in

substitution for the electronic document.

2. Upon issuance of a tangible document of title in substitution for an electronic

document of title in accordance with subsection 1:

a. The electronic document ceases to have any effect or validity; and

b. The person that procured issuance of the tangible document warrants to all

subsequent persons entitled under the tangible document that the warrantor was

a person entitled under the electronic document when the warrantor surrendered

control of the electronic document to the issuer.

3. Upon request of a person entitled under a tangible document of title, the issuer of the

tangible document may issue an electronic document of title as a substitute for the

tangible document if:

a. The person entitled under the tangible document surrenders possession of the

document to the issuer; and

b. The electronic document when issued contains a statement that it is issued in

substitution for the tangible document.

4. Upon issuance of an electronic document of title in substitution for a tangible

document of title in accordance with subsection 3:

a. The tangible document ceases to have any effect or validity; and

b. The person that procured issuance of the electronic document warrants to all

subsequent persons entitled under the electronic document that the warrantor

was a person entitled under the tangible document when the warrantor

surrendered possession of the tangible document to the issuer.
N.D. Cent. Code § 41-02-65 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-65
41-02-65. (2-602) Manner and effect of rightful rejection
Status: in_force

41-02-65. (2-602) Manner and effect of rightful rejection

1. Rejection of goods must be within a reasonable time after their delivery or tender. It is

ineffective unless the buyer seasonably notifies the seller.

2. Subject to the provisions of the two following sections on rejected goods (sections

41-02-66 and 41-02-67):

a. After rejection any exercise of ownership by the buyer with respect to any

commercial unit is wrongful as against the seller; and

b. If the buyer has before rejection taken physical possession of goods in which the

buyer does not have a security interest under the provisions of this chapter

(subsection 3 of section 41-02-90), the buyer is under a duty after rejection to

hold them with reasonable care at the seller's disposition for a time sufficient to

permit the seller to remove them; but

c. The buyer has no further obligations with regard to goods rightfully rejected.

3. The seller's rights with respect to goods wrongfully rejected are governed by the

provisions of this chapter on seller's remedies in general (section 41-02-82).
N.D. Cent. Code § 41-09-65 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-65
41-09-65. (9-403) Agreement not to assert defenses against assignee
Status: in_force

41-09-65. (9-403) Agreement not to assert defenses against assignee

1. In this section, "value" has the meaning provided in subsection 1 of section 41-03-29.

2. Except as otherwise provided in this section, an agreement between an account

debtor and an assignor not to assert against an assignee any claim or defense that the

account debtor may have against the assignor is enforceable by an assignee that

takes an assignment:

a. For value;

b. In good faith;

c. Without notice of a claim of a property or possessory right to the property

assigned; and

d. Without notice of a defense or claim in recoupment of the type that may be

asserted against a person entitled to enforce a negotiable instrument under

subsection 1 of section 41-03-31.

3. Subsection 2 does not apply to defenses of a type that may be asserted against a

holder in due course of a negotiable instrument under subsection 2 of section

41-03-31.

4. In a consumer transaction, if a record evidences the account debtor's obligation, law

other than this chapter requires that the record include a statement to the effect that

the rights of an assignee are subject to claims or defenses that the account debtor

could assert against the original obligee, and the record does not include such a

statement:

a. The record has the same effect as if the record included such a statement; and

b. The account debtor may assert against an assignee those claims and defenses

that would have been available if the record included such a statement.

5. 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.

6. Except as otherwise provided in subsection 4, this section does not displace law other

than this chapter which gives effect to an agreement by an account debtor not to

assert a claim or defense against an assignee.
N.D. Cent. Code § 4.1-83-22 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-22
4.1-83-22. Appointment of trustee
Status: in_force

4.1-83-22. Appointment of trustee

1. Upon the insolvency of a livestock dealer, the agriculture commissioner shall provide

notice to the livestock dealer and may immediately suspend, close, or take control of

assets held in the trust fund pursuant to section 4.1-83-21, or take any combination of

these actions as the agriculture commissioner deems necessary to begin orderly

liquidation of trust fund assets as set forth in this chapter.

2. Upon establishing the trust fund, the agriculture commissioner shall perform the duties

of a trustee as set forth in this chapter.
N.D. Cent. Code § 4.1-10-17 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-17
4.1-10-17. Penalty - Criminal
Status: in_force

4.1-10-17. Penalty - Criminal

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-73-03 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-03
4.1-73-03. Brands - Requirements for recording
Status: in_force

4.1-73-03. Brands - Requirements for recording

1. The chief brand inspector shall approve an application for ownership of a brand, filed

in accordance with section 4.1-73-02, and record the brand, unless:

a. The chief brand inspector determines that:

(1) Official records indicate the brand is owned by another person;

(2) The brand is deceptively similar to another recorded brand;

(3) The brand is recorded in another state;

(4) The brand may not be legible when placed on livestock; or

(5) The proposed placement or position of the brand does not meet the

requirements of section 4.1-73-05; or

b. The brand:

(1) Consists of only one letter, number, or symbol, except as provided in

subsection 2;

(2) Contains either the letter "g" or the letter "q";

(3) Contains a letter not found in the modern English alphabet;

(4) Contains the numeral "0" or "1";

(5) Contains a dot;

(6) Contains a letter, number, or symbol placed within another letter, number, or

symbol; or

(7) Contains a symbol other than:

(a) A diamond;

(b) An arrow;

(c) A mill iron;

(d) A cross;

(e) A heart;

(f) A box;

(g) A triangle;

(h) A quarter circle;

(i) A bar;

(j) A star; or

(k) A forward or a backward slash.

2. The chief brand inspector may permit the recording of a brand that consists of one

letter, number, or symbol, provided the brand meets all other statutory requirements for

recording and is to be placed only on goats or sheep.
N.D. Cent. Code § 41-02.1-11 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-11
41-02.1-11. (2A-202) Final expression - Parol or extrinsic evidence
Status: in_force

41-02.1-11. (2A-202) Final expression - Parol or extrinsic evidence

Terms with respect to which the confirmatory memoranda of the parties agree or which are

otherwise set forth in a record intended by the parties as a final expression of their agreement

with respect to such terms as are included therein may not be contradicted by evidence of any

prior agreement or of a contemporaneous oral agreement but may be explained or

supplemented by:

1. Course of dealing or usage of trade or by course of performance; and

2. Evidence of consistent additional terms unless the court finds the record to have been

intended also as a complete and exclusive statement of the terms of the agreement.
N.D. Cent. Code § 4.1-26-22 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-22
4.1-26-22. Refusal to license
Status: in_force

4.1-26-22. Refusal to license

The milk marketing board may refuse to license any person, except a dairy farmer.
N.D. Cent. Code § 41-02-78 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-78
41-02-78. (2-615) Excuse by failure of presupposed conditions
Status: in_force

41-02-78. (2-615) Excuse by failure of presupposed conditions

Except so far as a seller may have assumed a greater obligation and subject to section

41-02-77 on substituted performance:

1. Delay in delivery or nondelivery in whole or in part by a seller who complies with

subsections 2 and 3 is not a breach of the seller's duty under a contract for sale if

performance as agreed has been made impracticable by the occurrence of a

contingency the nonoccurrence of which was a basic assumption on which the

contract was made or by compliance in good faith with any applicable foreign or

domestic governmental regulation or order whether or not it later proves to be invalid.

2. If the causes mentioned in subsection 1 affect only a part of the seller's capacity to

perform, the seller must allocate production and deliveries among the seller's

customers but may at the seller's option include regular customers not then under

contract as well as the seller's own requirements for further manufacture. The seller

may so allocate in any manner which is fair and reasonable.

3. The seller must notify the buyer seasonably that there will be delay or nondelivery and,

when allocation is required under subsection 2, of the estimated quota thus made

available for the buyer.
N.D. Cent. Code § 4.1-10-08 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-08
4.1-10-08. Council - Duties
Status: in_force

4.1-10-08. Council - Duties

1. The council shall determine the uses to which any moneys raised under this chapter

may be expended. The uses may include funding for research, education programs,

transportation issues, and market development efforts, as well as participation in

programs under the auspices of state, regional, national, and international promotion

groups.

2. The council shall develop and disseminate information regarding the purpose of the

potato assessment and ways in which the assessment benefits potato producers.
N.D. Cent. Code § 4.1-10-05 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-05
4.1-10-05. Chairman - Meetings
Status: in_force

4.1-10-05. Chairman - Meetings

Annually, the council shall elect one member to serve as the chairman. The chairman shall

call all meetings of the council and shall call a special meeting of the council within seven days

when petitioned to do so by three council members.
N.D. Cent. Code § 4.1-53-15 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-15
4.1-53-15. Agricultural seed - Label requirement - Hermetically sealed containers
Status: in_force

4.1-53-15. Agricultural seed - Label requirement - Hermetically sealed containers

In addition to any other label requirements set forth in this chapter, if agricultural seed that is

offered for sale or sold is in a container that has been hermetically sealed, the label must so

indicate.
N.D. Cent. Code § 41-02.1-24 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-24
41-02.1-24. (2A-215) Cumulation and conflict of warranties express or implied
Status: in_force

41-02.1-24. (2A-215) Cumulation and conflict of warranties express or implied

Warranties, whether express or implied, must be construed as consistent with each other

and as cumulative, but if that construction is unreasonable, the intention of the parties

determines which warranty is dominant. In ascertaining that intention, the following rules apply:

1. Exact or technical specifications displace an inconsistent sample or model or general

language of description.

2. A sample from an existing bulk displaces inconsistent general language of description.

3. Express warranties displace inconsistent implied warranties other than an implied

warranty of fitness for a particular purpose.
N.D. Cent. Code § 4.1-53-30 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-30
4.1-53-30. Flower seed - Quantity - Label requirement
Status: in_force

4.1-53-30. Flower seed - Quantity - Label requirement

If the flower seeds are on a mat, on tape, or in some other germination medium and the

quantity of seed cannot be readily determined, the label must include the minimum number of

seeds per definable unit.
N.D. Cent. Code § 4.1-58-04 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-04
4.1-58-04. Grain marketing - Procedure for resolving disputes
Status: in_force

4.1-58-04. Grain marketing - Procedure for resolving disputes

1. If any dispute or disagreement arises between the person receiving and the person

delivering grain at any public warehouse as to the proper grade, dockage, vomitoxin

level, moisture content, or protein content of any grain, an average sample of at least

three pints [1.65 liters] of the grain in dispute may be taken together by both parties

interested.

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 delivered.

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, who will 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.

f. All other quality factors may also be considered in determining the price of the

grain.

g. An appeal of the determination made by a third party other than a federal

licensed inspector may be made to a federal licensed inspector.

h. 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.

i. 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 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 parties interested.

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 delivered.

