N.D. Cent. Code § 4.1-31-10 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-10
4.1-31-10. Individual and custom processing - Exemption from inspection requirements
Status: in_force

4.1-31-10. Individual and custom processing - Exemption from inspection

requirements.

1. This chapter does not apply to an individual processing the individual's own animals

and the individual's preparation and transportation in intrastate commerce of the

carcasses and meat food products provided the animals are for the exclusive use of

the individual, members of the individual's household, the individual's nonpaying

guests, and employees.

2. The provisions of this chapter requiring inspection of the slaughter of animals, the

preparation of the carcasses and meat and meat food products at establishments

conducting those operations do not apply to the custom processing by a person of

animals delivered by the owner for processing, and the preparation or transportation in

intrastate commerce of the carcasses and meat food products of the animals, provided

the products are to be used exclusively in the household of the animal's owner by the

owner and members of the owner's household, nonpaying guests, and employees.

3. A custom processor may not engage in the business of buying or selling carcasses or

meat food products of animals, other than poultry, usable as human food unless the

carcasses or meat food products have been inspected and passed and are identified

as inspected and passed by the commissioner or the United States department of

agriculture.

4. The provisions of this chapter requiring inspection of the preparation of poultry

carcasses and poultry food products at establishments conducting those operations do

not apply to any retailer with respect to poultry products sold in commerce directly to

consumers in an individual retail store, provided the retailer does not engage in the

business of custom slaughter, and provided the poultry products sold in commerce are

derived from poultry inspected and passed by the commissioner or the United States

department of agriculture.
N.D. Cent. Code § 41-07-06 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-06
41-07-06. (7-106) Control of electronic document of title
Status: in_force

41-07-06. (7-106) Control of electronic document of title

1. A person has control of an electronic document of title if a system employed for

evidencing the transfer of interests in the electronic document reliably establishes that

person as the person to which the electronic document was issued or transferred.

2. A system satisfies subsection 1, and a person has control of an electronic document of

title, if the document is created, stored, and transferred in a manner that:

a. A single authoritative copy of the document exists which is unique, identifiable,

and, except as otherwise provided in subdivisions d, e, and f, unalterable;

b. The authoritative copy identifies the person asserting control as:

(1) The person to which the document was issued; or

(2) If the authoritative copy indicates that the document has been transferred,

the person to which the document was most recently transferred;

c. The authoritative copy is communicated to and maintained by the person

asserting control or its designated custodian;

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

authoritative copy can be made only with the consent of the person asserting

control;

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 person has control of an electronic document of

title, if an authoritative electronic copy of the document, a record attached to or

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

is recorded:

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

authoritative copy or a nonauthoritative copy;

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

identifying number, cryptographic key, office, or account number, as the person to

which each authoritative electronic copy was issued or transferred; and

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

(1) Prevent others from adding or changing the person to which each

authoritative electronic copy has been issued or transferred; and

(2) Transfer control of each 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 document of title or has a protocol that is

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 person is not shared with another person under subdivision b of

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

a. The person 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 person; or

(2) Is the transferor to the person of an interest in the document of title.

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

presumed to be exclusive.

7. A person has control of an electronic document of title if another person, other than the

transferor to the person of an interest in the document:

a. Has control of the document and acknowledges that it has control on behalf of the

person; or

b. Obtains control of the document after having acknowledged that it will obtain

control of the document on behalf of the person.

8. A person that has control under this section is not required to acknowledge that it has

control on behalf of another person.

9. If a person acknowledges that it has or will obtain control on behalf of another person,

unless the person otherwise agrees or law other than this chapter or chapter 41-09

otherwise provides, the person does not owe any duty to the other person and is not

required to confirm the acknowledgment to any other person.
N.D. Cent. Code § 4.1-41-06 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-06
4.1-41-06. Commercial feed - Label - Content
Status: in_force

4.1-41-06. Commercial feed - Label - Content

Except as provided in section 4.1-41-07, any commercial feed that is distributed in this state

must be labeled. The label must include:

1. The product's name, including any brand name under which the product is distributed;

2. The product's weight, volume, or quantity, as appropriate;

3. A guaranteed analysis expressed on an "as is" basis as determined by the

commissioner to adequately advise the consumer of the composition and contents of

the commercial feed or to support claims made in the labeling. The composition and

contents of the commercial feed must be determinable by laboratory tests, such as the

methods published by the association of official analytical chemists international;

4. Unless waived by the commissioner in the interest of consumers, the commonly

accepted name of each ingredient or, if permitted by the commissioner, a collective

term for a group of ingredients that perform a similar function;

5. The name and principal mailing address of the manufacturer or the distributor;

6. Directions for the safe and effective use of all commercial feed containing drugs and

those determined by the commissioner as being necessary; and

7. Any precautionary statements recommended by the commissioner to ensure the safe

and effective use of the feed.
N.D. Cent. Code § 41-11-08 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-08
41-11-08. (A-305) Priority
Status: in_force

41-11-08. (A-305) Priority

1. Subject to subsections 2 and 3, this Act determines the priority of conflicting claims to

collateral.

2. Subject to subsection 3, if the priorities of claims to collateral were established before

August 1, 2023, chapter 41-09 as in effect before August 1, 2023, determines priority.

3. On the adjustment date, to the extent the priorities determined by chapter 41-09 as

amended by this Act modify the priorities established before August 1, 2023, the

priorities of claims to Article 12 property and electronic money established before

August 1, 2023, cease to apply.
N.D. Cent. Code § 41-03-15 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-15
41-03-15. (3-115) Incomplete instrument
Status: in_force

41-03-15. (3-115) Incomplete instrument

1. "Incomplete instrument" means a signed writing, whether or not issued by the signer,

the contents of which show at the time of signing that it is incomplete but that the

signer intended it to be completed by the addition of words or numbers.

2. Subject to subsection 3, if an incomplete instrument is an instrument under section

41-03-04, it may be enforced according to its terms if it is not completed or according

to its terms as augmented by completion. If an incomplete instrument is not an

instrument under section 41-03-04 but, after completion, the requirements of section

41-03-04 are met, the instrument may be enforced according to its terms as

augmented by completion.

3. If words or numbers are added to an incomplete instrument without authority of the

signer, there is an alteration of the incomplete instrument governed by section

41-03-44.

4. The burden of establishing that words or numbers were added to an incomplete

instrument without authority of the signer is on the person asserting the lack of

authority.
N.D. Cent. Code § 4.1-52-11 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-11
4.1-52-11. Seed department fund - Continuing appropriation
Status: in_force

4.1-52-11. Seed department fund - Continuing appropriation

1. The seed commissioner shall forward all moneys received under the chapters over

which the commissioner has authority to the state treasurer for deposit in a special

fund known as the seed department fund. All moneys in the seed department fund are

appropriated on a continuing basis to the seed department to carry out its statutory

and regulatory obligations.

2. The seed commissioner shall approve all expenditures made pursuant to the chapters

over which the commissioner has authority and shall document the expenditures at the

time and in the manner required by the office of management and budget.

3. The seed commissioner shall provide a report to the house and senate appropriations

committees of the legislative assembly, at the time and in the manner directed by the

chairmen of the committees. The report must contain a summary of the department's

activities during the current biennium and a statement of revenues and expenditures

for the ensuing biennium.

4. At the direction of the seed commission, the state treasurer shall invest all available

moneys in the seed department fund. The state treasurer shall credit twenty percent of

the investment income to the general fund and the remaining eighty percent of the

investment income to the seed department fund.
N.D. Cent. Code § 4.1-13-15 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-15
4.1-13-15. Assessment
Status: in_force

4.1-13-15. Assessment

An assessment at the rate of twenty mills per bushel [35.24 liters] by weight is imposed

upon all wheat:

1. Grown in this state, at the time of its sale;

2. Delivered into this state, at the time of its sale; and

3. Sold through commercial channels to a first purchaser in this state.
N.D. Cent. Code § 4.1-53-23 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-23
4.1-53-23. Vegetable seed - Additional label requirements
Status: in_force

4.1-53-23. Vegetable seed - Additional label requirements

If the germination test referenced in section 4.1-53-22 results in a finding that the seed does

not meet the standards for germination, as established by the commissioner, the label must

include:

1. The percentage of germination, exclusive of hard seed;

2. The percentage of hard seed, if present; and

3. The words "below standard" in at least eight-point type.
N.D. Cent. Code § 4.1-61-14 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-14
4.1-61-14. Subrogation
Status: in_force

4.1-61-14. Subrogation

Money paid from the credit-sale contract indemnity fund in satisfaction of a valid claim

constitutes a debt obligation of the person against which the claim was made. The

commissioner may take action on behalf of the fund against a person to recover the amount of

payment made, plus costs and attorney's fees. Recovery for reimbursement to the fund must

include interest computed at the weight average prime rate charged by the Bank of North

Dakota. Upon payment of a claim from the credit-sale contract indemnity fund, the claimant shall

subrogate the interest of the claimant, if any, to the commissioner in a cause of action against all

parties, to the amount of the loss that the claimant was reimbursed by the fund.
N.D. Cent. Code § 4.1-18.1-11 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-11
4.1-18.1-11. Assurance of voluntary compliance
Status: in_force

4.1-18.1-11. Assurance of voluntary compliance

The commissioner may accept an assurance of voluntary compliance for an act or practice

the commissioner determines may be in violation of this chapter, from any person the

commissioner alleges is about to engage in, engaging in, or has engaged in the violation. The

assurance of voluntary compliance must be in writing and must be filed with and is subject to

the approval of the district court of the county in which the alleged violator resides or has as a

principal place of business, conducts business, or in Burleigh County.
N.D. Cent. Code § 4.1-18.1-07.1 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-07.1
4.1-18.1-07.1. Powers of commissioner
Status: in_force

4.1-18.1-07.1. Powers of commissioner

If the commissioner reasonably suspects a person is about to engage in, has engaged in, or

is engaging in, a violation of this chapter, the commissioner may:

1. Require the person to file, on forms the commissioner prescribes, a statement or

report in writing, under oath or otherwise, of all the facts and circumstances

concerning the creation, sale, distribution, or advertisement of the hemp commodity or

product by the person, as well as other data;

2. Examine under oath the person in connection with the creation, sale, distribution, or

advertisement of any hemp commodity or product;

3. Examine any merchandise or sample, record, book, document, account, or paper

concerning the creation, sale, distribution, or advertisement of hemp commodity or

product by the person; and

4. Pursuant to an order of a district court, seize and retain any merchandise or sample,

record, book, document, account, paper, or other evidence as authorized by the order.
N.D. Cent. Code § 4.1-55-01 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-01
4.1-55-01. Definitions
Status: in_force

4.1-55-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Certification" means a process that includes the random inspection of potato plants

growing in the field, the random inspection of seed potatoes after they have been

harvested, and a determination that the seed potatoes are within acceptable disease

tolerance levels.

2. "Certified" means a designation, the use of which is authorized by the seed

commissioner, to indicate that the seed potatoes have met the requirements for

certification.

3. "Closed container" means a container that is sewn, tied, sealed, glued, nailed, or

otherwise secured for handling.

4. "Inspection" means the examination of a random sample of potato plants or potato

tubers in accordance with rules of the seed department or requirements of the United

States department of agriculture.

5. "Label" means a tag or device attached to a container, stamped or printed information

on a container, or documentation accompanying a container, which sets forth the

information required by law.

6. "Potato" means an Irish potato.

7. "Selection" means a subgroup of a potato variety and includes clones, lines, strains,

and sports.

8. "Variety" means a subdivision of a kind that:

a. Can be differentiated by one or more identifiable morphological, physiological, or

other characteristics from other varieties of the same kind;

b. Has describable variations in essential and distinct characteristics; and

c. Will remain unchanged in its essential and distinct characteristics and uniformity

when reproduced or reconstituted, as required by the different categories of

varieties.
N.D. Cent. Code § 41-04.1-37 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-37
41-04.1-37. (4A-506) Rate of interest
Status: in_force

41-04.1-37. (4A-506) Rate of interest

1. If, under this chapter, a receiving bank is obliged to pay interest with respect to a

payment order issued to the bank, the amount payable may be determined by

agreement of the sender and receiving bank or by a funds-transfer system rule if the

payment order is transmitted through a funds-transfer system.

2. If the amount of interest is not determined by an agreement or rule as stated in

subsection 1, the amount is calculated by multiplying the applicable federal funds rate

by the amount on which interest is payable, and then multiplying the product by the

number of days for which interest is payable. The applicable federal funds rate is the

average of the federal funds rates published by the federal reserve bank of New York

for each of the days for which interest is payable divided by three hundred sixty. The

federal funds rate for any day on which a published rate is not available is the same as

the published rate for the next preceding day for which there is a published rate. If a

receiving bank that accepted a payment order is required to refund payment to the

sender of the order because the funds transfer was not completed, but the failure to

complete was not due to any fault by the bank, the interest payable is reduced by a

percentage equal to the reserve requirement on deposits of the receiving bank.
N.D. Cent. Code § 41-09-30 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-30
41-09-30. (9-310) When filing required to perfect security interest or agricultural lien - Security interests and agricultural liens to which filing provisions do not apply
Status: in_force

41-09-30. (9-310) When filing required to perfect security interest or agricultural lien -

Security interests and agricultural liens to which filing provisions do not apply.

1. Except as otherwise provided in subsection 2 and subsection 2 of section 41-09-32, a

financing statement must be filed to perfect all security interests and agricultural liens.

2. The filing of a financing statement is not necessary to perfect a security interest:

a. That is perfected under subsection 4, 5, 6, or 7 of section 41-09-28;

b. That is perfected under section 41-09-29 when it attaches;

c. In property subject to a statute, regulation, or treaty described in subsection 1 of

section 41-09-31;

d. In goods in possession of a bailee which is perfected under subdivision a or b of

subsection 4 of section 41-09-32;

e. In certificated securities, documents, goods, or instruments which is perfected

without filing, control, or possession under subsection 5, 6, or 7 of section

41-09-32;

f. In collateral in the secured party's possession under section 41-09-33;

g. In a certificated security which is perfected by delivery of the security certificate to

the secured party under section 41-09-33;

h. In controllable accounts, controllable electronic records, controllable payment

intangibles, deposit accounts, electronic documents, investment property,

letter-of-credit rights, or uncertificated certificates of deposit, which is perfected by

control under section 41-09-34;

i. In chattel paper which is perfected by possession and control under section

41-09-34.1;

j. In proceeds which is perfected under section 41-09-35;

k. That is perfected under section 41-09-36; or

l. In agricultural liens created by chapter 35-17, 35-30, or 35-31.

3. If a secured party assigns a perfected security interest or agricultural lien, a filing

under this chapter is not required to continue the perfected status of the security

interest against creditors of and transferees from the original debtor.
N.D. Cent. Code § 41-02-27 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-27
41-02-27. (2-310) Open time for payment or running of credit - Authority to ship under reservation
Status: in_force

41-02-27. (2-310) Open time for payment or running of credit - Authority to ship under

reservation.

Unless otherwise agreed:

1. Payment is due at the time and place at which the buyer is to receive the goods even

though the place of shipment is the place of delivery.

2. If the seller is authorized to send the goods, the seller may ship them under

reservation, and may tender the documents of title, but the buyer may inspect the

goods after their arrival before payment is due unless such inspection is inconsistent

with the terms of the contract (section 41-02-61).

3. If delivery is authorized and made by way of documents of title otherwise than by

subsection 2, then payment is due regardless of where the goods are to be received:

a. At the time and place at which the buyer is to receive delivery of the tangible

documents; or

b. At the time the buyer is to receive delivery of the electronic documents and at the

seller's place of business or if none, the seller's residence.

4. If the seller is required or authorized to ship the goods on credit, the credit period runs

from the time of shipment but postdating the invoice or delaying its dispatch will

correspondingly delay the starting of the credit period.
N.D. Cent. Code § 41-02-71 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-71
41-02-71. (2-608) Revocation of acceptance in whole or in part
Status: in_force

41-02-71. (2-608) Revocation of acceptance in whole or in part

1. The buyer may revoke the buyer's acceptance of a lot or commercial unit whose

nonconformity substantially impairs its value to the buyer if the buyer has accepted it:

a. On the reasonable assumption that its nonconformity would be cured and it has

not been seasonably cured; or

b. Without discovery of such nonconformity if the buyer's acceptance was

reasonably induced either by the difficulty of discovery before acceptance or by

the seller's assurances.

2. Revocation of acceptance must occur within a reasonable time after the buyer

discovers or should have discovered the ground for it and before any substantial

change in condition of the goods which is not caused by their own defects. It is not

effective until the buyer notifies the seller of it.

3. A buyer who so revokes has the same rights and duties with regard to the goods

involved as if the buyer had rejected them.
N.D. Cent. Code § 4.1-48-05 — ND Code / Title 4.1 / Chapter 4.1-48 / Section 4.1-48-05
4.1-48-05. Recapture of capital investment required by a potato production contract
Status: in_force

4.1-48-05. Recapture of capital investment required by a potato production contract

1. A contractor may not terminate or cancel a contract that requires a producer to make a

capital investment in buildings or equipment that cost one hundred thousand dollars or

more and have a useful life of five or more years until:

a. The producer has been given written notice of the intention to terminate or cancel

the contract at least one hundred eighty days before the effective date of the

termination or cancellation, or as provided in subsection 3; and

b. The producer has been reimbursed for damages incurred by an investment in

buildings or equipment that was made for the purpose of meeting minimum

requirements of the contract.

2. Except as provided in subsection 3, if a producer fails to comply with the provisions of

a contract that requires a capital investment subject to subsection 1, a contractor may

not terminate or cancel that contract until:

a. The contractor has given written notice with all the reasons for the termination or

cancellation at least ninety days before termination or cancellation, or as provided

in subsection 3; and

b. The recipient of the notice fails to correct the reasons stated for termination or

cancellation in the notice within sixty days of receipt of the notice.

3. The one hundred eighty-day notice period under subsection 1, and the ninety-day

notice period and the sixty-day notice period under subsection 2, are waived and the

contract may be canceled or terminated immediately if the alleged grounds for

termination or cancellation are:

a. Voluntary abandonment of the contract relationship by the producer; or

b. Conviction of the producer of an offense directly related to the business

conducted under the contract.
N.D. Cent. Code § 4.1-53-24 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-24
4.1-53-24. Vegetable seed - Larger units - Label requirements - Exception
Status: in_force

4.1-53-24. Vegetable seed - Larger units - Label requirements - Exception

1. The label for any vegetable seed other than that referenced in section 4.1-53-22 must

include:

a. The lot number or other lot identification;

b. (1) The kind and variety of vegetable seed present in excess of five percent by

weight;

(2) The percentage by weight of each seed referenced in paragraph 1, in order

of its predominance;

(3) The percentage of germination for each seed referenced in paragraph 1,

exclusive of hard seed;

(4) The percentage of hard seed, if present; and

(5) The month and year that the percentages were determined; and

c. The full name and address of that labeler.

2. If vegetable seed is sold in quantities of five pounds [2.26796 kilograms] or less, the

container into which the seed is placed is exempt from the labeling requirements of

this chapter provided:

a. The container from which the seed is taken is in compliance with the labeling

requirements of this chapter; and

b. The seed is removed from the container referenced in subsection 1 and weighed,

in the presence of the purchaser.
N.D. Cent. Code § 4.1-53-33 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-33
4.1-53-33. Tree seed and shrub seed - Label - Content
Status: in_force

4.1-53-33. Tree seed and shrub seed - Label - Content

A label required by this section must include:

1. The common name of the tree or shrub species and, if appropriate, the name of the

subspecies;

2. The scientific name of the genus, the species, and, if appropriate, the name of the

subspecies;

3. The lot number or other lot identification;

4. The elevation at which or the upper and lower elevations within which the seed was

collected;

5. The percentage of pure seed by weight; and

6. The full name and address of the labeler.
N.D. Cent. Code § 41-03-67 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-67
41-03-67. (3-605) Discharge of endorsers and accommodation parties
Status: in_force

41-03-67. (3-605) Discharge of endorsers and accommodation parties

1. For the purposes of this section, the term "endorser" includes a drawer having the

obligation stated in subsection 3 of section 41-03-51.

2. Discharge under section 41-03-66 of the obligation of a party to pay an instrument

does not discharge the obligation of an endorser or accommodation party having a

right of recourse against the discharged party.

3. If a person entitled to enforce an instrument agrees, with or without consideration, to

an extension of the due date of the obligation of a party to pay the instrument, the

extension discharges an endorser or accommodation party having a right of recourse

against the party whose obligation is extended to the extent the endorser or

accommodation party proves that the extension caused loss to the endorser or

accommodation party with respect to the right of recourse.

4. If a person entitled to enforce an instrument agrees, with or without consideration, to a

material modification of the obligation of a party other than an extension of the due

date, the modification discharges the obligation of an endorser or accommodation

party having a right of recourse against the person whose obligation is modified to the

extent the modification causes loss to the endorser or accommodation party with

respect to the right of recourse. The endorser or accommodation party is deemed to

have suffered loss as a result of the modification equal to the amount of the right of

recourse unless the person enforcing the instrument proves that no loss was caused

by the modification or that the loss caused by the modification was less than the

amount of the right of recourse.

5. If the obligation of a party to pay an instrument is secured by an interest in collateral

and a person entitled to enforce the instrument impairs the value of the interest in

collateral, the obligation of an endorser or accommodation party having a right of

recourse against the obligor is discharged to the extent of the impairment. The value of

an interest in collateral is impaired to the extent that the value of the interest is

reduced to an amount less than the amount of the right of recourse of the party

asserting discharge or that the reduction in value of the interest causes an increase in

the amount by which the amount of the right of recourse exceeds the values of the

interest. The burden of proving impairment is on the party asserting discharge.

6. If the obligation of a party is secured by an interest in collateral not provided by an

accommodation party and a person entitled to enforce the instrument impairs the value

of the interest in collateral, the obligation of any party who is jointly and severally liable

with respect to the secured obligation is discharged to the extent the impairment

causes the party asserting discharge to pay more than that party would have been

obliged to pay, taking into account rights of contribution, if impairment had not

occurred. If the party asserting discharge is an accommodation party not entitled to

discharge under subsection 5, the party is deemed to have a right to contribution

based on joint and several liability rather than a right to reimbursement. The burden of

proving impairment is on the party asserting discharge.

7. Under subsection 5 or 6, impairing value of an interest in collateral includes failure to

obtain or maintain perfection or recordation of the interest in collateral; release of

collateral without substitution of collateral of equal value; failure to perform a duty to

preserve the value of collateral owed, under chapter 41-01 or other law, to a debtor or

surety or other person secondarily liable; or failure to comply with applicable law in

disposing of collateral.

8. An accommodation party is not discharged under subsection 3, 4, or 5 unless the

person entitled to enforce the instrument knows of the accommodation or has notice

under subsection 3 or 4 of section 41-03-56 that the instrument was signed for

accommodation.

9. A party is not discharged under this section if the party asserting discharge consents to

the event or conduct that is the basis of the discharge or the instrument or a separate

agreement of the party provides for waiver of discharge under this section either

specifically or by general language indicating that parties waive defenses based on

suretyship or impairment of collateral.
N.D. Cent. Code § 41-09-21 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-21
41-09-21. (9-301) Law governing perfection and priority of security interests
Status: in_force

41-09-21. (9-301) Law governing perfection and priority of security interests

Except as otherwise provided in sections 41-09-23 through 41-09-26.2, the following rules

determine the law governing perfection, the effect of perfection or nonperfection, and the priority

of a security interest in collateral:

1. Except as otherwise provided in this section, while a debtor is located in a jurisdiction,

the local law of that jurisdiction governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in collateral.

2. While collateral is located in a jurisdiction, the local law of that jurisdiction governs

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

security interest in that collateral.

3. Except as otherwise provided in subsection 4, while negotiable tangible documents,

goods, instruments, or tangible money is located in a jurisdiction, the local law of that

jurisdiction governs:

a. Perfection of a security interest in the goods by filing a fixture filing;

b. Perfection of a security interest in timber to be cut; and

c. The effect of perfection or nonperfection and the priority of a nonpossessory

security interest in the collateral.

4. The local law of the jurisdiction in which the wellhead or minehead is located governs

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

interest in as-extracted collateral.
N.D. Cent. Code § 4.1-26-13 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-13
4.1-26-13. Milk stabilization plans - Optional provisions - Quantity discounts to retailers
Status: in_force

4.1-26-13. Milk stabilization plans - Optional provisions - Quantity discounts to

retailers.

A milk stabilization plan established in accordance with section 4.1-26-10 may permit

processors and distributors to provide quantity discounts to retailers, in connection with the

sales of milk products and frozen dairy products.

1. If quantity discounts are permitted, the milk stabilization plan must include for each

retailer:

a. A quantity discount rate for purchases of milk products that is based upon the

retailer's total purchases of milk products from all suppliers, during an established

base period of one, three, six, or twelve months; and

b. A quantity discount rate for purchases of frozen dairy products that is based upon

the retailer's total purchases of frozen dairy products from all suppliers, during an

established base period of one, three, six, or twelve months.

2. Any processor or distributor delivering milk products or frozen dairy products to an

eligible retailer may provide the quantity discounts regardless of the product quantities

actually purchased by the eligible retailer from a processor or distributor.

3. If a retailer operates two or more separate places of business, the quantity discount

rate must be applied to each place of business and based upon the quantity of milk

products or frozen dairy products that the retailer purchased for resale at each place of

business.
N.D. Cent. Code § 41-03-49 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-49
41-03-49. (3-412) Obligation of issuer of note or cashier's check
Status: in_force

41-03-49. (3-412) Obligation of issuer of note or cashier's check

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay

the instrument according to its terms at the time it was issued or, if not issued, at the time it first

came into possession of a holder, or, if the issuer signed an incomplete instrument, according to

its terms when completed as stated in sections 41-03-15 and 41-03-42. The obligation is owed

to a person entitled to enforce the instrument or to an endorser that paid the instrument under

section 41-03-52.
N.D. Cent. Code § 4.1-73-29 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-29
4.1-73-29. Effect of recorded brand - Bill of sale to be given and kept
Status: in_force

4.1-73-29. Effect of recorded brand - Bill of sale to be given and kept

A brand recorded in accordance with this chapter and properly located on livestock is prima

facie evidence that the animal bearing the brand is the property of the brand's owner, unless

covered by a bill of sale as provided by section 4.1-73-18.
N.D. Cent. Code § 4.1-25-22 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-22
4.1-25-22. License needed to sample, haul, or test - Training - Examination - Term - Fee
Status: in_force

4.1-25-22. License needed to sample, haul, or test - Training - Examination - Term -

Fee.