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, who 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 § 41-02.1-13 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-13
41-02.1-13. (2A-204) Formation in general
Status: in_force

41-02.1-13. (2A-204) Formation in general

1. A lease contract may be made in any manner sufficient to show agreement, including

conduct by both parties which recognizes the existence of a lease contract.

2. An agreement sufficient to constitute a lease contract may be found although the

moment of its making is undetermined.

3. Although one or more terms are left open, a lease contract does not fail for

indefiniteness if the parties have intended to make a lease contract and there is a

reasonably certain basis for giving an appropriate remedy.
N.D. Cent. Code § 4.1-45-05 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-05
4.1-45-05. Board of directors - Terms
Status: in_force

4.1-45-05. Board of directors - Terms

The affairs of the state fair association must be managed by its board of directors, which

must consist of nine members unless otherwise provided in the association bylaws. A decrease

in the number of directors may not affect the term of any incumbent director. Each director shall

hold office for a term of three years, and until that director's successor has been elected and

qualified. The terms of the directors must be staggered so three directors are elected annually.

The directors must be members of the state fair association and residents of the state.
N.D. Cent. Code § 4.1-59-16 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-16
4.1-59-16. Records required to be kept by grain buyers
Status: in_force

4.1-59-16. Records required to be kept by grain buyers

A grain buyer shall keep such accounts, records, and memoranda concerning the buyer's

dealing as the grain buyer as may be required by the commissioner and shall make any reports

of purchases of grain as may be required by the rules adopted by the commissioner. The

commissioner at all times must have access to the accounts, records, and memoranda.
N.D. Cent. Code § 4.1-59-21 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-21
4.1-59-21. Insolvency of grain buyer
Status: in_force

4.1-59-21. Insolvency of grain buyer

A licensee is insolvent when the licensee refuses, neglects, or is unable upon proper written

demand, including electronic communication, to pay for grain purchased or marketed by the

licensee or is unable to make redelivery upon proper written demand, including electronic

communication. The licensee may not assess receiving or redelivery fees on grain.
N.D. Cent. Code § 4.1-73-21 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-21
4.1-73-21. Transportation of livestock from state - Brand inspection - Penalty
Status: in_force

4.1-73-21. Transportation of livestock from state - Brand inspection - Penalty

1. A person may not transport or attempt to transport cattle, horses, or mules from this

state unless a brand inspector has inspected the livestock and issued a certificate of

ownership. The certificate must remain with the livestock while in transit and be

presented to the purchaser upon arrival at the destination. This subsection does not

apply to a person that:

a. Transports cattle, horses, or mules from this state to obtain for the animals

emergency medical treatment by a licensed veterinarian; or

b. Transports cattle, horses, or mules from this state to a livestock auction market,

buying station, or packing plant, that is located in a bordering state and which is

provided with brand inspection services in accordance with section 4.1-73-24.

2. A person may not remove cattle, horses, or mules from a livestock auction market,

buying station, or packing plant until a brand inspector has inspected the livestock and

issued a certificate of ownership.

3. Any person willfully violating this section is guilty of a class A misdemeanor. Any

person willfully violating this section a second time within five years or willfully violating

this section three or more times is guilty of a class C felony.
N.D. Cent. Code § 41-04-33 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-33
41-04-33. (4-402) Bank's liability to customer for wrongful dishonor - Time of determining insufficiency of account
Status: in_force

41-04-33. (4-402) Bank's liability to customer for wrongful dishonor - Time of

determining insufficiency of account.

1. Except as otherwise provided in this chapter, a payor bank wrongfully dishonors an

item if it dishonors an item that is properly payable, but a bank may dishonor an item

that would create an overdraft unless it had agreed to pay the overdraft.

2. A payor bank is liable to its customer for damages proximately caused by the wrongful

dishonor of an item. Liability is limited to actual damages proved and may include

damages for an arrest or prosecution of the customer or other consequential

damages. Whether any consequential damages are proximately caused by the

wrongful dishonor is a question of fact.

3. A payor bank's determination of the customer's account balance on which a decision

to dishonor for insufficiency of available funds is based may be made at any time

between the time the item is received by the payor bank and the time that the payor

bank returns the item or gives notice in lieu of return, and no more than one such

determination need be made. If, at the election of the payor bank, a subsequent

balance determination is made for the purpose of re-evaluating the bank's decision to

dishonor the item, the account balance at that time is determinative of whether a

dishonor for insufficiency of available funds is wrongful.
N.D. Cent. Code § 4.1-52-10 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-10
4.1-52-10. Seed commissioner - Duties
Status: in_force

4.1-52-10. Seed commissioner - Duties

The seed commissioner shall:

1. Manage the seed department;

2. Provide, equip, and maintain offices, laboratories, and any other facilities necessary to

carry out this chapter, subject to the approval of the seed commission;

3. Employ and compensate necessary personnel;

4. Permit North Dakota state university to use the seed department facilities and the

services of the seed department laboratories at convenient times;

5. a. Determine the nature and size of any seed and plant samples required by the

seed department in order to conduct official tests or make official determinations;

and

b. Prescribe the manner in which the seed and plant samples are to be obtained

and delivered to the seed department;

6. Provide commodity inspection services upon request;

7. Establish and charge fees for services, subject to the approval of the seed

commission;

8. Provide periodic reports to the seed commission regarding the management and

operation of the seed department;

9. Recommend to the seed commission the annual budget and annual salary schedules

for the seed department;

10. Do all things necessary to enforce the chapters over which the commissioner has

authority and the rules implementing those chapters; and

11. Perform any other duties as directed by the seed commission.
N.D. Cent. Code § 4.1-26-18 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-18
4.1-26-18. Vending machine suppliers - Authorization to license
Status: in_force

4.1-26-18. Vending machine suppliers - Authorization to license

The milk marketing board, by rule, may provide for the licensing of persons engaged in

supplying milk products or frozen dairy products to consumers through the use of vending

machines.
N.D. Cent. Code § 4.1-55-03 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-03
4.1-55-03. Seed potato grades
Status: in_force

4.1-55-03. Seed potato grades

1. Seed potatoes may be graded:

a. (1) U.S. No. 1 seed potatoes;

(2) U.S. No. 2 seed potatoes; or

(3) North Dakota Certified Seed; or

b. As otherwise designated by the seed commissioner.

2. The U.S. grades must meet all of the requirements and standards established by the

United States department of agriculture provided, however, that the seed

commissioner may authorize an exception based on size.
N.D. Cent. Code § 4.1-54-01 — ND Code / Title 4.1 / Chapter 4.1-54 / Section 4.1-54-01
4.1-54-01. Seed arbitration board - Membership
Status: in_force

4.1-54-01. Seed arbitration board - Membership

The seed arbitration board consists of the following members:

1. The agriculture commissioner;

2. The seed commissioner;

3. The director of the North Dakota state university extension service;

4. The director of the North Dakota agricultural experiment station;

5. The chairman of the seed trade division of the North Dakota agriculture association;

and

6. A producer appointed by the agriculture commissioner.
N.D. Cent. Code § 4.1-20-45 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-45
4.1-20-45. Consolidation of districts - Petition - Election - Conduct of election
Status: in_force

4.1-20-45. Consolidation of districts - Petition - Election - Conduct of election

Two or more districts may be consolidated into one district by compliance with this chapter.

A petition for consolidation of soil conservation districts must be filed with the state soil

conservation committee and must be signed by at least twenty-five qualified electors living in

each district. Upon the filing of a petition, the committee by resolution shall fix a date for an

election to be held in each district and shall direct the supervisors to cause notice of the election

to be posted in at least five conspicuous places within the district and to be published once each

week for two consecutive weeks before the election in a newspaper of general circulation in the

districts involved. Only qualified electors living within the district are eligible to vote at the

election. The notice must state the date of the election, identify each polling place for holding

the election, the time when the polls will open and close, and the question to be submitted to the

qualified electors. The notice must be substantially in the following form:

On _________, ______, an election will be held at

____________________________________________ for the purpose of submitting

(Designate polling place or places)

to the qualified electors within _________________________________ soil conservation

(Name of district)

district the question as to whether _________________________________ soil conservation

(Names of districts)

districts embracing the following townships _____________________________________

(Designate townships, by number and range)

shall be consolidated into one soil conservation district.

The ballot must be in the following form:

Shall _____________________ soil conservation districts embracing the

(Names of districts)

following townships ____________________________________ be

(Designate townships, by number and range)

consolidated into one soil conservation district?

Yes ______

No _______

The board of supervisors of the district shall appoint the board of election for each polling

place. The board of election must consist of one inspector, one judge, and one clerk. Members

of the election board are entitled to receive five dollars for their services.
N.D. Cent. Code § 4.1-75-04 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-04
4.1-75-04. Estrays - Notification of chief brand inspector
Status: in_force

4.1-75-04. Estrays - Notification of chief brand inspector

If an individual notifies a county sheriff that the individual has taken possession of an estray,

the sheriff shall contact the chief brand inspector and relay any information regarding the estray.
N.D. Cent. Code § 4.1-01.1-09 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-09
4.1-01.1-09. Agriculture diversification and development fund grants program - Access to records
Status: in_force

4.1-01.1-09. Agriculture diversification and development fund grants program -

Access to records.

1. To the extent the agriculture diversification and development committee determines

the materials or data provided under section 4.1-01.1-07 consist of trade secrets or

commercial, financial, or proprietary information of individuals or entities applying for

grants with the committee, materials and data submitted to, made by, or received by

the committee, are not public records subject to section 44-04-18 and section 6 of

article XI of the Constitution of North Dakota, and are subject to section 44-04-18.4.

2. A person may file a request with the committee to have material designated as

confidential under subsection 1. The request must contain any information required by

the committee and must include at least the following:

a. A general description of the nature of the information sought to be protected;

b. An explanation of why the information derives independent economic value,

actual or potential, from not being generally known to other persons;

c. An explanation of why the information is not readily ascertainable by proper

means of other persons;

d. A general description of any person that may obtain economic value from

disclosure or use of the information, and how the person may obtain this value;

and

e. A description of the efforts used to maintain the secrecy of the information.

3. A request under subsection 2 is confidential. The committee shall examine the request

and determine whether the information is relevant to the matter at hand and is a trade

secret under the definition in section 47-25.1-01 or 44-04-18.4. If the committee

determines the information is not relevant or not a trade secret, the committee shall

notify the requester and the requester may ask for the return of the information and the

request within ten days of the notice. If no return is sought, the information and request

are public records.