A person may not sample, haul, or test milk or milk products for the purpose of determining

the value or grade without obtaining a license from the department. In case of illness or

necessary absence, a licensee may appoint a substitute for a period not to exceed six days in

one calendar year, unless specific approval for a longer period is obtained from the

commissioner. The licensee is responsible for the acts of the substitute. An applicant shall file

an application with the department stating the type of sampling, hauling, or testing for which the

applicant wishes to be licensed. Before a license is issued, the applicant shall receive training in

the sampling of milk or milk products as may be required by the department, and shall pass a

written examination prepared and administered by the department. The applicant must show

knowledge of the requirements of this chapter and must prove by actual demonstration that the

applicant is competent and qualified to perform each type of sampling and testing listed on the

application. The commissioner shall issue a license which states the types of sampling, hauling,

or testing for which the applicant is qualified. Additions may be added to the application form

and license, without charge, after the license has been issued, upon the request of the licensee,

after receiving additional training and passing the required examinations. Examinations must be

given by the department at times and places as the department shall determine. A licensee is

not required to take additional examinations when renewing a license unless required by the

commissioner. All testers and samplers shall attend a training session sponsored by the

department every two years. Retraining or retesting or both may be required when the

commissioner reasonably determines it to be necessary. Licenses issued under this section

expire on December thirtieth of each year. Testers' licenses must be posted conspicuously in the

licensee's place of operation, and are not transferable. Samplers' licenses must be carried by

the sampler at all times during sampling activities and are not transferable. The annual license

fee is ten dollars. A five dollar penalty fee is applied if renewals are not paid by January

thirty-first.
N.D. Cent. Code § 4.1-13-06 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-06
4.1-13-06. Election of district representative - Commission member
Status: in_force

4.1-13-06. Election of district representative - Commission member

1. Upon receiving the notice required by subsection 6 of section 4.1-13-05, the director of

the North Dakota state university extension service shall call a meeting of all county

representatives in the district represented by the member whose term is to expire.

2. The director shall notify each county representative in the district of the meeting, by

registered mail, at least five days before the meeting.

3. The meeting must be held within the district.

4. At the meeting, the county representatives shall elect one from among themselves to

serve as the commission member from that district.

5. The director shall notify the governor and the commission that the election has taken

place and shall provide to the governor and the commission the name and address of

the newly elected commission member.
N.D. Cent. Code § 4.1-12-08 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-08
4.1-12-08. Continuing appropriation
Status: in_force

4.1-12-08. Continuing appropriation

The commissioner shall forward all moneys received under this chapter to the state

treasurer for deposit in a special fund known as the turkey fund. All moneys in the turkey fund

are appropriated on a continuing basis to the commissioner to carry out this chapter.
N.D. Cent. Code § 4.1-11-07 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-07
4.1-11-07. Election of chairman - Meetings
Status: in_force

4.1-11-07. Election of chairman - Meetings

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

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

the council within seven days when petitioned to do so by three council members.
N.D. Cent. Code § 41-07-19 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-19
41-07-19. (7-303) Diversion - Reconsignment - Change of instructions
Status: in_force

41-07-19. (7-303) Diversion - Reconsignment - Change of instructions

1. Unless the bill of lading otherwise provides, a carrier may deliver the goods to a

person or destination other than that stated in the bill or may otherwise dispose of the

goods, without liability for misdelivery, on instructions from:

a. The holder of a negotiable bill;

b. The consignor on a non-negotiable bill, even if the consignee has given contrary

instructions;

c. The consignee on a non-negotiable bill in the absence of contrary instructions

from the consignor, if the goods have arrived at the billed destination or if the

consignee is in possession of the tangible bill or in control of the electronic bill; or

d. The consignee on a non-negotiable bill, if the consignee is entitled as against the

consignor to dispose of the goods.

2. Unless instructions described in subsection 1 are included in a negotiable bill of lading,

a person to which the bill is duly negotiated may hold the bailee according to the

original terms.
N.D. Cent. Code § 4.1-01.1-07 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-07
4.1-01.1-07. Agriculture diversification and development fund - Continuing appropriation (Effective through June 30, 2029)
Status: in_force

4.1-01.1-07. Agriculture diversification and development fund - Continuing

appropriation. (Effective through June 30, 2029)

1. There is created in the state treasury the agriculture diversification and development

fund. The fund consists of all moneys transferred to the fund by the legislative

assembly, interest upon moneys in the fund, and payments of interest and principal on

loans made from the fund. Moneys in the fund are appropriated to the Bank of North

Dakota on a continuing basis for loan disbursements and administrative costs

pursuant to this section, and moneys in the fund are appropriated to the agriculture

commissioner on a continuing basis for grants and value-added agriculture facility

incentive funding pursuant to this section and section 4.1-01-27. The agriculture

diversification and development committee shall designate the amount available from

the fund for loans, interest rate buydowns, grants, and value-added agriculture facility

incentive funding.

2. Loans, interest rate buydowns, or grants under subsections 3 and 4 may be issued

from the fund to support new or expanding value-added agriculture businesses that

demonstrate financial feasibility, enhance profitability for farmers and ranchers, create

jobs, and grow the state's economy. Grants under section 4.1-01-27 may be issued

from the fund for infrastructure improvements necessary for the development or

expansion of new or existing value-added agriculture businesses. Value-added

agriculture businesses include food production or processing facilities; feed or pet food

processing facilities; commodity processing facilities; agriculture product

manufacturers; and animal agriculture production facilities, including swine, poultry,

dairy, and feed lot production facilities.

3. The Bank of North Dakota shall develop policies for loans and interest rate buydowns

from the fund in consultation with the agriculture diversification and development

committee. The Bank shall review loan applications. To be eligible for a loan under this

section, an entity shall agree to provide the Bank with information as requested. The

Bank may develop policies for loan participation with local financial institutions. The

Bank shall deposit in the fund all principal and interest paid on the outstanding loans.

The Bank may use a portion of the interest paid as a servicing fee to pay for

administrative costs, which may not exceed one-half of one percent of the amount of

the outstanding loans. The fund must be audited annually pursuant to section 6-09-29,

and the cost of the audit must be paid from the fund.

4. The agricultural diversification and development committee shall develop policies for

grants from the fund to support new or expanding value-added agriculture businesses,

including eligibility criteria, maximum grant amounts, and reporting requirements.

Based on recommendations from the agricultural diversification and development

committee, the agriculture commissioner shall distribute the grant funding.

5. The agriculture diversification and development committee shall develop a

value-added milk processing facility incentive program to provide grants.

a. Grant funding under this subsection is limited to the lesser of five million dollars or

five percent of the total construction cost of building or expanding a value-added

milk processing facility in the state capable of processing at least three million

pounds [1360777 kilograms] of milk each year.

b. Grant funding under the program is a reimbursement for infrastructure, site

acquisition, or other capital expenditures necessary for the value-added milk

processing facility construction, including natural gas supply, electricity supply,

roads, water lines, wastewater lines, storm water conveyance, or rail lines.

c. Upon achieving one hundred percent of the processing capacity of the

value-added milk processing facility, the agriculture commissioner shall distribute

the grant award from funding available in the agriculture diversification and

development fund.

6. The agriculture diversification and development committee may use funding available

in the agriculture diversification and development fund for in-state travel, per diem, and

related costs of administering grants under this section. The agriculture commissioner

may reimburse agriculture diversification and development committee members for

in-state travel, per diem, and related costs incurred associated with the program as

authorized under subsection 2 of section 4.1-01.1-08.

7. The agricultural diversification and development committee shall develop a value-

added agriculture production facility incentive program to provide grants. Grant award

funding for the value-added agriculture production facility incentive program under this

subsection is limited to thirty million dollars.

a. To be eligible for a grant award under the value-added agriculture production

facility incentive program, the production facility must:

(1) Be located within the state;

(2) Be a new construction project on an industrial-ready site with access to

existing municipal infrastructure;

(3) Have capital investment of at least three hundred fifty million dollars and

leverage regional agricultural producer capital investment to support the

facility's operations;

(4) Have a competing offer from at least one other midwestern state;

(5) Produce a new agriculture product or variant of an existing agriculture

product to provide a domestic supply of the product and to diversify the

market for agriculture products; and

(6) Have an estimated economic contribution of at least twenty million dollars

when fully operational based on an economic analysis conducted by the

Bank.

b. Grant funding under the program is a reimbursement for infrastructure, site

acquisition, or other capital expenditures necessary for the value-added

agriculture facility construction, including natural gas supply, electricity supply,

roads, water lines, wastewater lines, storm water conveyance, or rail lines.

c. Upon issuance of a certificate of occupancy for the value-added agriculture

production facility, the agriculture commissioner shall distribute a grant equal to

fifty percent of the total grant award from funding available in the agriculture

diversification and development fund.

d. Upon achieving fifty percent of the production capacity of the value-added

agriculture production facility, the agriculture commissioner shall distribute the

remainder of the grant award from funding available in the agriculture

diversification and development fund.

e. The Bank of North Dakota may extend a line of credit of up to thirty million dollars

to the agriculture commissioner to support a grant from the fund under this

subsection. The interest rate associated with the line of credit must be the

prevailing interest rate charged to North Dakota governmental entities.

f. If the agriculture diversification and development committee approves a grant

under this subsection, the agriculture commissioner may access the line of credit

under this subsection through June 30, 2029, to provide funding for the grant. Any

moneys borrowed from the Bank pursuant to this subsection must be transferred

to the fund. If the agriculture commissioner accesses the line of credit, the

commissioner shall request from the legislative assembly a deficiency

appropriation to repay the line of credit.

Agriculture diversification and development fund - Continuing appropriation.

(Effective after June 30, 2029)

1. There is created in the state treasury the agriculture diversification and development

fund. The fund consists of all moneys transferred to the fund by the legislative

assembly, interest upon moneys in the fund, and payments of interest and principal on

loans made from the fund. Moneys in the fund are appropriated to the Bank of North

Dakota on a continuing basis for loan disbursements and administrative costs

pursuant to this section, and moneys in the fund are appropriated to the agriculture

commissioner on a continuing basis for grants pursuant to this section and section
N.D. Cent. Code § 41-08-02 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-02
41-08-02. (8-102) Definitions
Status: in_force

41-08-02. (8-102) Definitions

1. In this chapter:

a. "Adverse claim" means a claim that a claimant has a property interest in a

financial asset and that it is a violation of the rights of the claimant for another

person to hold, transfer, or deal with the financial asset.

b. "Bearer form", as applied to a certificated security, means a form in which the

security is payable to the bearer of the security certificate according to its terms

but not by reason of an endorsement.

c. "Broker" means a person defined as a broker or dealer under the federal

securities laws, but without excluding a bank acting in that capacity.

d. "Certificated security" means a security that is represented by a certificate.

e. "Clearing corporation" means:

(1) A person registered as a "clearing agency" under the federal securities laws;

(2) A federal reserve bank; or

(3) Any other person that provides clearance or settlement services with

respect to financial assets that would require it to register as a clearing

agency under the federal securities laws but for an exclusion or exemption

from the registration requirement, if its activities as a clearing corporation,

including promulgation of rules, are subject to regulation by a federal or

state governmental authority.

f. "Communicate" means to:

(1) Send a signed record; or

(2) Transmit information by any mechanism agreed upon by the persons

transmitting and receiving the information.

g. "Endorsement" means a signature that alone or accompanied by other words is

made on a security certificate in registered form or on a separate document for

the purpose of assigning, transferring, or redeeming the security or granting a

power to assign, transfer, or redeem it.

h. "Entitlement holder" means a person identified in the records of a securities

intermediary as the person having a security entitlement against the securities

intermediary. If a person acquires a security entitlement by virtue of subdivision b

or c of subsection 2 of section 41-08-41, that person is the entitlement holder.

i. "Entitlement order" means a notification communicated to a securities

intermediary directing transfer or redemption of a financial asset to which the

entitlement holder has a security entitlement.

j. "Financial asset", except as otherwise provided in section 41-08-03, means:

(1) A security;

(2) An obligation of a person or a share, participation, or other interest in a

person or in property or an enterprise of a person, which is, or is of a type,

dealt in or traded on financial markets, or which is recognized in any area in

which it is issued or dealt in as a medium for investment; or

(3) Any property that is held by a securities intermediary for another person in a

securities account if the securities intermediary has expressly agreed with

the other person that the property is to be treated as a financial asset under

this chapter.

As context requires, the term means either the interest itself or the means by

which a person's claim to it is evidenced, including a certificated or uncertificated

security, a security certificate, or a security entitlement.

k. "Instruction" means a notification communicated to the issuer of an uncertificated

security which directs that the transfer of the security be registered or that the

security be redeemed.

l. "Registered form", as applied to a certificated security, means a form in which:

(1) The security certificate specifies a person entitled to the security; and

(2) A transfer of the security may be registered upon books maintained for that

purpose by or on behalf of the issuer, or the security certificate so states.

m. "Securities intermediary" means:

(1) A clearing corporation; or

(2) A person, including a bank or broker, that in the ordinary course of its

business maintains securities accounts for others and is acting in that

capacity.

n. "Security", except as otherwise provided in section 41-08-03, means an obligation

of an issuer or a share, participation, or other interest in an issuer or in property

or an enterprise of an issuer:

(1) Which is represented by a security certificate in bearer or registered form, or

the transfer of which may be registered upon books maintained for that

purpose by or on behalf of the issuer;

(2) Which is one of a class or series or by its terms is divisible into a class or

series of shares, participations, interests, or obligations; and

(3) Which:

(a) Is, or is of a type, dealt in or traded on securities exchanges or

securities markets; or

(b) Is a medium for investment and by its terms expressly provides that it

is a security governed by this chapter.

o. "Security certificate" means a certificate representing a security.

p. "Security entitlement" means the rights and property interest of an entitlement

holder with respect to a financial asset specified in sections 41-08-41 through

41-08-51.

q. "Uncertificated security" means a security that is not represented by a certificate.

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

a. "Appropriate person". Section 41-08-07.

b. "Control". Section 41-08-06.

c. "Controllable account". Section 41-09-02.

d. "Controllable electronic record". Section 41-12-02.

e. "Controllable payment intangible". Section 41-09-02.

f. "Delivery". Section 41-08-24.

g. "Investment company security". Section 41-08-03.

h. "Issuer". Section 41-08-17.

i. "Overissue". Section 41-08-26.

j. "Protected purchaser". Section 41-08-29.

k. "Securities account". Section 41-08-41.

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

and interpretation applicable throughout this chapter.

4. The characterization of a person, business, or transaction for purposes of this chapter

does not determine the characterization of the person, business, or transaction for

purposes of any other law, regulation, or rule.
N.D. Cent. Code § 41-04-41 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-41
41-04-41. (4-503) Responsibility of presenting bank for documents and goods - Report of reasons for dishonor - Referee in case of need
Status: in_force

41-04-41. (4-503) Responsibility of presenting bank for documents and goods -

Report of reasons for dishonor - Referee in case of need.

Unless otherwise instructed and except as provided in chapter 41-05, a bank presenting a

documentary draft:

1. Must deliver the documents to the drawee either on payment or on acceptance of the

draft if it is payable more than three days after presentment.

2. Upon dishonor, either in the case of presentment for acceptance or presentment for

payment, may seek and follow instructions from any referee in case of need

designated in the draft or if the presenting bank does not choose to utilize the referee's

services it must use diligence and good faith to ascertain the reason for dishonor, must

notify its transferor of the dishonor and of the results of its effort to ascertain the

reasons therefor, and must request instructions.

But the presenting bank is under no obligation with respect to goods represented by the

documents except to follow any reasonable instructions seasonably received. It has a right to

reimbursement for any expense incurred in following instructions and to prepayment of or

indemnity for those expenses.
N.D. Cent. Code § 41-04-06 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-06
41-04-06. (4-106) Payable through or payable at bank - Collecting bank
Status: in_force

41-04-06. (4-106) Payable through or payable at bank - Collecting bank

1. If an item states that it is "payable through" a bank identified in the item, the item

designates the bank as a collecting bank and does not by itself authorize the bank to

pay the item, and the item may be presented for payment only by or through the bank.

2. If an item states that it is "payable at" a bank identified in the item, the item is

equivalent to a draft drawn on the bank.

3. If a draft names a nonbank drawee and it is unclear whether a bank named in the draft

is a codrawee or a collecting bank, the bank is a collecting bank.
N.D. Cent. Code § 4.1-57-04 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-04
4.1-57-04. Application for license - Required security
Status: in_force

4.1-57-04. Application for license - Required security

1. As a condition of licensure, the seed commissioner shall require an applicant to file:

a. A cash bond or a surety bond, in an amount and form determined by the seed

commissioner; or

b. An irrevocable letter of credit.

2. The security required by the seed commissioner under subsection 1 is for the benefit

of potato producers in this state and must be conditioned for the payment of any

financial obligation owed by a wholesale potato dealer to a potato producer in this

state.
N.D. Cent. Code § 41-02.1-71 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-71
41-02.1-71. (2A-523) Lessor's remedies
Status: in_force

41-02.1-71. (2A-523) Lessor's remedies

1. If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a

payment when due or repudiates with respect to a part or the whole, then, with respect

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

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

41-02.1-58), the lessee is in default under the lease contract and the lessor may:

a. Cancel the lease contract (subsection 1 of section 41-02.1-53).

b. Proceed respecting goods not identified to the lease contract (section

41-02.1-72).

c. Withhold delivery of the goods and take possession of goods previously delivered

(section 41-02.1-73).

d. Stop delivery of the goods by any bailee (section 41-02.1-74).

e. Dispose of the goods and recover damages (section 41-02.1-75), or retain the

goods and recover damages (section 41-02.1-76), or in a proper case recover

rent (section 41-02.1-77).

f. Exercise any other rights or remedies provided in the lease contract.

2. If a lessor does not exercise the rights to which the lessor is entitled under

subsection 1, the lessor may recover the loss resulting in the ordinary course of events

from the lessee's default as determined in any manner which is reasonable, together

with incidental damages, less expenses saved in consequence of the lessee's default.

3. If a lessee is otherwise in default under a lease contract, the lessor may exercise the

rights and remedies provided in the lease contract, which may include a right to cancel

the lease, and unless otherwise provided in the lease contract:

a. If the default substantially impairs the value of the lease contract to the lessor, the

lessor may exercise the rights and remedies provided under subsection 1 or 2.

b. If the default does not substantially impair the value of the lease contract to the

lessor, the lessor may recover under subsection 2.
N.D. Cent. Code § 4.1-53-32 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-32
4.1-53-32. Tree seed and shrub seed - Label requirements
Status: in_force

4.1-53-32. Tree seed and shrub seed - Label requirements

1. a. Each container of tree seed or shrub seed offered for sale or sold in this state, for

planting purposes, must be labeled.

b. The label must be plainly printed in English and conspicuously placed on or

attached to the container.

2. If seed is supplied in fulfillment of a contract for the collection and gathering of the

seed, the label requirements of this section may be met by an analysis tag attached to

the invoice if each container is clearly identified by a lot number stenciled on the

container or if the seed is in bulk.

3. If the seed is offered for sale or sold in bulk, the label must be provided to the

purchaser at or before the time of delivery.
N.D. Cent. Code § 41-04-02 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-02
41-04-02. (4-102) Applicability
Status: in_force

41-04-02. (4-102) Applicability

1. To the extent that items within this chapter are also within the scope of chapters 41-03

and 41-08, they are subject to the provisions of those chapters. In the event of conflict,

the provisions of this chapter govern those of chapter 41-03 but the provisions of

chapter 41-08 govern those of this chapter.

2. The liability of a bank for action or nonaction with respect to any item handled by it for

purposes of presentment, payment, or collection is governed by the law of the place

where the bank is located. In the case of action or nonaction by or at a branch or

separate office of a bank, its liability is governed by the law of the place where the

branch or separate office is located.
N.D. Cent. Code § 4.1-33-10 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-10
4.1-33-10. Proof of financial responsibility - Exceptions
Status: in_force

4.1-33-10. Proof of financial responsibility - Exceptions

1. A commercial applicator certificate may not be issued unless the applicant furnishes

proof of financial responsibility. Financial responsibility must be maintained in the

amount of one hundred thousand dollars. Financial responsibility may be

demonstrated by a notarized letter from an officer of a financial institution or from a

certified public accountant attesting to the existence of net assets equal to at least one

hundred thousand dollars, a performance bond, or a general liability insurance policy.

The performance bond or insurance policy must contain a provision requiring the

issuing company to notify the agriculture commissioner at least ten days before the

effective date of cancellation, termination, or other modification of the bond or

insurance policy. When requested by the agriculture commissioner, a commercial

applicator immediately shall furnish proof of compliance with this section. If the

applicator is unable to furnish the required proof, the commissioner may stop a

pesticide application and not allow resumption until the applicator furnishes proof of

compliance. The agriculture commissioner shall immediately suspend the certification

of a commercial applicator who fails to maintain the financial responsibility standards

of this section. If there is any recovery against the commercial applicator, the

applicator shall demonstrate continued compliance with the requirements of this

section. An application for reinstatement of a certificate suspended under this section

must be accompanied by proof that any judgment previously rendered against the

applicant has been satisfied.

2. This section does not apply to:

a. A rancher who must obtain a commercial applicator certificate for controlling

noxious weeds on the leased federal acreage as a condition of a federal

grasslands lease.

b. A grazing association and its members if either the association or any member

must obtain a commercial applicator certificate for controlling noxious weeds on

the leased federal acreage as a condition of a federal grasslands lease.

c. A person who must be certified in the right-of-way category.

d. A commercial applicator who controls noxious weeds on grassland, land

producing tame hay, or other lands not devoted to the production of an annual

crop.

e. An employee of a commercial applicator if the commercial applicator complies

with this section.
N.D. Cent. Code § 41-02.1-59 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-59
41-02.1-59. (2A-511) Merchant lessee's duties as to rightfully rejected goods
Status: in_force

41-02.1-59. (2A-511) Merchant lessee's duties as to rightfully rejected goods

1. Subject to any security interest of a lessee (subsection 5 of section 41-02.1-56), if a

lessor or a supplier has no agent or place of business at the market of rejection, a

merchant lessee, after rejection of goods in the merchant lessee's possession or

control, shall follow any reasonable instructions received from the lessor or the

supplier with respect to the goods. In the absence of those instructions, a merchant

lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods

for the lessor's account if they threaten to decline in value speedily. Instructions are not

reasonable if on demand indemnity for expenses is not forthcoming.

2. If a merchant lessee or any other lessee (section 41-02.1-60) disposes of goods, the

lessee is entitled to reimbursement either from the lessor or the supplier or out of the

proceeds for reasonable expenses of caring for and disposing of the goods and, if the

expenses include no disposition commission, to such commission as is usual in the

trade, or if there is none, to a reasonable sum not exceeding ten percent of the gross

proceeds.

3. In complying with this section or section 41-02.1-60, the lessee is held only to good

faith. Good-faith conduct hereunder is neither acceptance or conversion nor the basis

of an action for damages.

4. A purchaser who purchases in good faith from a lessee under this section or section

41-02.1-60 takes the goods free of any rights of the lessor and the supplier even

though the lessee fails to comply with one or more of the requirements of this chapter.
N.D. Cent. Code § 4.1-45-03 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-03
4.1-45-03. Meetings of the association - Time and place - Notice
Status: in_force

4.1-45-03. Meetings of the association - Time and place - Notice

1. The annual meeting of the state fair association must be held as provided in the

bylaws of the association. The annual meeting must include election of directors and

the transaction of other business of the association. If the election of directors is not

held on the day designated for the annual meeting or at an adjournment of the annual

meeting, the board of directors shall cause the election to be held at a special meeting

as soon thereafter as convenient. The failure to hold the annual meeting at the

designated time does not result in a forfeiture or dissolution of the association.

2. A special meeting may be held upon the call of the president or by order of the board

of directors. The president shall call a special meeting upon request by ten percent or

more of the association members.

3. The president or board of directors, whichever calls the meeting, may designate any

place within the state as the place of an annual or special meeting.

4. At least ten but not more than fifty days before an association meeting, written or

printed notice stating the place, day, and hour of any meeting of the association must

be delivered to each member entitled to vote at the meeting, personally or by mail or

by any form of digital communication directed with verification of receipt to a digital

communication address at which the member has consented to receive notice.

Delivery of notice must be done by, or at the direction of, the president or the secretary

or the officers or persons calling the meeting. For a special meeting, or when required

by law or the bylaws, the purpose for which the meeting is called must be stated in the

notice. If mailed, the notice of the meeting is deemed to be delivered when deposited

in the United States mail, addressed to the member at the member's address as it

appears on the records of the association with prepaid postage.
N.D. Cent. Code § 41-02-09 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-09
41-02-09. (2-202) Final expression - Parol or extrinsic evidence
Status: in_force

41-02-09. (2-202) 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:

1. By course of performance, course of dealing, or usage of trade (section 41-01-17); and

2. By 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 § 4.1-47-32 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-32
4.1-47-32. Action on complaint - Request for hearing
Status: in_force

4.1-47-32. Action on complaint - Request for hearing

1. a. If an individual filed a signed complaint with a county weed board or the county

weed control officer and if the individual believes that the complaint has not been

addressed satisfactorily within twenty-one days from the date of the complaint,

the individual may file a written request for a hearing with the board of county

commissioners.

b. Upon receiving a request for a hearing, the board of county commissioners shall

schedule a public hearing within twenty-one days and shall provide notice of the

hearing by publishing its time, place, and date in the official newspaper of the

county.

c. Within fourteen days after the hearing, the board of county commissioners shall

issue a determination regarding the matter and shall issue appropriate directives

to the county weed board.

d. A decision by the board of county commissioners under this section is final.

2. a. If an individual filed a signed complaint with a city weed board or the city weed

control officer and if the individual believes that the complaint has not been

addressed satisfactorily within twenty-one days from the date of the complaint,

the individual may file a written request for a hearing with the governing body of

the city.

b. Upon receiving a request for a hearing, the governing body of the city shall

schedule a public hearing and shall provide notice of the hearing by publishing its

time, place, and date in the official newspaper of the county.

c. Within fourteen days after the hearing, the governing body of the city shall issue a

determination regarding the matter and shall issue appropriate directives to the

city weed board.

d. A decision by the governing body of the city under this section is final.
N.D. Cent. Code § 41-02-01 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-01
41-02-01. (2-101) Short title
Status: in_force

41-02-01. (2-101) Short title

This chapter shall be known and may be cited as the Uniform Commercial Code - Sales.
N.D. Cent. Code § 41-04.1-07 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-07
41-04.1-07. (4A-107) Federal reserve regulations and operating circulars
Status: in_force

41-04.1-07. (4A-107) Federal reserve regulations and operating circulars

Regulations of the board of governors of the federal reserve system and operating circulars

of the federal reserve banks supersede any inconsistent provision of this chapter to the extent of

the inconsistency.
N.D. Cent. Code § 41-03-32 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-32
41-03-32. (3-306) Claims to an instrument
Status: in_force

41-03-32. (3-306) Claims to an instrument

A person taking an instrument, other than a person having rights of a holder in due course,

is subject to a claim of a property or possessory right in the instrument or its proceeds, including

a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having

rights of a holder in due course takes free of the claim to the instrument.
N.D. Cent. Code § 41-07-34 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-34
41-07-34. (7-505) Indorser not guarantor for other parties
Status: in_force

41-07-34. (7-505) Indorser not guarantor for other parties

The indorsement of a tangible document of title issued by a bailee does not make the

indorser liable for any default by the bailee or previous indorsers.
N.D. Cent. Code § 41-09-129 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-129
41-09-129. (9-707) Amendment of pre-effective-date financing statement
Status: in_force

41-09-129. (9-707) Amendment of pre-effective-date financing statement

1. In this section, "pre-effective-date financing statement" means a financing statement

filed before July 1, 2001.

2. After July 1, 2001, a person may add or delete collateral covered by, continue or

terminate the effectiveness of, or otherwise amend the information provided in a

pre-effective-date financing statement only in accordance with the law of the

jurisdiction governing perfection as provided in part 3. However, the effectiveness of a

pre-effective-date financing statement also may be terminated in accordance with the

law of the jurisdiction in which the financing statement is filed.