4. The names or identities of independent technical reviewers on a project or program

are confidential, may not be disclosed by the committee, and are not public records

subject to section 44-04-18 or section 6 of article XI of the Constitution of North

Dakota.
N.D. Cent. Code § 4.1-34-12 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-12
4.1-34-12. Seizures
Status: in_force

4.1-34-12. Seizures

1. Any pesticide or device that is distributed, sold, or offered for sale within this state or

delivered for transportation or transported in intrastate commerce or between points

within this state through any point outside this state is liable to be proceeded against in

any proper court of jurisdiction in any county of the state where it may be found and

seized for confiscation by process of libel for condemnation:

a. In the case of a pesticide:

(1) If it is adulterated or misbranded;

(2) If it has not been registered under section 4.1-34-03;

(3) If it fails to bear on its label the information required by this chapter; or

(4) If it is a white powder pesticide and is not colored as required under this

chapter.

b. In the case of a device, if it is misbranded.

2. If the pesticide is condemned, after entry of decree, the pesticide must be disposed of

by destruction or sale as the court may direct and any proceeds, less legal costs, must

be paid to the state treasurer. The pesticide may not be sold contrary to the provisions

of this chapter. Upon payment of cost and execution and delivery of a good and

sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the

court may direct the pesticide be delivered to its owner for relabeling or reprocessing.

When a decree of condemnation is entered against the pesticide, court costs and fees

and storage and other proper expenses must be awarded against any person

intervening as claimant of the pesticide.
N.D. Cent. Code § 4.1-53-39 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-39
4.1-53-39. Invoice and records
Status: in_force

4.1-53-39. Invoice and records

A labeler shall:

1. Retain a record of each lot of seed handled for three years after final disposition of the

lot;

2. Retain a file sample of each lot of seed handled for one year after final disposition of

the lot; and

3. Make the records and file samples required by this section available to the seed

commissioner upon request.
N.D. Cent. Code § 4.1-73-06 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-06
4.1-73-06. Recorded numerical brand - Impermissible placement
Status: in_force

4.1-73-06. Recorded numerical brand - Impermissible placement

A person may not place a recorded brand that consists entirely of upright numbers on the

hips of cattle.
N.D. Cent. Code § 4.1-18.1-09 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-09
4.1-18.1-09. Subpoena - Hearing
Status: in_force

4.1-18.1-09. Subpoena - Hearing

To regulate compliance with this chapter, the commissioner, in addition to other powers

conferred upon the commissioner by this chapter, may issue subpoenas to any person,

administer an oath or affirmation to any person, and conduct hearings in aid of any investigation

or inquiry.
N.D. Cent. Code § 4.1-56-13 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-13
4.1-56-13. Penalty
Status: in_force

4.1-56-13. Penalty

1. Any person willfully violating this chapter is guilty of a class A misdemeanor.

2. Any person willfully violating this chapter is subject to a civil penalty in an amount not

exceeding ten thousand dollars for each violation. The civil penalty may be imposed by

a court in a civil proceeding or by the seed commissioner.
N.D. Cent. Code § 4.1-23-11 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-11
4.1-23-11. Authority for financing local control programs - County pest coordinator
Status: in_force

4.1-23-11. Authority for financing local control programs - County pest coordinator

1. The board of county commissioners may appropriate money for the control of pests

under this chapter. If state funds are involved, the money must be expended according

to control plans approved by the commissioner. The board of county commissioners

shall determine the portion, if any, of control program costs to be paid by the county.

Costs of the control program may be paid from revenues derived from general fund

levy authority of the county or from the county noxious weed control levy authority

under section 4.1-47-14.

2. The board of county commissioners for any county shall designate an individual to

serve as county pest coordinator. The county pest coordinator shall administer local

and private funds in cooperation with state and federal pest control programs. When

state funds are involved, the county pest coordinator shall submit county and township

control plans to the agriculture commissioner for approval.
N.D. Cent. Code § 4.1-53-40 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-40
4.1-53-40. Shipments from out of state - Label requirements
Status: in_force

4.1-53-40. Shipments from out of state - Label requirements

The purchaser, vendor, or any other person receiving seed shipped into this state must

have the seed labeled:

1. In accordance with this chapter; or

2. If permitted by the seed commissioner, in accordance with requirements applicable in

other jurisdictions.
N.D. Cent. Code § 4.1-61-15 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-15
4.1-61-15. Roving grain buyers - Exception - Applicability of provisions
Status: in_force

4.1-61-15. Roving grain buyers - Exception - Applicability of provisions

Notwithstanding any other law, this chapter does not apply to a person that purchases,

solicits, or merchandises grain, that has been cleaned, processed, and made ready for

consumption, from a public warehouseman licensed and bonded under chapter 4.1-58. If the

person engages in any activity other than those described in this section, the person is subject

to the law governing those other activities.
N.D. Cent. Code § 4.1-27-21 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-21
4.1-27-21. Unlawful acts
Status: in_force

4.1-27-21. Unlawful acts

It is a violation of this chapter for any livestock auction market or person to:

1. Make or cause any false entry or statement of fact to be made in any application,

financial statement, or report filed with the department under this chapter;

2. Fail to keep and maintain suitable records that disclose all purchases and sales of

livestock or refuse to allow any authorized agent of the department to have access,

during reasonable hours, to inspect and to copy any or all of the records relating to the

dealer's business;

3. Fail or refuse to furnish the information required under this chapter as prescribed by

the department;

4. Fail to notify the commissioner of the receipt of a nonsufficient funds check as required

by section 4.1-27-13;

5. Fail to pay brand inspection fees or veterinarian fees as required by law;

6. Fail to collect beef promotion assessments pursuant to chapter 4.1-03; or

7. Fail to pay for livestock purchased, including the issuance of a check or payment for

livestock purchased, when the check is returned unpaid with a notation that the

payment has been refused because of nonsufficient funds.
N.D. Cent. Code § 4.1-83-08 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-08
4.1-83-08. Bond - Minimum amount
Status: in_force

4.1-83-08. Bond - Minimum amount

1. The agriculture commissioner shall determine the amount of the bond required in

accordance with this chapter by using the same basis as that prescribed for livestock

dealers who are subject to the provisions of the Packers and Stockyards Act, 1921

[7 U.S.C. 181 et seq.].

2. Notwithstanding subsection 1, if at the time of licensure or at any point during the

period of licensure the agriculture commissioner has reason to believe that a bond is

inadequate to secure the performance of the livestock dealer's obligations, the

commissioner shall require an increase in the amount of the bond.

3. A bond required by this chapter may not be in an amount less than ten thousand

dollars.
N.D. Cent. Code § 4.1-25-18 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-18
4.1-25-18. Appeal or compromising of action by department
Status: in_force

4.1-25-18. Appeal or compromising of action by department

The department may prosecute an action for any claims arising under this chapter in any

court, may appeal from any adverse judgment to the courts of last resort, and may settle and

compromise the action whenever it is in the best interests of the claimants. Upon payment to the

department of the amount of any compromise, or of the full amount of any required security, the

department may exonerate the person compromising or paying from further liability growing out

of the action.
N.D. Cent. Code § 41-02.1-32 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-32
41-02.1-32. (2A-302) Title to and possession of goods
Status: in_force

41-02.1-32. (2A-302) Title to and possession of goods

Except as otherwise provided in this chapter, each provision of this chapter applies whether

the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third

party has possession of the goods, notwithstanding any statute or rule of law that possession or

the absence of possession is fraudulent.
N.D. Cent. Code § 4.1-26-30 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-30
4.1-26-30. Prohibitions
Status: in_force

4.1-26-30. Prohibitions

1. A licensee may not buy or sell any milk product or any frozen dairy product at a price

that is less than the minimum price nor more than the maximum price set forth in the

applicable milk stabilization plan.

2. If price filings are required, as permitted by section 4.1-26-14:

a. A dealer may not sell a frozen dairy product at a price that varies from the filed

price in effect on the date of the sale; and

b. A retailer may not purchase a frozen dairy product at a price that varies from the

filed price in effect on the date of the sale.

3. A licensee may not engage in any act or omission that is contrary to a declaration

made in the person's application for a license, as submitted to the milk marketing

board.

4. a. A licensee may not use or attempt to use any method, device, or transaction that:

(1) Is intended to accomplish or has the effect of accomplishing, the sale or

attempted sale of milk products or frozen dairy products at less than the

minimum prices set forth in the applicable milk stabilization plan;

(2) Is intended to accomplish or has the effect of accomplishing the purchase or

attempted purchase of milk products or frozen dairy products at less than

the minimum prices set forth in the applicable milk stabilization plan;

(3) Is designed to circumvent any price requirements provided for in this

chapter; or

(4) Has the effect of substantially undermining the effectiveness of any price

requirements provided for in this chapter.

b. The provisions of subdivision a are applicable regardless of whether the method,

device, or transaction:

(1) Is applied directly to the milk product or frozen dairy product sold or

purchased; or

(2) Is used in connection with the sale or handling of any other product,

commodity, article, or service.

5. a. A distributor may not purchase milk products or frozen dairy products at prices

that are less than minimum wholesale prices if the products are resold to

consumers at a fixed place of business owned by the distributor.

b. This subdivision does not prohibit a distributor from purchasing at wholesale

prices those milk products or frozen dairy products that are to be resold at a fixed

place of business owned by the distributor, provided the distributor purchases at

distributor prices all other milk products and frozen dairy products that are to be

resold by the distributor.

6. A retailer may not sell or offer to sell milk products or frozen dairy products of a

particular brand at a price that is different from that charged by the retailer for the

same quantity, type, quality, or grade of a different brand, unless the price differential

equals the difference in the price paid by the retailer for the referenced products.
N.D. Cent. Code § 41-02-94 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-94
41-02-94. (2-715) Buyer's incidental and consequential damages
Status: in_force

41-02-94. (2-715) Buyer's incidental and consequential damages

1. Incidental damages resulting from the seller's breach include expenses reasonably

incurred in inspection, receipt, transportation, and care and custody of goods rightfully

rejected, any commercially reasonable charges, expenses, or commissions in

connection with effecting cover, and any other reasonable expense incident to the

delay or other breach.

2. Consequential damages resulting from the seller's breach include:

a. Any loss resulting from general or particular requirements and needs of which the

seller at the time of contracting had reason to know and which could not

reasonably be prevented by cover or otherwise; and

b. Injury to person or property proximately resulting from any breach of warranty.
N.D. Cent. Code § 41-07-31 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-31
41-07-31. (7-502) Rights acquired by due negotiation
Status: in_force

41-07-31. (7-502) Rights acquired by due negotiation

1. Subject to sections 41-07-11 and 41-07-32, a holder to which a negotiable document

of title has been duly negotiated acquires thereby:

a. Title to the document;

b. Title to the goods;

c. All rights accruing under the law of agency or estoppel, including rights to goods

delivered to the bailee after the document was issued; and

d. The direct obligation of the issuer to hold or deliver the goods according to the

terms of the document free of any defense or claim by the issuer except those

arising under the terms of the document or under this chapter, but in the case of a

delivery order, the bailee's obligation accrues only upon the bailee's acceptance

of the delivery order and the obligation acquired by the holder is that the issuer

and any indorser will procure the acceptance of the bailee.