3. Except as otherwise provided in subsection 4, if the law of this state governs

perfection of a security interest, the information in a pre-effective-date financing

statement may be amended after July 1, 2001, if:

a. The pre-effective-date financing statement and an amendment are filed in the

office specified in section 41-09-72;

b. An amendment is filed in the office specified in section 41-09-72 concurrently

with, or after the filing in that office of, an initial financing statement that satisfies

subsection 3 of section 41-09-128; or

c. An initial financing statement that provides the information as amended and

satisfies subsection 3 of section 41-09-128 is filed in the office specified in section

41-09-72.

4. If the law of this state governs perfection of a security interest, the effectiveness of a

pre-effective-date financing statement may be continued only under subsections 4 and

6 of section 41-09-127 and section 41-09-128.

5. Regardless of whether the law of this state governs perfection of a security interest,

the effectiveness of a pre-effective-date financing statement filed in this state may be

terminated July 1, 2001, by filing a termination statement in the office in which the

pre-effective-date financing statement is filed, unless an initial financing statement that

satisfies subsection 3 of section 41-09-128 has been filed in the office specified by the

law of the jurisdiction governing perfection as provided in part 3 as the office in which

to file a financing statement.
N.D. Cent. Code § 4.1-20-49 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-49
4.1-20-49. Soil conservation trust lands
Status: reserved

4.1-20-49. Soil conservation trust lands

The state of North Dakota holds in trust for use by the soil conservation districts of the state

for the soil conservation program the property in Burleigh County described as follows:

Township one hundred thirty-eight north, range eighty west, fifth principal meridian:

west one-half of section fifteen and that portion of the southeast quarter of section sixteen

described as follows: beginning at the southeast corner of said section sixteen, thence

running north on the east line of said section six hundred sixty feet [201.17 meters]; thence

west parallel with the south line of said section two thousand three hundred ten feet [704.09

meters]; thence south six hundred sixty feet [201.17 meters] to a point on the south line of

said section two thousand three hundred ten feet [704.09 meters] west of the southeast

corner of said section; thence east along the south line of said section two thousand three

hundred ten feet [704.09 meters] to the place of beginning; containing thirty-five acres

[14.16 hectares], more or less.

Subject, however, to the following rights, easements, exceptions, and reservations:

1. Easements for existing or established roads, highways, and public utilities, if any.

2. Right reserved by the Department of the Army "to enter thereon and remove gravel

and use the established rubbish disposal area as long as any part of Fort Lincoln

Military Reservation is used by the Department of the Army".

3. Reservation to the United States of America and its assigns of an undivided

three-fourths interest in all coal, oil, gas, and other minerals, including three-fourths of

all sand, gravel, stone, clay and similar materials, in or under the property, together

with the usual mining rights, powers, and privileges, including the right at any and all

times, to enter upon the land and use those parts of the surface as may be necessary

in prospecting for, mining, saving and removing the minerals or materials, provided the

quantities of sand, gravel, stone, clay and similar materials, as may be required, may

be utilized in the operation or improvement of the lands.

The lands, having been conveyed to the state of North Dakota by the United States of

America for use in carrying out the soil conservation program of the soil conservation districts of

the state, are further subject to the condition the land must be used for public purposes and if at

any time cease to be so used must revert to and become revested in the United States. Upon

approval by the United States of America in accordance with the original grant of the trust lands,

the trust lands may be leased, sold, conveyed, traded for, or replaced by other land suitable for

the benefit of the soil conservation program in this state. No lease, sale, conveyance, trade, or

replacement of the trust lands may be made under conditions that will cause or may cause the

reversion of the lands back to the United States of America.

The control, custody, possession, supervision, management, operation, and transfer of the

trust lands and any replacement lands is hereby vested in the North Dakota association of soil

conservation districts for use in carrying out the soil conservation program of the soil

conservation districts of the state and the association in such control, custody, possession,

supervision, management, operation, and transfer shall hold all accumulations of personal

property or surplus funds derived from said lands in trust for the soil conservation districts of the

state for use in carrying out the soil conservation program. Any transfer, sale, trade, or

replacement of trust lands is excepted from section 38-09-01, and the North Dakota association

of soil conservation districts may transfer all or a portion of the minerals held by the state or the

association which are located under the trust lands. Any funds generated through bonuses,

leases, royalties, or otherwise generated by minerals reserved by the association or funds

generated from the sale of minerals must be held in trust as provided in this section.
N.D. Cent. Code § 41-02.1-29 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-29
41-02.1-29. (2A-220) Effect of default on risk of loss
Status: in_force

41-02.1-29. (2A-220) Effect of default on risk of loss

1. If risk of loss is to pass to the lessee and the time of passage is not stated:

a. If a tender or delivery of goods so fails to conform to the lease contract as to give

a right of rejection, the risk of loss remains with the lessor, or, in the case of a

finance lease, the supplier, until cure or acceptance.

b. If the lessee rightfully revokes acceptance, the lessee, to the extent of any

deficiency in the lessee's effective insurance coverage, may treat the risk of loss

as having remained with the lessor from the beginning.

2. Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming

goods already identified to a lease contract repudiates or is otherwise in default under

the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the

extent of any deficiency in lessor's or supplier's effective insurance coverage may treat

the risk of loss as resting on the lessee for a commercially reasonable time.
N.D. Cent. Code § 4.1-05-15 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-15
4.1-05-15. Penalty
Status: in_force

4.1-05-15. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-03-29 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-29
41-03-29. (3-303) Value and consideration
Status: in_force

41-03-29. (3-303) Value and consideration

1. An instrument is issued or transferred for value if any of the following exist:

a. The instrument is issued or transferred for a promise of performance, to the

extent the promise has been performed.

b. The transferee acquires a security interest or other lien in the instrument other

than a lien obtained by judicial proceeding.

c. The instrument is issued or transferred as payment of, or as security for, an

antecedent claim against any person, whether or not the claim is due.

d. The instrument is issued or transferred in exchange for a negotiable instrument.

e. The instrument is issued or transferred in exchange for the incurring of an

irrevocable obligation to a third party by the person taking the instrument.

2. "Consideration" means any consideration sufficient to support a simple contract. The

drawer or maker of an instrument has a defense if the instrument is issued without

consideration. If an instrument is issued for a promise of performance, the issuer has a

defense to the extent performance of the promise is due and the promise has not been

performed. If an instrument is issued for value as stated in subsection 1, the

instrument is also issued for consideration.
N.D. Cent. Code § 41-09-19 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-19
41-09-19. (9-209) Duties of secured party if account debtor has been notified of assignment
Status: in_force

41-09-19. (9-209) Duties of secured party if account debtor has been notified of

assignment.

1. Except as otherwise provided in subsection 3, this section applies if:

a. There is no outstanding secured obligation; and

b. The secured party is not committed to make advances, incur obligations, or

otherwise give value.

2. Within ten days after receiving a signed demand by the debtor, a secured party shall

send to an account debtor that has received notification under subsection 1 of section

41-09-68 or subsection 2 of section 41-12-06 of an assignment to the secured party as

assignee a signed record that releases the account debtor from any further obligation

to the secured party.

3. This section does not apply to an assignment constituting the sale of an account,

chattel paper, or payment intangible.
N.D. Cent. Code § 4.1-44-07 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-07
4.1-44-07. Purple coneflowers (Echinacea purpurea or Echinacea angustifolia) - Unauthorized removal - Penalty
Status: in_force

4.1-44-07. Purple coneflowers (Echinacea purpurea or Echinacea angustifolia) -

Unauthorized removal - Penalty.

1. It is a class A misdemeanor for any person to willfully enter upon state-owned land or

land owned by another and remove or attempt to remove a purple coneflower,

Echinacea purpurea or Echinacea angustifolia, from the land without the express

written consent of the landowner. A person in violation of this section is subject to

court-ordered restitution to the landowner, and is also subject to a civil penalty of up to

ten thousand dollars.

2. It is a class A misdemeanor for any person to willfully possess a purple coneflower

removed from land in violation of this section. A person in violation of this section is

also subject to a civil penalty of up to ten thousand dollars.

3. Any vehicle used to transport a purple coneflower removed or possessed in violation

of this section is forfeitable property under chapter 29-31.1.
N.D. Cent. Code § 41-02.1-44 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-44
41-02.1-44. (2A-403) Retraction of anticipatory repudiation
Status: in_force

41-02.1-44. (2A-403) Retraction of anticipatory repudiation

1. Until the repudiating party's next performance is due, the repudiating party can retract

the repudiation unless the aggrieved party has canceled the lease contract or

materially changed the aggrieved party's position or otherwise indicated that the

aggrieved party considers the repudiation final.

2. Retraction may be by any method that clearly indicates to the aggrieved party that the

repudiating party intends to perform under the lease contract and includes any

assurance demanded under section 41-02.1-42.

3. Retraction reinstates a repudiating party's rights under a lease contract with due

excuse and allowance to the aggrieved party for any delay occasioned by the

repudiation.
N.D. Cent. Code § 4.1-45-15 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-15
4.1-45-15. Organization under corporation laws - Real property transactions - Contracts
Status: in_force

4.1-45-15. Organization under corporation laws - Real property transactions -

Contracts.

The state fair association has the rights, privileges, and liabilities of a corporation under the

corporation laws of this state except as provided by this chapter. The association may purchase,

hold, lease, exchange, trade, or sell real estate for the purpose of promoting and conducting a

state fair. Real estate controlled by the state fair association may be leased, subleased, rented,

or used for other than fair purposes when the property is not needed for fair purposes. The state

fair association may contract in its own name, but as an agency of the state, and shall make all

of its purchases under the purchasing laws of the state, except as exempted by the director of

the office of management and budget.
N.D. Cent. Code § 4.1-26-06 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-06
4.1-26-06. Board powers
Status: in_force

4.1-26-06. Board powers

The board may:

1. Do all things necessary and proper to enforce and administer this chapter;

2. Employ and compensate necessary personnel;

3. Employ an attorney licensed in this state;

4. Serve as a mediator or an arbitrator in any dispute among or between dairy farmers,

processors, distributors, retailers, or consumers, provided:

a. All parties to the dispute request the board to provide such services; and

b. The dispute pertains to the production, transportation, processing, storage,

distribution, or sale of milk products or frozen dairy products; and

5. Contract with any person for any purpose related to this chapter.
N.D. Cent. Code § 41-02-37 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-37
41-02-37. (2-320) C.I.F and C & F terms
Status: in_force

41-02-37. (2-320) C.I.F. and C. & F. terms

1. The term C.I.F. means that the price includes in a lump sum the cost of the goods and

the insurance and freight to the named destination. The term C. & F. or C.F. means

that the price so includes cost and freight to the named destination.

2. Unless otherwise agreed and even though used only in connection with the stated

price and destination, the term C.I.F. destination or its equivalent requires the seller at

the seller's own expense and risk to:

a. Put the goods into the possession of a carrier at the port for shipment and obtain

a negotiable bill or bills of lading covering the entire transportation to the named

destination;

b. Load the goods and obtain a receipt from the carrier (which may be contained in

the bill of lading) showing that the freight has been paid or provided for;

c. Obtain a policy or certificate of insurance, including any war risk insurance, of a

kind and on terms then current at the port of shipment in the usual amount, in the

currency of the contract, shown to cover the same goods covered by the bill of

lading and providing for payment of loss to the order of the buyer or for the

account of whom it may concern, but the seller may add to the price the amount

of the premium for any such war risk insurance;

d. Prepare an invoice of the goods and procure any other documents required to

effect shipment or to comply with the contract; and

e. Forward and tender with commercial promptness all the documents in due form

and with any endorsement necessary to perfect the buyer's rights.

3. Unless otherwise agreed, the term C. & F. or its equivalent has the same effect and

imposes upon the seller the same obligations and risks as a C.I.F. term except the

obligation as to insurance.

4. Under the term C.I.F. or C. & F. unless otherwise agreed, the buyer must make

payment against tender of the required documents and the seller may not tender nor

the buyer demand delivery of the goods in substitution for the documents.
N.D. Cent. Code § 4.1-47-24 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-24
4.1-47-24. City weed control officer - Duties
Status: in_force

4.1-47-24. City weed control officer - Duties

The city weed control officer shall:

1. Cooperate with the board and be responsible for the operation and enforcement of this

chapter within the city;

2. Become acquainted with the location of noxious weeds within the city;

3. Meet the pesticide certification requirements set forth in chapter 4.1-33;

4. Encourage noxious weed control by all landowners and land occupants within the city;

5. Investigate all signed complaints received by the officer regarding noxious weeds

within the city;

6. Post or publish in the official newspaper of the city any notices the commissioner

deems necessary to further noxious weed control under this chapter;

7. Prepare reports as requested by the commissioner; and

8. Attend meetings called by the commissioner to further noxious weed control under this

chapter.
N.D. Cent. Code § 4.1-58-16 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-16
4.1-58-16. Purchase by warehouseman - Form of receipt
Status: in_force

4.1-58-16. Purchase by warehouseman - Form of receipt

1. A warehouseman may print on each warehouse receipt issued by the warehouseman

a receipt executed by the owner for use if the grain represented on the receipt is

purchased by the warehouseman. The warehouseman shall record the purchase, as to

the amount paid per bushel, on the stub record or copy of the warehouseman's

warehouse receipt books. The receipt must be in substantially the following form:

Received from __________, __________ dollars and _________ cents net, in

full payment for the grain represented by this warehouse receipt. Gross price per bushel

__________, storage per bushel _________, net price per bushel _________. I certify

that I am the owner of the grain for which this receipt was issued, and that there are no

liens, chattel mortgages, or other claims against the grain represented by this receipt.

Dated _____________, ______. Signed _________________ Owner.

2. This section does not affect in any manner the conditions of the storage contract

specified in sections 4.1-58-19 and 4.1-58-20.
N.D. Cent. Code § 41-01-14 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-14
41-01-14. (1-206) Presumptions
Status: in_force

41-01-14. (1-206) Presumptions

If this title creates a "presumption" with respect to a fact or provides that a fact is

"presumed", the trier of fact shall find the existence of the fact unless and until evidence is

introduced that supports a finding of the fact's nonexistence.
N.D. Cent. Code § 41-02-30 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-30
41-02-30. (2-313) Express warranties by affirmation, promise, description, sample
Status: in_force

41-02-30. (2-313) Express warranties by affirmation, promise, description, sample

1. Express warranties by the seller are created as follows:

a. Any affirmation of fact or promise made by the seller to the buyer which relates to

the goods and becomes part of the basis of the bargain creates an express

warranty that the goods shall conform to the affirmation or promise.

b. Any description of the goods which is made part of the basis of the bargain

creates an express warranty that the goods shall conform to the description.

c. Any sample or model which is made part of the basis of the bargain creates an

express warranty that the whole of the goods shall conform to the sample or

model.

2. It is not necessary to the creation of an express warranty that the seller use formal

words such as "warrant" or "guarantee" or that the seller have a specific intention to

make a warranty, but an affirmation merely of the value of the goods or a statement

purporting to be merely the seller's opinion or commendation of the goods does not

create a warranty.
N.D. Cent. Code § 4.1-37-05 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-05
4.1-37-05. State siting requirements - Anhydrous ammonia storage facilities constructed after June 30, 1985
Status: in_force

4.1-37-05. State siting requirements - Anhydrous ammonia storage facilities

constructed after June 30, 1985.

For facilities constructed after June 30, 1985:

1. Any anhydrous ammonia storage facility with a container nominal capacity of less than

one hundred thousand gallons [378541.2 liters] must be located at least:

a. Fifty feet [15.24 meters] from the line of any adjoining property, which may be

built upon, or any highway or railroad mainline.

b. Four hundred fifty feet [137.16 meters] from any place of public assembly or

residence, other than the company's business office.

c. Seven hundred fifty feet [213.36 meters] from any institutional residence.

2. Any anhydrous ammonia storage facility with container nominal capacity of one

hundred thousand gallons [378541.2 liters] or more must be located at least:

a. Fifty feet [15.24 meters] from the property line of adjoining property, which may

be built upon, or any highway or railroad mainline.

b. Six hundred feet [182.88 meters] from any place of public assembly or residence,

other than the company's business office.

c. One thousand feet [300.48 meters] from any institutional residence.

3. Upon relocation of any permanent storage container to an anhydrous ammonia

storage facility, the container must be hydrostatically pressure tested at the maximum

allowable working pressure of the vessel, wet fluorescent magnetic particle tested,

also referred to as black light tested, or any other acceptable testing method as

determined by the agriculture commissioner. Before the container may be put into

service and before licensing may occur, proof of testing must be supplied to the board

of county commissioners and the agriculture commissioner.

4. All valves and other appurtenances to any anhydrous ammonia storage facility must

be protected against physical damage. All shutoff valves must be kept closed and

locked when not in use and when the facility is unattended.

5. Any anhydrous ammonia storage facility relocated or constructed after August 1, 1995,

may not be located within city limits, unless approved by the city.
N.D. Cent. Code § 4.1-04-17 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-17
4.1-04-17. Continuing appropriation
Status: in_force

4.1-04-17. Continuing appropriation

The council shall forward all moneys received under this chapter to the state treasurer for

deposit in the corn fund. All moneys in the corn fund are appropriated on a continuing basis to

the council to be used exclusively to carry out this chapter.
N.D. Cent. Code § 41-02.1-03 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-03
41-02.1-03. (2A-103) Definitions and index of definitions
Status: in_force

41-02.1-03. (2A-103) Definitions and index of definitions

1. In this chapter unless the context otherwise requires:

a. "Buyer in ordinary course of business" means a person who in good faith and

without knowledge that the sale is in violation of the ownership rights or security

interest or leasehold interest of a third party in the goods buys in ordinary course

from a person in the business of selling goods of that kind but does not include a

pawnbroker. "Buying" may be for cash or by exchange of other property or on

secured or unsecured credit and includes acquiring goods or documents of title

under a pre-existing contract for sale but does not include a transfer in bulk or as

security for or in total or partial satisfaction of a money debt.

b. "Cancellation" occurs when either party puts an end to the lease contract for

default by the other party.

c. "Commercial unit" means such a unit of goods as by commercial usage is a

single whole for purposes of lease and division of which materially impairs its

character or value on the market or in use. A commercial unit may be a single

article, as a machine, or a set of articles, as a suite of furniture or a line of

machinery, or a quantity, as a gross or carload, or any other unit treated in use or

in the relevant market as a single whole.

d. "Conforming" goods or performance under a lease contract means goods or

performance that is in accordance with the obligations under the lease contract.

e. "Consumer lease" means a lease that a lessor regularly engaged in the business

of leasing or selling makes to a lessee who is an individual and who takes under

the lease primarily for a personal, family, or household purpose if the total

payments to be made under the lease contract, excluding payments for options to

renew or buy, do not exceed twenty-five thousand dollars.

f. "Fault" means wrongful act, omission, breach, or default.

g. "Finance lease" means a lease in which:

(1) The lessor does not select, manufacture, or supply the goods;

(2) The lessor acquires the goods or the right to possession and use of the

goods in connection with the lease; and

(3) (a) The lessee receives a copy of the contract by which the lessor

acquired the goods or the right to possession and use of the goods

before signing the lease contract;

(b) The lessee's approval of the contract by which the lessor acquired the

goods or the right to possession and use of the goods is a condition to

effectiveness of the lease contract;

(c) The lessee, before signing the lease contract, receives an accurate

and complete statement designating the promises and warranties, and

any disclaimers of warranties, limitations, or modifications of

remedies, or liquidated damages, including those of any third party

such as the manufacturer of the goods, provided to the lessor by the

person supplying the goods in connection with or as part of the

contract by which the lessor acquired the goods or the right to

possession and use of the goods; or

(d) Only if the lease is not a consumer lease, before the lessee signs the

lease contract the lessor informs the lessee in writing of the identity of

the person supplying the goods to the lessor, unless the lessee has

selected that person and directed the lessor to acquire the goods or

the right to possession and use of the goods from that person, that the

lessee is entitled under this chapter to the promises and warranties,

including those of any third party, provided to the lessor by the person

supplying the goods in connection with or as part of the contract by

which the lessor acquired the goods or the right to possession and

use of the goods, and that the lessee may contact the person

supplying the goods to the lessor and receive an accurate and

complete statement of those promises and warranties, including any

disclaimers and limitations of them or of remedies.

h. "Goods" means all things that are movable at the time of identification to the

lease contract, or are fixtures (section 41-02.1-39), but the term does not include

money, documents, instruments, accounts, chattel paper, general intangibles, or

minerals or the like, including oil and gas, before extraction. The term also

includes the unborn young of animals.

i. "Hybrid lease" means a single transaction involving a lease of goods and:

(1) The provision of services;

(2) A sale of other goods; or

(3) A sale, lease, or license of property other than goods.

j. "Installment lease contract" means a lease contract that authorizes or requires

the delivery of goods in separate lots to be separately accepted, even though the

lease contract contains a clause "each delivery is a separate lease" or its

equivalent.

k. "Lease" means a transfer of the right to possession and use of goods for a term

in return for consideration, but a sale, including a sale on approval or a sale or

return, or retention or creation of a security interest is not a lease. Unless the

context clearly indicates otherwise, the term includes a sublease.

l. "Lease agreement" means the bargain, with respect to the lease, of the lessor

and the lessee in fact as found in their language or by implication from other

circumstances, including course of dealing or usage of trade or course of

performance (as provided in this chapter). Unless the context clearly indicates

otherwise, the term includes a sublease agreement.

m. "Lease contract" means the total legal obligation that results from the lease

agreement as affected by this chapter and any other applicable rules of law.

Unless the context clearly indicates otherwise, the term includes a sublease

contract.

n. "Leasehold interest" means the interest of the lessor or the lessee under a lease

contract.

o. "Lessee" means a person who acquires the right to possession and use of goods

under a lease. Unless the context clearly indicates otherwise, the term includes a

sublessee.

p. "Lessee in ordinary course of business" means a person who, in good faith and

without knowledge that the lease is in violation of the ownership rights or security

interest or leasehold interest of a third party in the goods, leases in ordinary

course from a person in the business of selling or leasing goods of that kind, but

does not include a pawnbroker. "Leasing" may be for cash or by exchange of

other property or on secured or unsecured credit and includes acquiring goods or

documents of title under a pre-existing lease contract but does not include a

transfer in bulk or as security for or in total or partial satisfaction of a money debt.

q. "Lessor" means a person who transfers the right to possession and use of goods

under a lease. Unless the context clearly indicates otherwise, the term includes a

sublessor.

r. "Lessor's residual interest" means the lessor's interest in the goods after

expiration, termination, or cancellation of the lease contract.

s. "Lien" means a charge against or interest in goods to secure payment of a debt

or performance of an obligation, but the term does not include a security interest.

t. "Lot" means a parcel or a single article that is the subject matter of a separate

lease or delivery, regardless of whether it is sufficient to perform the lease

contract.

u. "Merchant lessee" means a lessee that is a merchant with respect to goods of the

kind subject to the lease.

v. "Present value" means the amount as of a date certain of one or more sums

payable in the future, discounted to the date certain. The discount is determined

by the interest rate specified by the parties if the rate was not manifestly

unreasonable at the time the transaction was entered into; otherwise, the

discount is determined by a commercially reasonable rate that takes into account

the facts and circumstances of each case at the time the transaction was entered

into.

w. "Purchase" includes taking by sale, lease, mortgage, security interest, pledge,

gift, or any other voluntary transaction creating an interest in goods.

x. "Sublease" means a lease of goods the right to possession and use of which was

acquired by the lessor as a lessee under an existing lease.

y. "Supplier" means a person from whom a lessor buys or leases goods to be

leased under a finance lease.

z. "Supply contract" means a contract under which a lessor buys or leases goods to

be leased.

aa. "Termination" occurs when either party under a power created by agreement or

law puts an end to the lease contract otherwise than for default.

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

a. "Accessions". Subsection 1 of section 41-02.1-40.

b. "Construction mortgage". Subdivision d of subsection 1 of section 41-02.1-39.

c. "Encumbrance". Subdivision e of subsection 1 of section 41-02.1-39.

d. "Fixture filing". Subdivision b of subsection 1 of section 41-02.1-39.

e. "Fixtures". Subdivision a of subsection 1 of section 41-02.1-39.

f. "Purchase money lease". Subdivision c of subsection 1 of section 41-02.1-39.

3. The following definitions also apply to this chapter:

a. "Account". Section 41-09-02.

b. "Between merchants". Subsection 1 of section 41-02-04.

c. "Buyer". Subdivision a of subsection 1 of section 41-02-03.

d. "Chattel paper". Section 41-09-02.

e. "Consumer goods". Section 41-09-02.

f. "Document". Section 41-09-02.

g. "Entrusting". Subsection 3 of section 41-02-48.

h. "General intangible". Section 41-09-02.

i. "Instrument". Section 41-09-02.

j. "Merchant". Subsection 3 of section 41-02-04.

k. "Mortgage". Section 41-09-02.

l. "Pursuant to commitment". Section 41-09-02.

m. "Receipt". Subdivision c of subsection 1 of section 41-02-03.

n. "Sale". Subdivision d of subsection 1 of section 41-02-06.

o. "Sale on approval". Subdivision a of subsection 1 of section 41-02-43.

p. "Sale or return". Subdivision b of subsection 1 of section 41-02-43.

q. "Seller". Subdivision d of subsection 1 of section 41-02-03.

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

and interpretation applicable throughout this chapter.
N.D. Cent. Code § 41-02.1-16 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-16
41-02.1-16. (2A-207) Course of performance or practical construction
Status: repealed

41-02.1-16. (2A-207) Course of performance or practical construction

Repealed by S.L. 2007, ch. 354, § 29.
N.D. Cent. Code § 4.1-09-08 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-08
4.1-09-08. Election of council member - Canola district representative
Status: in_force

4.1-09-08. Election of council member - Canola district representative

1. Upon receiving the notice required by subdivision f of subsection 1 of section

4.1-09-06, the director of the North Dakota state university extension service shall call

a meeting of all county representatives in the canola district represented by the

member whose term is to expire.

2. The director shall notify each county representative in the canola 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 § 41-02-62 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-62
41-02-62. (2-514) When documents deliverable on acceptance - When on payment
Status: in_force

41-02-62. (2-514) When documents deliverable on acceptance - When on payment

Unless otherwise agreed, documents against which a draft is drawn are to be delivered to

the drawee on acceptance of the draft if it is payable more than three days after presentment;

otherwise, only on payment.
N.D. Cent. Code § 4.1-59-12 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-12
4.1-59-12. Revocation and suspension
Status: in_force

4.1-59-12. Revocation and suspension

The commissioner may suspend or revoke the license of a grain buyer for cause upon

notice and hearing. Notwithstanding any other provision of this chapter, the commissioner shall

suspend the license of a grain buyer for failure at any time to maintain a bond.
N.D. Cent. Code § 4.1-59-09 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-09
4.1-59-09. Bond filed by grain buyer
Status: in_force

4.1-59-09. Bond filed by grain buyer

1. Before a license is effective for a grain buyer under this chapter, the applicant for the

license shall file a bond with the commissioner which must:

a. Be in a sum not less than one hundred thousand dollars.

b. Be continuous, unless the corporate surety by certified mail notifies the licensee

and the commissioner the surety bond will be canceled ninety days after receipt

of the notice of cancellation.

c. Run to this state for the benefit of all persons selling grain to or through the grain

buyer.

d. Be conditioned:

(1) For the faithful performance of the licensee's duties as a grain buyer.