2. Subject to section 41-07-32, title and rights acquired by due negotiation are not

defeated by any stoppage of the goods represented by the document of title or by

surrender of the goods by the bailee and are not impaired even if:

a. The due negotiation or any prior due negotiation constituted a breach of duty;

b. Any person has been deprived of possession of a negotiable tangible document

or control of a negotiable electronic document by misrepresentation, fraud,

accident, mistake, duress, loss, theft, or conversion; or

c. A previous sale or other transfer of the goods or document has been made to a

third person.
N.D. Cent. Code § 41-04-27 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-27
41-04-27. (4-215) Final payment of item by payor bank - When provisional debits and credits become final - When certain credits become available for withdrawal
Status: in_force

41-04-27. (4-215) Final payment of item by payor bank - When provisional debits and

credits become final - When certain credits become available for withdrawal.

1. An item is finally paid by a payor bank when the bank has done any of the following,

whichever happens first:

a. Paid the item in cash.

b. Settled for the item without having a right to revoke the settlement under statute,

clearinghouse rule, or agreement.

c. Made a provisional settlement for the item and failed to revoke the settlement in

the time and manner permitted by statute, clearinghouse rule, or agreement.

2. If provisional settlement for an item does not become final, the item is not finally paid.

3. If provisional settlement for an item between the presenting and payor banks is made

through a clearinghouse or by debits or credits in an account between them, then to

the extent that provisional debits or credits for the item are entered in accounts

between the presenting and payor banks or between the presenting and successive

prior collecting banks seriatim, they become final upon final payment of the items by

the payor bank.

4. If a collecting bank receives a settlement for an item which is or becomes final, the

bank is accountable to its customer for the amount of the item and any provisional

credit given for the item in an account with its customer becomes final.

5. Subject to applicable law stating a time for availability of funds and any right of the

bank to apply the credit to an obligation of the customer, credit given by a bank for an

item in a customer's account becomes available for withdrawal as of right:

a. If the bank has received a provisional settlement for the item, when such

settlement becomes final and the bank has had a reasonable time to receive

return of the item and has not received the item within that time.

b. If the bank is both the depositary bank and the payor bank and the item is finally

paid, at the opening of the bank's second banking day following receipt of the

item.

6. Subject to applicable law stating a time for availability of funds and any right of a bank

to apply a deposit to an obligation of the depositor, a deposit of money becomes

available for withdrawal as of right at the opening of the bank's next banking day after

receipt of the deposit.
N.D. Cent. Code § 41-05-13 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-13
41-05-13. (5-113) Transfer by operation of law
Status: in_force

41-05-13. (5-113) Transfer by operation of law

1. A successor of a beneficiary may consent to amendments, sign and present

documents, and receive payment or other items of value in the name of the beneficiary

without disclosing its status as a successor.

2. A successor of a beneficiary may consent to amendments, sign and present

documents, and receive payment or other items of value in its own name as the

disclosed successor of the beneficiary. Except as otherwise provided in subsection 5,

an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full

substitution for its predecessor upon compliance with the requirements for recognition

by the issuer of a transfer of drawing rights by operation of law under the standard

practice referred to in subsection 5 of section 41-05-08 or, in the absence of such a

practice, compliance with other reasonable procedures sufficient to protect the issuer.

3. An issuer is not obliged to determine whether a purported successor is a successor of

a beneficiary or whether the signature of a purported successor is genuine or

authorized.

4. Honor of a purported successor's apparently complying presentation under

subsection 1 or 2 has the consequences specified in subsection 9 of section 41-05-08

even if the purported successor is not the successor of a beneficiary. Documents

signed in the name of the beneficiary or of a disclosed successor by a person who is

neither the beneficiary nor the successor of the beneficiary are forged documents for

the purposes of section 41-05-09.

5. An issuer whose rights of reimbursement are not covered by subsection 4 or

substantially similar law and any confirmer or nominated person may decline to

recognize a presentation under subsection 2.

6. A beneficiary whose name is changed after the issuance of a letter of credit has the

same rights and obligations as a successor of a beneficiary under this section.
N.D. Cent. Code § 41-09-135 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-135
41-09-135. (9-805) Effectiveness of action taken before effective date
Status: in_force

41-09-135. (9-805) Effectiveness of action taken before effective date

1. The filing of a financing statement before this Act takes effect is effective to perfect a

security interest to the extent the filing would satisfy the applicable requirements for

perfection under this chapter as amended by this Act.

2. This Act does not render ineffective an effective financing statement that, before this

Act takes effect, is filed and satisfies the applicable requirements for perfection under

the law of the jurisdiction governing perfection as provided in this chapter as it existed

before amendment of this Act. However, except as otherwise provided in

subsections 3 and 4 and section 41-09-136, the financing statement ceases to be

effective:

a. If the financing statement is filed in this state, at the time the financing statement

would have ceased to be effective had this Act not taken effect; or

b. If the financing statement is filed in another jurisdiction, at the earlier of:

(1) The time the financing statement would have ceased to be effective under

the law of that jurisdiction; or

(2) June 30, 2018.

3. The filing of a continuation statement after this Act takes effect does not continue the

effectiveness of the financing statement filed before this Act takes effect. However,

upon the timely filing of a continuation statement after this Act takes effect, no later

than is required by section 41-09-86, and in accordance with the law of the jurisdiction

governing perfection as provided in this chapter as amended by this Act, the

effectiveness of a financing statement filed in the same office in that jurisdiction before

this Act takes effect continues for the period provided by the law of that jurisdiction.

4. Paragraph 2 of subdivision b of subsection 2 applies to a financing statement that,

before this Act takes effect, is filed against a transmitting utility and satisfies the

applicable requirements for perfection under the law of the jurisdiction governing

perfection as provided in this chapter as it existed before amendment, only to the

extent that this chapter as amended by this Act provides that the law of a jurisdiction

other than the jurisdiction in which the financing statement is filed governs perfection

of a security interest in collateral covered by the financing statement.

5. A financing statement that includes a financing statement filed before this Act takes

effect and a continuation statement filed after this Act takes effect is effective only to

the extent that it satisfies the requirements of sections 41-09-72 through 41-09-97 as

amended by this Act for an initial financing statement. A financing statement that

indicates that the debtor is a decedent's estate indicates that the collateral is being

administered by a personal representative within the meaning of subdivision b of

subsection 1 of section 41-09-74 as amended by this Act. A financing statement that

indicates that the debtor is a trust or is a trustee acting with respect to property held in

trust indicates that the collateral is held in a trust within the meaning of subdivision c of

subsection 1 of section 41-09-74 as amended by this Act.
N.D. Cent. Code § 4.1-03-15 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-15
4.1-03-15. Authorization to request records - Penalty
Status: in_force

4.1-03-15. Authorization to request records - Penalty

1. The commission may require the purchaser of cattle subject to assessment under this

chapter to furnish the commission with a list of persons from whom cattle were

purchased.

2. Any person knowingly refusing to furnish the commission with required information is

guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-41-01 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-01
4.1-41-01. Definitions
Status: in_force

4.1-41-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Brand name" means any word, name, symbol, or device, used singly or in

combination, that identifies commercial feed and distinguishes it from that of all others.

2. "Commercial feed" means any materials, used singly or in combination, which are

distributed, or are intended to be distributed, for use as feed or for mixing in feed,

except:

a. Unmixed whole seeds and unmixed physically altered seeds, provided the seeds

are not chemically changed or adulterated;

b. Commodities such as hay, straw, stover, silage, cobs, husks, and hulls, provided

the commodities are:

(1) Not intermixed or mixed with other materials;

(2) Not adulterated; and

(3) Specifically exempted by the commissioner;

c. Individual chemical compounds or substances, provided the chemical compounds

or substances are:

(1) Not intermixed or mixed with other materials;

(2) Not adulterated; and

(3) Specifically exempted by the commissioner; and

d. Unprocessed grain screenings or unprocessed mixed grain screenings, provided:

(1) The distributor does not make oral or written reference to the nutritional

value of the screenings;

(2) The screenings are not adulterated; and

(3) The screenings are specifically exempted by the commissioner.

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

4. "Contract feeder" means an independent contractor that feeds commercial feed to

animals pursuant to a contract under which the commercial feed is supplied, furnished,

or otherwise provided to the independent contractor and the independent contractor's

remuneration is determined in whole or in part by feed consumption, mortality, profits,

or the amount or quality of the product.

5. "Customer-formula feed" means a commercial feed that is manufactured according to

the specific instructions of the final purchaser.

6. "Distribute" means to:

a. Offer for sale, sell, exchange, or barter commercial feed or customer-formula

feed; or

b. Supply, furnish, or otherwise provide commercial feed or customer-formula feed

to a contract feeder.

7. "Drug" means any article:

a. Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of

disease in an animal other than a human; and

b. Other than feed, intended to affect the structure or function of an animal's body.

8. "Feed ingredient" means each of the constituent materials making up a commercial

feed.

9. "Guarantor" means the person whose name and principal mailing address appear on a

feed label and who is responsible for guaranteeing the information contained on the

label.

10. "Label" means any written, printed, or graphic information on or attached to a

commercial feed or customer-formula feed container or its wrapper, or the written

information accompanying the distribution of commercial feed or customer-formula

feed, including the invoice or delivery slip.

11. "Labeling" means the written, printed, or graphic information accompanying the

distribution of commercial feed or customer-formula feed, including promotional

materials distributed to market the feed and statements and promotions through radio,

television, or internet interface, or on an organization's website.

12. "Manufacture" means to grind, mix, blend, or further process a commercial feed for

distribution.

13. "Mineral feed" means a commercial feed intended to supply primarily mineral elements

or inorganic nutrients.

14. "Official sample" means any feed taken by the commissioner in accordance with

section 4.1-41-13.

15. "Percent" or "percentage" means a rate determined by weight.

16. "Pet food" means any commercial feed prepared and distributed for consumption by

dogs or cats.

17. "Product name" means a term that identifies a commercial feed as to its kind, class, or

specific use and which distinguishes that feed from all other products bearing the

same brand name.

18. "Quantity statement" means the net weight, mass, volume, or count of the feed.

19. "Specialty pet food" means a commercial feed prepared and distributed for

consumption by domesticated animals, not including dogs or cats, normally maintained

in a cage or a tank.

20. "Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].
N.D. Cent. Code § 41-03-21 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-21
41-03-21. (3-202) Negotiation subject to rescission
Status: in_force

41-03-21. (3-202) Negotiation subject to rescission

1. Negotiation is effective even if obtained from an infant, a corporation exceeding its

powers, or a person without capacity, by fraud, duress, or mistake, or in breach of duty

or as part of an illegal transaction.

2. To the extent permitted by other law, negotiation may be rescinded or may be subject

to other remedies, but those remedies may not be asserted against a subsequent

holder in due course or a person paying the instrument in good faith and without

knowledge of facts that are a basis for rescission or other remedy.
N.D. Cent. Code § 41-03-42 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-42
41-03-42. (3-405) Employer responsibility for fraudulent endorsement by employee
Status: in_force

41-03-42. (3-405) Employer responsibility for fraudulent endorsement by employee

1. This section applies to fraudulent endorsements of instruments with respect to which

an employer has entrusted an employee with responsibility as part of the employee's

duties. The following definitions apply to this section:

a. "Employee" includes, in addition to an employee of an employer, an independent

contractor and employee of an independent contractor retained by the employer.

b. "Fraudulent endorsement" means, in the case of an instrument payable to the

employer, a forged endorsement purporting to be that of the employer or, in the

case of an instrument with respect to which the employer is the issuer, a forged

endorsement purporting to be that of the person identified as payee.

c. "Responsibility" with respect to instruments means authority to sign or endorse

instruments on behalf of the employer; to process instruments received by the

employer for bookkeeping purposes, for deposit to an account, or for other

disposition; to prepare or process instruments for issue in the name of the

employer; to supply information determining the names or addresses of payees of

instruments to be issued in the name of the employer; to control the disposition of

instruments to be issued in the name of the employer; or to otherwise act with

respect to instruments in a responsible capacity. "Responsibility" does not include

authority that merely allows an employee to have access to instruments or blank

or incomplete instrument forms that are being stored or transported or are part of

incoming or outgoing mail, or similar access.

2. For the purpose of determining the rights and liabilities of a person who, in good faith,

pays an instrument or takes it for value or for collection, if an employee entrusted with

responsibility with respect to the instrument or a person acting in concert with the

employee makes a fraudulent endorsement to the instrument, the endorsement is

effective as the endorsement of the person to whom the instrument is payable if it is

made in the name of that person. If the person paying the instrument or taking it for

value or for collection fails to exercise ordinary care in paying or taking the instrument

and that failure substantially contributes to loss resulting from the fraud, the person

bearing the loss may recover from the person failing to exercise ordinary care to the

extent the failure to exercise ordinary care contributed to the loss.

3. Under subsection 2, an endorsement is made in the name of the person to whom an

instrument is payable if it is made in a name substantially similar to the name of that

person or if the instrument, whether or not endorsed, is deposited in a name

substantially similar to the name of that person.
N.D. Cent. Code § 4.1-52-03 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-03
4.1-52-03. Seed commission membership
Status: in_force

4.1-52-03. Seed commission membership

The seed commission is the governing board of the seed department. The seed commission

consists of the following members:

1. An individual appointed by the North Dakota crop improvement association;

2. An individual appointed by the North Dakota certified seed potato growers association;

3. An individual appointed by the North Dakota dry edible bean seed growers

association;

4. An individual appointed by the North Dakota agricultural association;

5. An individual appointed by the North Dakota potato council;

6. A resident of this state appointed by the northern plains potato growers association;

7. An individual who operates a seed-conditioning plant approved by the seed

department, appointed by the North Dakota grain dealers association;

8. The director of the agricultural experiment station or the director's designee; and

9. The agriculture commissioner or the agriculture commissioner's designee.
N.D. Cent. Code § 4.1-26-28 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-28
4.1-26-28. Records - Retention
Status: in_force

4.1-26-28. Records - Retention

1. The milk marketing board shall specify by rule all records that each licensee must

maintain.

2. Each licensee shall retain the records required in accordance with this section for a

period of three years.
N.D. Cent. Code § 4.1-59-33 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-33
4.1-59-33. Roving grain buyers - Exception - Applicability of provisions
Status: in_force

4.1-59-33. Roving grain buyers - Exception - Applicability of provisions

Notwithstanding any other law, this chapter does not apply to any person that purchases,

solicits, or merchandises grain, that has been cleaned, processed, and made ready for

consumption, from a public warehouseman licensed and bonded under chapter 4.1-58. If the

person engages in any activity other than those described in this section, the person is subject

to the law governing those other activities.
N.D. Cent. Code § 4.1-09-07 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-07
4.1-09-07. Election of council member - Sunflower district representative
Status: in_force

4.1-09-07. Election of council member - Sunflower district representative

1. Upon receiving the notice required by subdivision f of subsection 1 of section

4.1-09-05, the director of the North Dakota state university extension service shall call

a meeting of all county representatives in the sunflower district represented by the

member whose term is to expire.

2. The director shall notify each county representative in the sunflower district of the

meeting, by 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 § 41-08-15 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-15
41-08-15. (8-115) Securities intermediary and others not liable to adverse claimant
Status: in_force

41-08-15. (8-115) Securities intermediary and others not liable to adverse claimant

A securities intermediary that has transferred a financial asset pursuant to an effective

entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the

direction of its customer or principal, is not liable to a person having an adverse claim to the

financial asset, unless the securities intermediary, or broker or other agent or bailee:

1. Took the action after it had been served with an injunction, restraining order, or other

legal process enjoining it from doing so, issued by a court of competent jurisdiction,

and had a reasonable opportunity to act on the injunction, restraining order, or other

legal process;

2. Acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or

3. In the case of a security certificate that has been stolen, acted with notice of the

adverse claim.
N.D. Cent. Code § 4.1-59-06 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-06
4.1-59-06. Release of records - Confidentiality
Status: in_force

4.1-59-06. Release of records - Confidentiality

1. As a condition of licensure, an applicant shall agree to provide the commissioner, upon

request, any financial record the commissioner deems relevant for purposes related to:

a. The issuance or renewal of a grain buyer license; or

b. An investigation after issuance or renewal of a grain buyer license.

2. As a condition of licensure, an applicant shall file a records release with the

commissioner, authorizing the commissioner to obtain from any source any financial

record the commissioner deems relevant for purposes related to:

a. The issuance or renewal of a grain buyer license; or

b. An investigation after issuance or renewal of a grain buyer license.

3. Information obtained by the commissioner under this section is confidential and may

be provided only:

a. To federal authorities in accordance with federal law;

b. To the attorney general, state agencies, and law enforcement agencies for use in

the pursuit of official duties; and

c. As directed by an order of a court pursuant to a showing of good cause.
N.D. Cent. Code § 41-04-17 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-17
41-04-17. (4-205) Depositary bank holder of unendorsed item
Status: in_force

41-04-17. (4-205) Depositary bank holder of unendorsed item

If a customer delivers an item to a depositary bank for collection:

1. The depositary bank becomes a holder of the item at the time it receives the item for

collection if the customer at the time of delivery was a holder of the item, whether or

not the customer endorses, and, if it satisfies the other requirements of section

41-03-28, it may be a holder in due course.

2. The depositary bank warrants to subsequent collecting banks, the payor bank or other

payor, and the drawer that the amount of the item was paid to the customer or

deposited to the customer's account.
N.D. Cent. Code § 4.1-40-15 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-15
4.1-40-15. Seizure, condemnation, and sale
Status: in_force

4.1-40-15. Seizure, condemnation, and sale

1. Any lot of fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment,

or plant amendment, not in compliance with this chapter or implemented rules, is

subject to seizure upon the filing of a complaint by the commissioner with the district

court of the county in which the product is located.

2. If the court finds the product to be in violation of this chapter or any implemented rule

and orders its condemnation, the product must be disposed of in any manner

consistent with the quality of the product and the laws of the state.

3. Before ordering the disposition of a product, a court shall give the claimant an

opportunity to apply for the release of the product or for permission to process or

relabel the product to bring it into compliance with this chapter and implemented rules.
N.D. Cent. Code § 41-08-35 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-35
41-08-35. (8-402) Assurance that endorsement or instruction is effective
Status: in_force

41-08-35. (8-402) Assurance that endorsement or instruction is effective

1. An issuer may require the following assurance that each necessary endorsement or

each instruction is genuine and authorized:

a. In all cases, a guaranty of the signature of the person making an endorsement or

originating an instruction including, in the case of an instruction, reasonable

assurance of identity;

b. If the endorsement is made or the instruction is originated by an agent,

appropriate assurance of actual authority to sign;

c. If the endorsement is made or the instruction is originated by a fiduciary pursuant

to subdivision d or e of subsection 1 of section 41-08-07, appropriate evidence of

appointment or incumbency;

d. If there is more than one fiduciary, reasonable assurance that all who are

required to sign have done so; and

e. If the endorsement is made or the instruction is originated by a person not

covered by another provision of this subsection, assurance appropriate to the

case corresponding as nearly as may be to the provisions of this subsection.

2. An issuer may elect to require reasonable assurance beyond that specified in this

section.

3. In this section:

a. "Appropriate evidence of appointment or incumbency" means:

(1) In the case of a fiduciary appointed or qualified by a court, a certificate

issued by or under the direction or supervision of the court or an officer

thereof and dated within sixty days before the date of presentation for

transfer; or

(2) In any other case, a copy of a document showing the appointment or a

certificate issued by or on behalf of a person reasonably believed by an

issuer to be responsible or, in the absence of that document or certificate,

other evidence the issuer reasonably considers appropriate.

b. "Guaranty of the signature" means a guaranty signed by or on behalf of a person

reasonably believed by the issuer to be responsible. An issuer may adopt

standards with respect to responsibility if they are not manifestly unreasonable.
N.D. Cent. Code § 41-02.1-27 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-27
41-02.1-27. (2A-218) Insurance and proceeds
Status: in_force

41-02.1-27. (2A-218) Insurance and proceeds

1. A lessee obtains an insurable interest when existing goods are identified to the lease

contract even though the goods identified are nonconforming and the lessee has an

option to reject them.

2. If a lessee has an insurable interest only by reason of the lessor's identification of the

goods, the lessor, until default or insolvency or notification to the lessee that

identification is final, may substitute other goods for those identified.

3. Notwithstanding a lessee's insurable interest under subsections 1 and 2, the lessor

retains an insurable interest until an option to buy has been exercised by the lessee

and risk of loss has passed to the lessee.

4. Nothing in this section impairs any insurable interest recognized under any other

statute or rule of law.