(2) For compliance with the provisions of law and the rules of the commissioner

relating to the purchase of grain by the commissioner monthly.

e. Be for the specific purpose of:

(1) Protecting the sellers of grain.

(2) Covering the costs incurred by the commissioner in the administration of the

licensee's insolvency.

f. Not accrue to the benefit of any person entering a credit-sale contract with a grain

buyer.

2. The aggregate liability of the surety under a bond does not accumulate for each

successive annual license renewal period during which the bond is in force but, for

losses during any annual license renewal period, is limited in the aggregate to the

bond amount stated or changed by appropriate endorsement or rider.

3. The commissioner shall set the amount of the bond and may require an increase in the

amount of a bond as the commissioner deems necessary to accomplish the purposes

of this section.

4. The amount of the bond for a grain buyer must be based on the dollar value of the

grain purchased, solicited, or merchandised.

5. A grain buyer shall report purchases, solicitations, and merchandising agreements to

the commissioner monthly.

6. The surety on the bond must be a corporate surety company, approved by the

commissioner and authorized to do business within the state. The commissioner may

accept cash, a negotiable instrument, or a bond executed by personal sureties in lieu

of a surety bond when, in the commissioner's judgment, cash, a negotiable instrument,

or a personal surety bond properly will protect the holders of outstanding receipts.
N.D. Cent. Code § 41-09-62 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-62
41-09-62. (9-342) Bank's right to refuse to enter into or disclose existence of control agreement
Status: in_force

41-09-62. (9-342) Bank's right to refuse to enter into or disclose existence of control

agreement.

This chapter does not require a bank to enter into an agreement of the kind described in

subdivision b of subsection 1 of section 41-09-04, even if its customer so requests or directs. A

bank that has entered into such an agreement is not required to confirm the existence of the

agreement to another person unless requested to do so by its customer.
N.D. Cent. Code § 4.1-55-12 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-12
4.1-55-12. Liability - Potato crop quantity and quality
Status: in_force

4.1-55-12. 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 the seed commission, the seed department, the seed commissioner, or any certified

seed potato producer, 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. The seed

commissioner functions and serves only in an official regulatory manner.
N.D. Cent. Code § 41-12-03 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-03
41-12-03. (12-103) Relation to chapter 41-09 and consumer laws
Status: in_force

41-12-03. (12-103) Relation to chapter 41-09 and consumer laws

1. If there is conflict between this chapter and chapter 41-09, chapter 41-09 governs.

2. A transaction subject to this chapter is subject to any applicable rule of law that

establishes a different rule for consumers and title 6, sections 13-04.1-09 through

13-04.1-09.3, and chapters 13-05, 13-08, 13-10, and 47-14.
N.D. Cent. Code § 41-01-03 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-03
41-01-03. (1-103) Construction of title to promote the title's purposes and policies - Applicability of supplemental principles of law
Status: in_force

41-01-03. (1-103) Construction of title to promote the title's purposes and policies -

Applicability of supplemental principles of law.

1. This title must be liberally construed and applied to promote the title's underlying

purposes and policies, which are:

a. To simplify, clarify, and modernize the law governing commercial transactions;

b. To permit the continued expansion of commercial practices through custom,

usage, and agreement of the parties; and

c. To make uniform the law among the various jurisdictions.

2. Unless displaced by the particular provisions of this title, the principles of law and

equity, including the law merchant and the law relative to capacity to contract, principal

and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy,

and other validating or invalidating cause supplement this title.
N.D. Cent. Code § 4.1-31-13 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-13
4.1-31-13. Records
Status: in_force

4.1-31-13. Records

The following persons shall keep records that fully and accurately disclose the transactions

described:

1. A person in the business of slaughtering animals or preparing, freezing, packaging, or

labeling animal carcasses or products of carcasses for use as human or animal food.

2. A person buying, selling, transporting, or storing animal carcasses or products of

animal carcasses.

3. A person rendering or buying, selling, or transporting dead, dying, disabled, or

diseased animals or the carcasses of animals that died other than by slaughter.
N.D. Cent. Code § 4.1-22-05 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-05
4.1-22-05. Certification of nursery stock
Status: in_force

4.1-22-05. Certification of nursery stock

The commissioner shall issue a certificate of inspection annually for nursery stock grown in

licensed nurseries within the state found to be practically free from damaging pests. Certificates

expire on December thirty-first each year unless canceled at an earlier date. Certification may

be withheld by the commissioner when nursery stock is infested with a pest or if weeds or other

objects prevent an adequate inspection of the nursery stock. All nursery stock being offered for

sale within the state must be from officially inspected sources. A copy of a certificate of

inspection from the state of origin must accompany each commercial lot or shipment of nursery

stock that is transported into or offered for sale within North Dakota. All copies of the North

Dakota certificate of inspection required for shipping purposes must be approved by the

commissioner.
N.D. Cent. Code § 4.1-47-09 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-09
4.1-47-09. County weed board - Duties
Status: in_force

4.1-47-09. County weed board - Duties

Each county weed board shall:

1. Implement a program for the control of noxious weeds;

2. Provide for the control of noxious weeds along county and township roads and along

county highways;

3. Establish the time and place of regular board meetings;

4. Meet at least once each year;

5. Keep minutes of its board meetings and a complete record of all official acts;

6. Control and disburse all moneys received by the county from any source for noxious

weed control;

7. a. Provide for the compensation of its members and its secretary and treasurer;

b. Reimburse its members and its secretary and treasurer for actual and necessary

expenses; and

c. Provide a mileage allowance at the same rate as that established for state

employees; and

8. a. Employ and provide for the compensation of a weed control officer;

b. Reimburse the weed control officer for actual and necessary expenses; and

c. Provide a mileage allowance at the same rate as that established for state

employees.
N.D. Cent. Code § 4.1-19-01 — ND Code / Title 4.1 / Chapter 4.1-19 / Section 4.1-19-01
4.1-19-01. Definitions
Status: in_force

4.1-19-01. Definitions

As used in this chapter:

1. "Eggs" means eggs in the shell which are the product of a domesticated poultry.

2. "Poultry" means domesticated fowl bred for the primary purpose of producing eggs,

meat, or both, including chickens, turkeys, ostriches, emus, rheas, cassowaries,

waterfowl, and game birds, but excluding doves and pigeons.
N.D. Cent. Code § 41-02.1-60 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-60
41-02.1-60. (2A-512) Lessee's duties as to rightfully rejected goods
Status: in_force

41-02.1-60. (2A-512) Lessee's duties as to rightfully rejected goods

1. Except as otherwise provided with respect to goods that threaten to decline in value

speedily (section 41-02.1-59) and subject to any security interest of a lessee

(subsection 5 of section 41-02.1-56):

a. The lessee, after rejection of goods in the lessee's possession, shall hold them

with reasonable care at the lessor's or the supplier's disposition for a reasonable

time after the lessee's seasonable notification of rejection;

b. If the lessor or the supplier gives no instructions within a reasonable time after

notification of rejection, the lessee may store the rejected goods for the lessor's

or the supplier's account or ship them to the lessor or the supplier or dispose of

them for the lessor's or the supplier's account with reimbursement in the manner

provided in section 41-02.1-59; but

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

2. Action by the lessee pursuant to subsection 1 is not acceptance or conversion.
N.D. Cent. Code § 41-02.1-37 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-37
41-02.1-37. (2A-307) Priority of liens arising by attachment or levy on, security interests in, and other claims to goods
Status: in_force

41-02.1-37. (2A-307) Priority of liens arising by attachment or levy on, security

interests in, and other claims to goods.

1. Except as otherwise provided in section 41-02.1-36, a creditor of a lessee takes

subject to the lease contract.

2. Except as otherwise provided in subsection 3 and in sections 41-02.1-36 and

41-02.1-38, a creditor of a lessor takes subject to the lease contract unless the creditor

holds a lien that attached to the goods before the lease contract became enforceable.

3. Except as otherwise provided in sections 41-09-37, 41-09-41, and 41-09-43, a lessee

takes a leasehold interest subject to a security interest held by a creditor of the lessor.
N.D. Cent. Code § 4.1-73-27 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-27
4.1-73-27. Chief brand inspector to issue brand book
Status: in_force

4.1-73-27. Chief brand inspector to issue brand book

1. The chief brand inspector shall compile and issue a brand book from the records

required by section 4.1-73-26, as of the final date for rerecording and shall compile

and issue an annual supplement.

2. a. The chief brand inspector shall provide a paper or an electronic copy of the brand

book and each annual supplement, free of charge, to:

(1) Each brand inspector; and

(2) Any other law enforcement officer located in this state upon request.

b. The chief brand inspector shall make paper copies of the brand books and annual

supplements available for purchase by all other persons. The purchase price

must be established by the North Dakota stockmen's association and approved

by the state board of animal health.

3. The chief brand inspector shall post the brand book and each annual supplement on

the North Dakota stockmen's association website.
N.D. Cent. Code § 41-03-19 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-19
41-03-19. (3-119) Notice of right to defend action
Status: in_force

41-03-19. (3-119) Notice of right to defend action

In an action for breach of an obligation for which a third person is answerable over under

this chapter or chapter 41-04, the defendant may give the third person written notice of the

litigation, and the person notified may then give similar notice to any other person who is

answerable over. If the notice states that the person notified may come in and defend and that

failure to do so will bind the person notified in an action later brought by the person giving the

notice as to the determination of fact common to the two litigations, the person notified is so

bound unless after seasonable receipt of the notice the person notified does come in and

defend.
N.D. Cent. Code § 4.1-73-22 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-22
4.1-73-22. Request for reinspection - Cost
Status: in_force

4.1-73-22. Request for reinspection - Cost

1. A person may request that a brand inspector conduct a reinspection if the person has

reason to believe that:

a. An error was made during the brand inspection; and

b. Cattle, horses, or mules were shipped to an unintended destination as a result of

the error.

2. If it is determined that an error was made during the brand inspection, the North

Dakota stockmen's association shall bear the cost of the reinspection. If it is

determined that a brand inspection error was not made, the person that requested the

reinspection shall reimburse the North Dakota stockmen's association for the cost of

the reinspection.
N.D. Cent. Code § 4.1-13-19 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-19
4.1-13-19. Reimbursement for double payments
Status: in_force

4.1-13-19. Reimbursement for double payments

Notwithstanding section 4.1-13-18, if a producer documents to the commission that the

producer has paid the assessment more than once on the same wheat, the commission shall

reimburse the producer for the double payment.
N.D. Cent. Code § 41-04-03 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-03
41-04-03. (4-103) Variation by agreement - Measure of damages - Action constituting ordinary care
Status: in_force

41-04-03. (4-103) Variation by agreement - Measure of damages - Action constituting

ordinary care.

1. The effect of the provisions of this chapter may be varied by agreement, but the parties

to the agreement may not disclaim a bank's responsibility for its own lack of good faith

or failure to exercise ordinary care or limit the measure of damages for the lack or

failure. The parties may, however, determine by agreement the standards by which the

bank's responsibility is to be measured if those standards are not manifestly

unreasonable.

2. Federal reserve regulations and operating circulars, clearinghouse rules, and the like

have the effect of agreements under subsection 1, whether or not specifically assented

to by all parties interested in items handled.

3. Action or nonaction approved by this chapter or under federal reserve regulations or

operating circulars constitutes the exercise of ordinary care and, in the absence of

special instructions, action or nonaction consistent with clearinghouse and similar rules

or with a general banking usage not disapproved by this chapter, constitutes prima

facie the exercise of ordinary care.

4. The specification or approval of certain procedures by this chapter does not constitute

disapproval of other procedures that may be reasonable under the circumstances.

5. The measure of damages for failure to exercise ordinary care in handling an item is

the amount of the item reduced by an amount that could not have been realized by the

exercise of ordinary care. If there is also bad faith, it includes any other damages the

party suffered as a proximate consequence.
N.D. Cent. Code § 4.1-33-18 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-18
4.1-33-18. Pesticide application - Alleged property damage - Notification of applicator
Status: in_force

4.1-33-18. Pesticide application - Alleged property damage - Notification of applicator

1. a. Before a person may file a civil action seeking reimbursement for property

damage allegedly stemming from the application of a pesticide, the person shall

notify by certified mail the pesticide applicator of the alleged damage within the

earlier of:

(1) Twenty-eight days from the date the person first knew or should have known

of the alleged damage; or

(2) Before twenty percent of the crop or field allegedly damaged is harvested or

destroyed.

b. Subdivision a does not apply if the person seeking reimbursement for property

damage was the applicator of the pesticide.