5. The parties by agreement may determine that one or more parties have an obligation

to obtain and pay for insurance covering the goods and by agreement may determine

the beneficiary of the proceeds of the insurance.
N.D. Cent. Code § 4.1-33-19 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-19
4.1-33-19. Subpoenas
Status: in_force

4.1-33-19. Subpoenas

In any hearing to enforce this chapter, the commissioner may issue subpoenas to compel

the attendance of witnesses or production of books, documents, and records pertaining to

pesticide applications, sales, and purchases in the state.
N.D. Cent. Code § 4.1-58-53 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-53
4.1-58-53. Money received by trustee - Deposited in Bank of North Dakota
Status: in_force

4.1-58-53. Money received by trustee - Deposited in Bank of North Dakota

All moneys collected and received by the commissioner as trustee under this chapter,

pending the marshalling of the fund, must be deposited in the Bank of North Dakota.
N.D. Cent. Code § 4.1-27-14 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-14
4.1-27-14. Inspection of livestock - Fees and rules governing
Status: in_force

4.1-27-14. Inspection of livestock - Fees and rules governing

Before it is offered for sale, each animal that enters a livestock auction market must be

inspected for health by a veterinarian licensed in this state and approved by the state board of

animal health. Cattle also must be inspected for brands by a trained brand inspector, acting

under rules adopted by the North Dakota stockmen's association and the state board of animal

health. Veterinary inspection must include all livestock, whether it is to be moved interstate or

intrastate. The veterinary inspector must be recommended by the livestock auction market and

approved by the state board of animal health. The veterinarian must be a local veterinarian or a

veterinarian of the vicinity, unless there is no such veterinarian available. If the livestock auction

agency fails to recommend a veterinarian within a reasonable time, the board may approve a

veterinarian, if qualified and willing to accept the position at the market, and provide notice to

the market agency of the appointment. The services and duties of the veterinary inspector are

under the supervision of the state board of animal health and the inspector must be relieved of

office when the inspector fails to perform the required services and duties. Fees for the

inspection must be paid to the veterinarian by the livestock auction market company and must

be in an amount agreed upon by the auction market company and the veterinarian.
N.D. Cent. Code § 41-04-01 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-01
41-04-01. (4-101) Short title
Status: in_force

41-04-01. (4-101) Short title

This chapter shall be known and may be cited as Uniform Commercial Code - Bank

Deposits and Collections.
N.D. Cent. Code § 4.1-83-14 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-14
4.1-83-14. Agent's license - Requirements - Liability of principal
Status: in_force

4.1-83-14. Agent's license - Requirements - Liability of principal

Before the agriculture commissioner issues an agent's license, the commissioner shall

verify that:

1. The agent's principal is a livestock dealer licensed in accordance with this chapter; and

2. The principal has filed with the agriculture commissioner a signed statement indicating

that the principal is responsible for and will be held strictly liable for any acts and

omissions arising out of the agent's livestock dealings, even if the dealings were not

authorized by the principal.
N.D. Cent. Code § 4.1-32-01 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-01
4.1-32-01. License required to operate rendering plant
Status: in_force

4.1-32-01. License required to operate rendering plant

A person may not operate a rendering plant or other establishment using the carcasses of

domestic or wild animals, not intended for human consumption, for processing without first

obtaining a license from the agriculture commissioner. A license to operate a rendering plant

may be issued only upon a written application filed with the commissioner in accordance with

this chapter and rules adopted by the board.
N.D. Cent. Code § 4.1-27-12 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-12
4.1-27-12. Records to be kept by operator of auction market - Contents - Examination - Report
Status: in_force

4.1-27-12. Records to be kept by operator of auction market - Contents - Examination

- Report.

1. The operator of each livestock auction market shall keep on file an accurate record of

the following:

a. The date on which each consignment of animals was received and sold;

b. The name and address of the buyer and seller of the consigned animals;

c. The number and species of the animals received and sold; and

d. The marks and brands on each such animal.

2. The records, together with the gross selling price, commission, and other proper care,

handling, and sales charges on each consignment of livestock must be available for

inspection by the commissioner, or authorized inspectors. A copy of the information

required in this section must be supplied to the owner of the livestock. All records of

sales during the preceding twelve months must be kept readily accessible for

immediate examination by the commissioner.
N.D. Cent. Code § 41-07-12 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-12
41-07-12. (7-206) Termination of storage at warehouse's option
Status: in_force

41-07-12. (7-206) Termination of storage at warehouse's option

1. A warehouse, by giving notice to the person on whose account the goods are held and

any other person known to claim an interest in the goods, may require payment of any

charges and removal of the goods from the warehouse at the termination of the period

of storage fixed by the document of title or, if a period is not fixed, within a stated

period not less than thirty days after the warehouse gives notice. If the goods are not

removed before the date specified in the notice, the warehouse may sell them

pursuant to section 41-07-16.

2. If a warehouse in good faith believes that goods are about to deteriorate or decline in

value to less than the amount of its lien within the time provided in subsection 1 and

section 41-07-16, the warehouse may specify in the notice given under subsection 1

any reasonable shorter time for removal of the goods and, if the goods are not

removed, may sell them at public sale held not less than one week after a single

advertisement or posting.

3. If, as a result of a quality or condition of the goods of which the warehouse did not

have notice at the time of deposit, the goods are a hazard to other property, the

warehouse facilities, or other persons, the warehouse may sell the goods at public or

private sale without advertisement or posting on reasonable notification to all persons

known to claim an interest in the goods. If the warehouse, after a reasonable effort, is

unable to sell the goods, it may dispose of them in any lawful manner and does not

incur liability by reason of that disposition.

4. A warehouse shall deliver the goods to any person entitled to them under this chapter

upon due demand made at any time before sale or other disposition under this section.

5. A warehouse may satisfy its lien from the proceeds of any sale or disposition under

this section but shall hold the balance for delivery on the demand of any person to

which the warehouse would have been bound to deliver the goods.
N.D. Cent. Code § 4.1-18.1-05 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-05
4.1-18.1-05. Violations
Status: in_force

4.1-18.1-05. Violations

1. A producer found in violation of this chapter for negligently failing to provide the legal

description of the land where the producer is growing hemp, failing to obtain a license,

or by producing hemp with a total tetrahydrocannabinol concentration greater than the

amount determined by the commissioner is subject to:

a. Meeting a deadline set by the commissioner to come into compliance with this

chapter; and

b. Additional reporting requirements set by the commissioner for a period of no less

than two years.

2. An applicant or person licensed to grow hemp under this chapter found in violation of

the chapter with a culpable mental state greater than negligence must be reported to

the attorney general.
N.D. Cent. Code § 41-04-14 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-14
41-04-14. (4-202) Responsibility for collection or return - When action timely
Status: in_force

41-04-14. (4-202) Responsibility for collection or return - When action timely

1. A collecting bank must exercise ordinary care in the following matters:

a. Presenting an item or sending it for presentment.

b. Sending notice of dishonor or nonpayment or returning an item other than a

documentary draft to the bank's transferor after learning that the item has not

been paid or accepted.

c. Settling for an item when the bank receives final settlement.

d. Notifying its transferor of any loss or delay in transit within a reasonable time after

discovery thereof.

2. A collecting bank exercises ordinary care under subsection 1 by taking proper action

before its midnight deadline following receipt of an item, notice, or settlement. Taking

proper action within a reasonably longer time may constitute the exercise of ordinary

care but the bank has the burden of so establishing.

3. Subject to subdivision a of subsection 1, a bank is not liable for the insolvency, neglect,

misconduct, mistake, or default of another bank or person or for loss or destruction of

an item in transit or in the possession of others.
N.D. Cent. Code § 41-09-105 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-105
41-09-105. (9-608) Application of proceeds of collection or enforcement - Liability for deficiency and right to surplus
Status: in_force

41-09-105. (9-608) Application of proceeds of collection or enforcement - Liability for

deficiency and right to surplus.

1. If a security interest or agricultural lien secures payment or performance of an

obligation, the following rules apply:

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

collection or enforcement under section 41-09-104 in the following order to:

(1) The reasonable expenses of collection and enforcement and, to the extent

provided for by agreement and not prohibited by law, reasonable attorney's

fees and legal expenses incurred by the secured party;

(2) The satisfaction of obligations secured by the security interest or agricultural

lien under which the collection or enforcement is made; and

(3) The satisfaction of obligations secured by any subordinate security interest

in or other lien on the collateral subject to the security interest or agricultural

lien under which the collection or enforcement is made if the secured party

receives a signed demand for proceeds before distribution of the proceeds

is completed.

b. If requested by a secured party, a holder of a subordinate security interest or

other lien shall furnish reasonable proof of the interest or lien within a reasonable

time. Unless the holder complies, the secured party need not comply with the

holder's demand under subdivision c.

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

collection and enforcement under section 41-09-104 unless the failure to do so

would be commercially unreasonable. A secured party that applies or pays over

for application noncash proceeds shall do so in a commercially reasonable

manner.

d. A secured party shall account to and pay a debtor for any surplus, and the obligor

is liable for any deficiency.

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

or promissory notes, the debtor is not entitled to any surplus, and the obligor is not

liable for any deficiency.
N.D. Cent. Code § 41-02-72 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-72
41-02-72. (2-609) Right to adequate assurance of performance
Status: in_force

41-02-72. (2-609) Right to adequate assurance of performance

1. A contract for sale imposes an obligation on each party that the other's expectation of

receiving due performance will not be impaired. When reasonable grounds for

insecurity arise with respect to the performance of either party, the other party may in

writing demand adequate assurance of due performance and until the demanding

party receives such assurance may if commercially reasonable suspend any

performance for which the demanding party has not already received the agreed

return.

2. Between merchants the reasonableness of grounds for insecurity and the adequacy of

any assurance offered shall be determined according to commercial standards.

3. Acceptance of any improper delivery or payment does not prejudice the aggrieved

party's right to demand adequate assurance of future performance.

4. After receipt of a justified demand, failure to provide within a reasonable time not

exceeding thirty days such assurance of due performance as is adequate under the

circumstances of the particular case is a repudiation of the contract.
N.D. Cent. Code § 41-09-51 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-51
41-09-51. (9-331) Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles - Priority of interests in financial assets and security entitlements and protection against assertion of claim under chapters 41-08 and 41-12
Status: in_force

41-09-51. (9-331) Priority of rights of purchasers of controllable accounts,

controllable electronic records, controllable payment intangibles, documents,

instruments, and securities under other articles - Priority of interests in financial assets

and security entitlements and protection against assertion of claim under chapters 41-08

and 41-12.

1. This chapter does not limit the rights of a holder in due course of a negotiable

instrument, a holder to which a negotiable document of title has been duly negotiated,

a protected purchaser of a security, or a qualifying purchaser of a controllable account,

controllable electronic record, or controllable payment intangible. These holders or

purchasers take priority over an earlier security interest, even if perfected, to the extent

provided in chapters 41-03, 41-07, 41-08, and 41-12.

2. This chapter does not limit the rights of or impose liability on a person to the extent

that the person is protected against the assertion of a claim under chapters 41-08 and

41-12.

3. Filing under this chapter does not constitute notice of a claim or defense to the

holders, purchasers, or persons described in subsections 1 and 2.
N.D. Cent. Code § 41-08-10 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-10
41-08-10. (8-110) Applicability - Choice of law
Status: in_force

41-08-10. (8-110) Applicability - Choice of law

1. The local law of the issuer's jurisdiction, as specified in subsection 4, governs:

a. The validity of a security;

b. The rights and duties of the issuer with respect to registration of transfer;

c. The effectiveness of registration of transfer by the issuer;

d. Whether the issuer owes any duties to an adverse claimant to a security; and

e. Whether an adverse claim can be asserted against a person to whom transfer of

a certificated or uncertificated security is registered or a person who obtains

control of an uncertificated security.

2. The local law of the securities intermediary's jurisdiction, as specified in subsection 5,

governs:

a. Acquisition of a security entitlement from the securities intermediary;

b. The rights and duties of the securities intermediary and entitlement holder arising

out of a security entitlement;

c. Whether the securities intermediary owes any duties to an adverse claimant to a

security entitlement; and

d. Whether an adverse claim can be asserted against a person who acquires a

security entitlement from the securities intermediary or a person who purchases a

security entitlement or interest therein from an entitlement holder.

3. The local law of the jurisdiction in which a security certificate is located at the time of

delivery governs whether an adverse claim can be asserted against a person to whom

the security certificate is delivered.

4. "Issuer's jurisdiction" means the jurisdiction under which the issuer of the security is

organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction

specified by the issuer. An issuer organized under the law of this state may specify the

law of another jurisdiction as the law governing the matters specified in subdivisions b

through e of subsection 1.

5. The following rules determine a "securities intermediary's jurisdiction" for purposes of

this section:

a. If an agreement between the securities intermediary and its entitlement holder

governing the securities account expressly provides that a particular jurisdiction is

the securities intermediary's jurisdiction for purposes of this part, this chapter, or

this title, that jurisdiction is the securities intermediary's jurisdiction.

b. If subdivision a does not apply and an agreement between the securities

intermediary and its entitlement holder governing the securities account expressly

provides that the agreement is governed by the law of a particular jurisdiction,

that jurisdiction is the securities intermediary's jurisdiction.

c. If neither subdivision a nor b applies and an agreement between the securities

intermediary and its entitlement holder governing the securities account expressly

provides that the securities account is maintained at an office in a particular

jurisdiction, that jurisdiction is the securities intermediary's jurisdiction.

d. If none of the preceding subdivisions applies, the securities intermediary's

jurisdiction is the jurisdiction in which the office identified in an account statement

as the office serving the entitlement holder's account is located.

e. If none of the preceding subdivisions applies, the securities intermediary's

jurisdiction is the jurisdiction in which the chief executive office of the securities

intermediary is located.

6. A securities intermediary's jurisdiction is not determined by the physical location of

certificates representing financial assets, or by the jurisdiction in which is organized

the issuer of the financial asset with respect to which an entitlement holder has a

security entitlement, or by the location of facilities for data processing or other

recordkeeping concerning the account.

7. The local law of the issuer's jurisdiction or the securities intermediary's jurisdiction

governs a matter or transaction specified in subsection 1 or 2 even if the matter or

transaction does not bear any relation to the jurisdiction.
N.D. Cent. Code § 41-02-11 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-11
41-02-11. (2-204) Formation in general
Status: in_force

41-02-11. (2-204) Formation in general

1. A contract for sale of goods may be made in any manner sufficient to show agreement,

including conduct by both parties which recognizes the existence of such a contract.

2. An agreement sufficient to constitute a contract for sale may be found even though the

moment of its making is undetermined.

3. Even though one or more terms are left open, a contract for sale does not fail for

indefiniteness if the parties have intended to make a contract and there is a

reasonably certain basis for giving an appropriate remedy.
N.D. Cent. Code § 41-02.1-65 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-65
41-02.1-65. (2A-517) Revocation of acceptance of goods
Status: in_force

41-02.1-65. (2A-517) Revocation of acceptance of goods

1. A lessee may revoke acceptance of a lot or commercial unit whose nonconformity

substantially impairs its value to the lessee if:

a. Except in the case of a finance lease, on the reasonable assumption that its

nonconformity would be cured and it has not been seasonably cured; or

b. Without discovery of the nonconformity if the lessee's acceptance was

reasonably induced either by the lessor's assurances or, except in the case of a

finance lease, by the difficulty of discovery before acceptance.

2. Except in the case of a finance lease that is not a consumer lease, a lessee may

revoke acceptance of a lot or commercial unit if the lessor commits a default under the

lease contract which substantially impairs the value of that lot or commercial unit to the

lessee.

3. If the lease agreement so provides, the lessee may revoke acceptance of a lot or

commercial unit for other defaults by the lessor.

4. Revocation of acceptance must occur within a reasonable time after the lessee

discovers or should have discovered the ground for it and before any substantial

change in condition of the goods which is not caused by the nonconformity.

Revocation is not effective until the lessee notifies the lessor.

5. A lessee who so revokes has the same rights and duties with regard to the goods

involved as if the lessee had rejected them.
N.D. Cent. Code § 4.1-26-32 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-32
4.1-26-32. Inspections and investigations
Status: in_force

4.1-26-32. Inspections and investigations

1. A representative of the milk marketing board may enter upon real property and access

any structure and personal property, at any time, for the purpose of:

a. Inspecting or pursuing an investigation pertaining to the production, storage,

processing, manufacturing, or sale of raw milk, milk products, or frozen dairy

products; or

b. Inspecting records to determine statutory and regulatory compliance.

2. The milk marketing board may subpoena records, copy records, and audit records of

any person doing business with an individual licensed under this chapter.
N.D. Cent. Code § 4.1-18.1-04.3 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-04.3
4.1-18.1-04.3. Prohibited acts - Licensee
Status: in_force

4.1-18.1-04.3. Prohibited acts - Licensee

A licensee may not:

1. Chemically modify or convert a hemp extract, or engage in any process that converts

cannabidiol into delta-9, delta-8, delta-10-tetrahydrocannabinol, or other

tetrahydrocannabinol isomers, analogs, or derivatives; and

2. Sell or distribute hemp or hemp commodities or products that contain chemically

derived cannabinoids or were created by chemically modifying or converting a hemp

extract.
N.D. Cent. Code § 41-03-14 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-14
41-03-14. (3-114) Contradictory terms of instrument
Status: in_force

41-03-14. (3-114) Contradictory terms of instrument

If an instrument contains contradictory terms, typewritten terms prevail over printed terms,

handwritten terms prevail over both, and words prevail over numbers.
N.D. Cent. Code § 41-09-99 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-99
41-09-99. (9-602) Waiver and variance of rights and duties
Status: in_force

41-09-99. (9-602) Waiver and variance of rights and duties

Except as otherwise provided in section 41-09-119, to the extent that they give rights to a

debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or

vary the rules stated in the following listed sections:

1. Paragraph 3 of subdivision d of subsection 2 of section 41-09-17, which deals with use

and operation of the collateral by the secured party;

2. Section 41-09-20, which deals with requests for an accounting and requests

concerning a list of collateral and statement of account;

3. Section 41-09-22, which deals with perfection and priority of agricultural liens;

4. Subsection 3 of section 41-09-104, which deals with collection and enforcement of

collateral;

5. Subsection 1 of section 41-09-105 and subsection 3 of section 41-09-111 to the extent

that they deal with application or payment of noncash proceeds of collection,

enforcement, or disposition;

6. Subsection 1 of section 41-09-105 and subsection 4 of section 41-09-111 to the extent

that they require accounting for or payment of surplus proceeds of collateral;

7. Section 41-09-106 to the extent that it imposes upon a secured party that takes

possession of collateral without judicial process the duty to do so without breach of the

peace;

8. Subsection 2 of section 41-09-107, section 41-09-108, and section 41-09-110, which

deal with disposition of collateral;

9. Subsection 6 of section 41-09-111, which deals with calculation of a deficiency or

surplus when a disposition is made to the secured party, a person related to the

secured party, or a secondary obligor;

10. Sections 41-09-115 through 41-09-117, which deal with acceptance of collateral in

satisfaction of obligation;

11. Section 41-09-118, which deals with redemption of collateral;

12. Section 41-09-119, which deals with permissible waivers; and

13. Sections 41-09-120 and 41-09-121, which deal with the secured party's liability for

failure to comply with this chapter.
N.D. Cent. Code § 4.1-58-23 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-23
4.1-58-23. Issuance of informal memoranda forbidden - Penalty
Status: in_force

4.1-58-23. Issuance of informal memoranda forbidden - Penalty

A warehouseman that fails to issue a receipt, as is provided in sections 4.1-58-16 and

4.1-58-17, or issues slips, memoranda, or any other form of receipt embracing a different

warehouse or storage contract than is provided for specifically in this chapter, is guilty of a

class A misdemeanor.
N.D. Cent. Code § 4.1-26-10 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-10
4.1-26-10. Milk stabilization plans - Required provisions
Status: in_force

4.1-26-10. Milk stabilization plans - Required provisions

The milk marketing board shall establish a milk stabilization plan for each milk marketing

area.

1. a. Each milk stabilization plan must include the minimum price that processors

located within the particular milk marketing area must pay to dairy farmers for raw

milk.

b. In establishing the minimum price, as required by this subsection, the board shall

consider various factors pertinent to the milk marketing area, including:

(1) Supplies of raw milk;

(2) Reserve supplies of raw milk;

(3) Production and retail sales data;

(4) Feed prices; and

(5) Wage rates.

2. a. Each milk stabilization plan must include the minimum price that a processor

must charge a retailer for milk products, provided the minimum price for each

item is applicable, regardless of the location at which the retailer accepts delivery.

b. Each milk stabilization plan must include the minimum price that a distributor

must charge a retailer for milk products, provided the minimum price for each

item is applicable, regardless of the location at which the retailer accepts delivery.

c. Each milk stabilization plan must include the minimum price that any person must

charge a consumer for milk products.

d. In establishing the minimum price, as required by this subsection, the board shall

consider various factors pertinent to the milk marketing area, including:

(1) Raw milk prices;

(2) Processing and distribution costs;

(3) Returns upon investment; and

(4) Retail sales volumes.
N.D. Cent. Code § 4.1-53-52 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-52
4.1-53-52. Germination test - Requirement for sale
Status: in_force

4.1-53-52. Germination test - Requirement for sale

1. a. Except as provided in subsection 4, a person may not offer for sale or sell any

agricultural seed unless:

(1) The seed has been tested to determine the percentage of germination; and

(2) The period of time between the first day of the month following that in which

the germination test was completed and the date on which the seed is

offered for sale or sold does not exceed nine months.

b. Subdivision a is not applicable to lawn and turf grasses.

2. a. Except as provided in subsection 4, a person may not offer for sale or sell any

flower, vegetable, grass, or forb seed unless:

(1) The seed has been tested to determine the percentage of germination; and

(2) The period of time between the first day of the month following that in which

the germination test was completed and the date on which the seed is

offered for sale or sold does not exceed twelve months.

b. Subdivision a is not applicable to lawn and turf grasses.

3. Except as provided in subsection 4, a person may not offer for sale or sell any lawn

and turf grass seed, or any blends or mixtures of lawn and turf grass seed, unless:

a. The seed has been tested to determine the percentage of germination; and

b. The period of time between the first day of the month following that in which the

germination test was completed and the date on which the seed is offered for

sale or sold does not exceed fifteen months.

4. A person may not offer for sale or sell any agricultural, flower, vegetable, or tree or

shrub seed in hermetically sealed packages unless:

a. The seed has been tested to determine the percentage of germination; and

b. The period of time between the first day of the month following that in which the

germination test was completed and the date on which the seed is offered for

sale or sold does not exceed thirty-six months.
N.D. Cent. Code § 4.1-45-18 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-18
4.1-45-18. Attorney general to act as legal adviser
Status: in_force

4.1-45-18. Attorney general to act as legal adviser

The attorney general shall appoint an assistant attorney general or a special assistant

attorney general to provide legal assistance to the state fair association. The appointment is

revocable at the pleasure of the attorney general. This section does not prohibit the state fair

association from employing any other attorney to carry out the legal functions of the association

or provide additional legal services, other than those provided through the office of the attorney

general, necessary for the proper administration of the state fair association.
N.D. Cent. Code § 4.1-33-01.1 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-01.1
4.1-33-01.1. Standards for pesticide certification
Status: in_force

4.1-33-01.1. Standards for pesticide certification

The pesticide certification standards as defined under section 4.1-33-01, are incorporated

by reference and made part of this chapter.
N.D. Cent. Code § 41-07-21 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-21
41-07-21. (7-305) Destination bills
Status: in_force

41-07-21. (7-305) Destination bills

1. Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at

the request of the consignor, may procure the bill to be issued at destination or at any

other place designated in the request.

2. Upon request of any person entitled as against a carrier to control the goods while in

transit and on surrender of possession or control of any outstanding bill of lading or

other receipt covering the goods, the issuer, subject to section 41-07-05, may procure

a substitute bill to be issued at any place designated in the request.
N.D. Cent. Code § 4.1-13-26 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-26
4.1-13-26. Penalty
Status: in_force

4.1-13-26. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-12-09 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-09
4.1-12-09. Authorized expenditures
Status: in_force

4.1-12-09. Authorized expenditures

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

programs, and market development efforts, as well as participation in programs under the

auspices of the national turkey federation.
N.D. Cent. Code § 4.1-25-25 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-25
4.1-25-25. Suspension or revocation of license - Judicial review - Emergency order
Status: in_force

4.1-25-25. Suspension or revocation of license - Judicial review - Emergency order

Any proceedings under this chapter for the suspension or revocation of a license, or to

determine compliance with this chapter or the rules and orders of the commissioner, must be

conducted in accordance with the provisions of chapter 28-32 and appeals may be made as

provided. When an emergency exists requiring immediate action to protect the public health and

safety, without notice or hearing, the commissioner may issue an order reciting the existence of

the emergency and requiring action be taken to protect the public health and safety.

Notwithstanding any provision of this chapter, the order is effective immediately, but on

application to the department an interested person must be afforded a hearing before the

department within ten days. On the basis of the hearing, the emergency order must be

continued, modified, or revoked within thirty days after the hearing.
N.D. Cent. Code § 41-09-52 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-52
41-09-52. (9-332) Transfer of money - Transfer of funds from deposit account
Status: in_force

41-09-52. (9-332) Transfer of money - Transfer of funds from deposit account

1. A transferee of tangible money takes the money free of a security interest if the

transferee receives possession of the money without acting in collusion with the debtor

in violating the rights of the secured party.

2. A transferee of funds from a deposit account takes the funds free of a security interest

in the deposit account if the transferee receives the funds without acting in collusion

with the debtor in violating the rights of the secured party.

3. A transferee of electronic money takes the money free of a security interest if the

transferee obtains control of the money without acting in collusion with the debtor in

violating the rights of the secured party.
N.D. Cent. Code § 41-09-42 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-42
41-09-42. (9-322) Priorities among conflicting security interests in and agricultural liens on same collateral
Status: in_force

41-09-42. (9-322) Priorities among conflicting security interests in and agricultural

liens on same collateral.

1. Except as otherwise provided in this section, priority among conflicting security

interests and agricultural liens in the same collateral is determined according to the

following rules:

a. Conflicting perfected security interests and agricultural liens rank according to

priority in time of filing or perfection. Priority dates from the earlier of the time a

filing covering the collateral is first made or the security interest or agricultural lien

is first perfected, if there is no period thereafter when there is neither filing nor

perfection.

b. A perfected security interest or agricultural lien has priority over a conflicting

unperfected security interest or agricultural lien.

c. The first security interest or agricultural lien to attach or become effective has

priority if conflicting security interests and agricultural liens are unperfected.

2. For the purposes of subdivision a of subsection 1:

a. The time of filing or perfection as to a security interest in collateral is also the time

of filing or perfection as to a security interest in proceeds; and

b. The time of filing or perfection as to a security interest in collateral supported by a

supporting obligation is also the time of filing or perfection as to a security interest

in the supporting obligation.

3. Except as otherwise provided in subsection 6, a security interest in collateral which

qualifies for priority over a conflicting security interest under section 41-09-47,

41-09-48, 41-09-49, 41-09-50, or 41-09-51 also has priority over a conflicting security

interest in:

a. Any supporting obligation for the collateral; and

b. Proceeds of the collateral if:

(1) The security interest in proceeds is perfected;

(2) The proceeds are cash proceeds or of the same type as the collateral; and

(3) In the case of proceeds that are proceeds of proceeds, all intervening

proceeds are cash proceeds, proceeds of the same type as the collateral, or

an account relating to the collateral.

4. Subject to subsection 5 and except as otherwise provided in subsection 6, if a security

interest in chattel paper, deposit accounts, negotiable documents, instruments,

investment property, or letter-of-credit rights is perfected by a method other than filing,

conflicting perfected security interests in proceeds of the collateral rank according to

priority in time of filing.

5. Subsection 4 applies only if the proceeds of the collateral are not cash proceeds,

chattel paper, negotiable documents, instruments, investment property, or

letter-of-credit rights.

6. Subsections 1 through 5 are subject to:

a. Subsection 7 and the other provisions of this part;

b. Section 41-04-22 with respect to a security interest of a collecting bank;

c. Section 41-05-18 with respect to a security interest of an issuer or nominated

person; and

d. Section 41-09-10 with respect to a security interest arising under chapter 41-02 or

41-02.1.

7. A perfected agricultural lien on collateral has priority over the conflicting rights of a lien

creditor and over a conflicting security interest in or agricultural lien on the same

collateral if the statute creating the agricultural lien so provides.
N.D. Cent. Code § 4.1-25-45 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-45
4.1-25-45. Standards considered minimum - Municipality may provide more stringent standards
Status: in_force

4.1-25-45. Standards considered minimum - Municipality may provide more stringent

standards.

The standards in this chapter constitute only minimum standards. This chapter may not be

construed to prevent any municipality from providing, by ordinance, more stringent or

comprehensive standards than are contained within this chapter. Neither this chapter nor in the

rules of the commissioner may be construed to prevent any person concerned with the dairy

business from using standards, inspections, or other practices or procedures that are more

stringent or comprehensive.
N.D. Cent. Code § 41-02-98 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-98
41-02-98. (2-719) Contractual modification or limitation of remedy
Status: in_force

41-02-98. (2-719) Contractual modification or limitation of remedy

1. Subject to the provisions of subsections 2 and 3 of this section and of section 41-02-97

on liquidation and limitation of damages:

a. The agreement may provide for remedies in addition to or in substitution for those

provided in this chapter and may limit or alter the measure of damages

recoverable under this chapter, as by limiting the buyer's remedies to return of the

goods and repayment of the price or to repair and replacement of nonconforming

goods or parts; and

b. Resort to a remedy as provided is optional unless the remedy is expressly agreed

to be exclusive, in which case it is the sole remedy.

2. If circumstances cause an exclusive or limited remedy to fail of its essential purpose,

remedy may be had as provided in this title.

3. Consequential damages may be limited or excluded unless the limitation or exclusion

is unconscionable. Limitation of consequential damages for injury to the person in the

case of consumer goods is prima facie unconscionable but limitation of damages

where the loss is commercial is not.
N.D. Cent. Code § 4.1-18.1-13 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-13
4.1-18.1-13. Powers of receiver
Status: in_force

4.1-18.1-13. Powers of receiver

1. When a receiver is appointed by the court pursuant to this chapter, the receiver may

sue for, collect, receive, or take into possession all the goods and chattels, rights and

credits, moneys and effects, lands and tenements, books, records, documents,

papers, choses in action, bills, notes, and property of every description, derived by

means of a violation of this chapter, including property with which the property has

been commingled if it cannot be identified in kind because of the commingling, and

sell, convey, and assign the property and hold and dispose of the proceeds under the

direction of the court.

2. A person who has suffered damages due to another person violating this chapter and

submits proof to the satisfaction of the court that the person has in fact been damaged

may participate with general creditors in the distribution of the assets to the extent the

person has sustained losses. The court has jurisdiction of all questions arising in these

proceedings and may make orders and judgments as necessary.
N.D. Cent. Code § 4.1-35-05 — ND Code / Title 4.1 / Chapter 4.1-35 / Section 4.1-35-05
4.1-35-05. Enforcement
Status: in_force

4.1-35-05. Enforcement

1. The commissioner shall enforce this chapter and any rules adopted under this chapter.

2. The commissioner may seek an injunction in the district court in the county in which a

violation occurs or may issue a cease and desist order to any person for any alleged

violation of this chapter or any rules adopted under this chapter.

3. For the purpose of carrying out the provisions of this chapter, the commissioner and

the department of water resources may enter upon any public or private premises at

reasonable times in order to:

a. Have access for the purpose of inspecting any equipment subject to this chapter

and the premises on which the equipment is stored or used.

b. Inspect or sample lands actually, or reported to be, exposed to pesticides or

fertilizers through chemigation.

c. Inspect storage or disposal areas.

d. Inspect or investigate complaints of injury to humans or animals.

e. Sample pesticides and fertilizers and pesticide or fertilizer mixes being applied or

to be applied.

f. Observe the use and application of a pesticide or fertilizer through chemigation.

g. Have access for the purpose of inspecting a premise or other place where

equipment or devices used for chemigation are held for distribution, sale, or use.