2. Upon notifying the applicator as required under subsection 1, the person seeking

reimbursement for the alleged property damage shall permit the applicator and up to

four representatives of the applicator to enter the person's property for the purpose of

observing and examining the alleged damage. If the person fails to allow entry, the

person is barred from asserting a claim against the applicator.
N.D. Cent. Code § 4.1-47-23 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-23
4.1-47-23. City weed control officer - Powers
Status: in_force

4.1-47-23. City weed control officer - Powers

A city weed control officer may enter upon any land within the jurisdiction of the officer to

perform duties and to exercise powers under this chapter, including taking specimens of weeds

or other materials, without the consent of the landowner or other person responsible for the land

and without being subject to any action for trespass or damages, provided reasonable care is

exercised.
N.D. Cent. Code § 4.1-47-17 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-17
4.1-47-17. Control of noxious weeds within cities
Status: in_force

4.1-47-17. Control of noxious weeds within cities

The governing body of any city having a population of three thousand or more may

establish a program for the control of noxious weeds within the jurisdictional limits of the city. If a

program is not established, the county weed board shall administer a program for the city.
N.D. Cent. Code § 4.1-07-12 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-12
4.1-07-12. Assessment
Status: in_force

4.1-07-12. Assessment

An assessment at the rate of one percent of the net value of dry peas and lentils is levied

upon all dry peas and lentils grown in the state or sold to a first purchaser.
N.D. Cent. Code § 41-02.1-14 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-14
41-02.1-14. (2A-205) Firm offers
Status: in_force

41-02.1-14. (2A-205) Firm offers

An offer by a merchant to lease goods to or from another person in a signed record that by

its terms gives assurance it will be held open is not revocable, for lack of consideration, during

the time stated or, if no time is stated, for a reasonable time, but in no event may the period of

irrevocability exceed three months. Any such term of assurance on a form supplied by the

offeree must be separately signed by the offeror.
N.D. Cent. Code § 4.1-59-11 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-11
4.1-59-11. Bond cancellation - Release of surety
Status: in_force

4.1-59-11. Bond cancellation - Release of surety

The surety on a bond is released from all future liability accruing on the bond after the

expiration of ninety days from the date of receipt by the commissioner of notice of cancellation

by the surety or on a later date specified by the surety. This provision does not operate to

relieve, release, or discharge the surety from any liability already accrued or which accrues

before the expiration of the ninety-day period. Unless the grain buyer files a new bond at least

thirty days before liability ceases, the commissioner, without hearing, immediately shall suspend

the grain buyer's license and the suspension may not be removed until a new bond has been

filed and approved by the commissioner.
N.D. Cent. Code § 41-08-11 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-11
41-08-11. (8-111) Clearing corporation rules
Status: in_force

41-08-11. (8-111) Clearing corporation rules

A rule adopted by a clearing corporation governing rights and obligations among the

clearing corporation and its participants in the clearing corporation is effective even if the rule

conflicts with this chapter and affects another party who does not consent to the rule.
N.D. Cent. Code § 41-09-18 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-18
41-09-18. (9-208) Additional duties of secured party having control of collateral
Status: in_force

41-09-18. (9-208) Additional duties of secured party having control of collateral

1. This section applies to cases in which there is no outstanding secured obligation and

the secured party is not committed to make advances, incur obligations, or otherwise

give value.

2. Within ten days after receiving a signed demand by the debtor:

a. A secured party having control of a deposit account or an uncertificated certificate

of deposit under subdivision b of subsection 1 of section 41-09-04 shall send to

the bank with which the deposit account or uncertificated certificate of deposit is

maintained a signed record that releases the bank from any further obligation to

comply with instructions originated by the secured party;

b. A secured party having control of a deposit account or an uncertificated certificate

of deposit under subdivision c of subsection 1 of section 41-09-04 shall:

(1) Pay the debtor the balance on deposit in the deposit account or

uncertificated certificate of deposit; or

(2) Transfer the balance on deposit into a deposit account or an uncertificated

certificate of deposit in the debtor's name;

c. A secured party, other than a buyer, having control under section 41-09-05 of an

authoritative electronic copy of a record evidencing chattel paper shall transfer

control of the electronic copy to the debtor or a person designated by the debtor;

d. A secured party having control of investment property under subdivision b of

subsection 4 of section 41-08-06 or subsection 2 of section 41-09-06 shall send

to the securities intermediary or commodity intermediary with which the security

entitlement or commodity contract is maintained a signed record that releases the

securities intermediary or commodity intermediary from any further obligation to

comply with entitlement orders or directions originated by the secured party;

e. A secured party having control of a letter-of-credit right under section 41-09-07

shall send to each person having an unfulfilled obligation to pay or deliver

proceeds of the letter of credit to the secured party a signed release from any

further obligation to pay or deliver proceeds of the letter of credit to the secured

party;

f. A secured party having control under section 41-07-06 of an authoritative

electronic copy of an electronic document of title shall transfer control of the

electronic copy to the debtor or a person designated by the debtor;

g. A secured party having control under section 41-09-05.1 of electronic money shall

transfer control of the electronic money to the debtor or a person designated by

the debtor; and

h. A secured party having control under section 41-12-05 of a controllable electronic

record, other than a buyer of a controllable account or controllable payment

intangible evidenced by the controllable electronic record, shall transfer control of

the controllable electronic record to the debtor or a person designated by the

debtor.
N.D. Cent. Code § 41-01-15 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-15
41-01-15. (1-301) Territorial applicability - Parties' power to choose applicable law
Status: in_force

41-01-15. (1-301) Territorial applicability - Parties' power to choose applicable law

1. Except as provided hereafter in this section, when a transaction bears a reasonable

relation to this state and also to another state or nation the parties may agree that the

law either of this state or of such other state or nation shall govern their rights and

duties. Failing such agreement, this title applies to transactions bearing an appropriate

relation to this state.

2. If one of the following provisions of this title specifies the applicable law, that provision

governs and a contrary agreement is effective only to the extent permitted by the law,

including the conflict of laws rules, so specified:

a. Rights of creditors against sold goods. Section 41-02-47.

b. Applicability of the chapter on leases. Sections 41-02.1-05 and 41-02.1-06.

c. Applicability of the chapter on bank deposits and collections. Section 41-04-02.

d. Governing law in the chapter on funds transfers. Section 41-04.1-38.

e. Letters of credit. Section 41-05-16.

f. Applicability of the chapter on investment securities. Section 41-08-10.

g. Law governing perfection, the effect of perfection or nonperfection, and the

priority of security interests and agricultural liens. Sections 41-09-21 through

41-09-27.

h. Governing law in the chapter on controllable electronic records. Section 41-12-07.
N.D. Cent. Code § 4.1-34-13 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-13
4.1-34-13. Cooperation
Status: in_force

4.1-34-13. Cooperation

The commissioner may cooperate and enter agreements with any other agency of this state

or of the federal government or any other state or agency thereof for the purpose of carrying out

this chapter and securing uniformity of regulations.
N.D. Cent. Code § 41-02.1-74 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-74
41-02.1-74. (2A-526) Lessor's stoppage of delivery in transit or otherwise
Status: in_force

41-02.1-74. (2A-526) Lessor's stoppage of delivery in transit or otherwise

1. A lessor may stop delivery of goods in the possession of a carrier or other bailee if the

lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload,

planeload, or larger shipments of express or freight if the lessee repudiates or fails to

make a payment due before delivery, whether for rent, security, or otherwise under the

lease contract, or for any other reason that the lessor has a right to withhold or take

possession of the goods.

2. In pursuing its remedies under subsection 1, the lessor may stop delivery until:

a. Receipt of the goods by the lessee;

b. Acknowledgment to the lessee by any bailee of the goods, except a carrier, that

the bailee holds the goods for the lessee; or

c. Such an acknowledgment to the lessee by a carrier via reshipment or as a

warehouse.

3. a. To stop delivery, a lessor shall so notify as to enable the bailee by reasonable

diligence to prevent delivery of the goods.

b. After notification, the bailee shall hold and deliver the goods according to the

directions of the lessor, but the lessor is liable to the bailee for any ensuing

charges or damages.

c. A carrier who has issued a non-negotiable bill of lading is not obliged to obey a

notification to stop received from a person other than the consignor.
N.D. Cent. Code § 41-04-20 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-20
41-04-20. (4-208) Presentment warranties
Status: in_force

41-04-20. (4-208) Presentment warranties

1. If an unaccepted draft is presented to the drawee for payment or acceptance and the

drawee pays or accepts the draft, the person obtaining payment or acceptance, at the

time of presentment, and a previous transferor of the draft, at the time of transfer,

warrant to the drawee that pays or accepts the draft in good faith that:

a. The warrantor is, or was at the time the warrantor transferred the draft, a person

entitled to enforce the draft or authorized to obtain payment or acceptance of the

draft on behalf of a person entitled to enforce the draft.

b. The draft has not been altered.

c. The warrantor has no knowledge that the signature of the purported drawer of the

draft is unauthorized.

d. If the draft is a demand draft, creation of the demand draft according to the terms

on its face was authorized by the person identified as drawer.

2. A drawee making payment may recover from any warrantor damages for breach of

warranty equal to the amount paid by the drawee less the amount the drawee received

or is entitled to receive from the drawer because of the payment. In addition, the

drawee is entitled to compensation for expenses and loss of interest resulting from the

breach. The right of the drawee to recover damages under this subsection is not

affected by any failure of the drawee to exercise ordinary care in making payment. If

the drawee accepts the draft, breach of warranty is a defense to the obligation of the

acceptor and, if the acceptor makes payment with respect to the draft, the acceptor is

entitled to recover from any warrantor for breach of warranty the amounts stated in the

first two sentences of this subsection.

3. If a drawee asserts a claim for breach of warranty under subsection 1 based on an

unauthorized endorsement of the draft or an alteration of the draft, the warrantor may

defend by proving that the endorsement is effective under section 41-03-41 or

41-03-42 or the drawer is precluded under section 41-03-43 or 41-04-37 from

asserting against the drawee the unauthorized endorsement or alteration.

4. This subsection applies if a dishonored draft is presented for payment to the drawer or

an endorser or if any other item is presented for payment to a party obliged to pay the

item, and the item is paid. The person obtaining payment and a prior transferor of the

item warrant to the person making payment in good faith that the warrantor is or was

at the time the warrantor transferred the item a person entitled to enforce the item or

authorized to obtain payment on behalf of a person entitled to enforce the item. The

person making payment may recover from any warrantor for breach of warranty an

amount equal to the amount paid plus expenses and loss of interest resulting from the

breach.

5. The warranties stated in subsections 1 and 4 may not be disclaimed with respect to

checks. Unless notice of a claim for breach of warranty is given to the warrantor within

thirty days after the claimant has reason to know of the breach and the identity of the

warrantor, the warrantor is discharged to the extent of any loss caused by the delay in

giving notice of the claim.

6. A cause of action for breach of warranty under this section accrues when the claimant

has reason to know of the breach.

7. A demand draft is a check as provided in subsection 6 of section 41-03-04.

8. If the warranty in subdivision d of subsection 1 is not given by a transferor under

applicable conflict of law rules, then the warranty is not given to that transferor when

that transferor is a transferee.
N.D. Cent. Code § 4.1-58-13 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-13
4.1-58-13. Bond discount
Status: in_force

4.1-58-13. Bond discount

1. The licensee may request a bond reduction based upon the licensee's conversion

policy.

a. The required bond is reduced by thirty percent for a licensee that establishes and

follows a conversion policy approved by the commissioner of ten days or fewer.

b. The required bond is reduced by fifteen percent for a licensee that establishes

and follows a conversion policy approved by the commissioner of eleven to

twenty-one days.

2. A reduction under this section may not be used to reduce the required bond below the

minimum bond set in law.
N.D. Cent. Code § 4.1-01-21.2 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-21.2
4.1-01-21.2. Low-carbon fuels fund - Continuing appropriation
Status: in_force

4.1-01-21.2. Low-carbon fuels fund - Continuing appropriation

1. The low-carbon fuels fund is created as a special fund in the state treasury. The fund

consists of all moneys transferred to the fund under section 39-04-39. The moneys in

the fund are appropriated to the commissioner on a continuing basis to distribute

low-carbon fuels incentives and carbon intensity verification under this section.

2. The commissioner shall distribute low-carbon fuels incentives to ethanol production

facilities for eligible capital projects that increase the efficiency of a facility and

decrease the carbon intensity of the production process. Distributions of low-carbon

fuels incentives to an ethanol production facility are limited to fifty percent of the cost of

eligible capital projects and may not exceed:

a. Three million dollars per biennium;

b. Cumulative distributions of ten million dollars per facility; and

c. A period of ten years beginning with the first distribution to the facility.

3. For purposes of this section, "eligible capital projects" means construction of new

infrastructure or replacement of existing infrastructure for carbon dioxide capture and

storage, beneficial use of carbon dioxide, energy efficiency enhancements, or ethanol

yield improvements.

4. The commissioner may use up to one million dollars from the fund to contract with an

entity to develop a carbon intensity verification process.

5. At least once per biennium, the commissioner shall provide a report to the legislative

management regarding the status of the fund, including the revenues deposited in the

fund, the low-carbon fuels incentives distributed from the fund, and the balance of the

fund.
N.D. Cent. Code § 41-03-48 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-48
41-03-48. (3-411) Refusal to pay cashier's checks, teller's checks, and certified checks
Status: in_force

41-03-48. (3-411) Refusal to pay cashier's checks, teller's checks, and certified

checks.

1. In this section, "obligated bank" means the acceptor of a certified check or the issuer

of a cashier's check or teller's check bought from the issuer.

2. If the obligated bank wrongfully refuses to pay a cashier's check or certified check,

stops payment of a teller's check, or refuses to pay a dishonored teller's check, the

person asserting the right to enforce the check is entitled to compensation for

expenses and loss of interest resulting from the nonpayment and may recover

consequential damages if the obligated bank refuses to pay after receiving notice of

particular circumstances giving rise to the damages.

3. Expenses or consequential damages under subsection 2 are not recoverable if the

refusal of the obligated bank to pay occurs because the bank suspends payments, the

obligated bank is asserting a claim or defense of the bank that it has reasonable

grounds to believe is available against the person entitled to enforce the instrument,

the obligated bank has a reasonable doubt whether the person demanding payment is

the person entitled to enforce the instrument, or payment is prohibited by law.
N.D. Cent. Code § 4.1-48-03 — ND Code / Title 4.1 / Chapter 4.1-48 / Section 4.1-48-03
4.1-48-03. Civil liability for damages from an unfair act or practice
Status: in_force

4.1-48-03. Civil liability for damages from an unfair act or practice

A person who engages in conduct that constitutes an unfair act or practice under section

4.1-48-02 is liable to a producer for all damages caused to the producer by the unfair act or

practice.
N.D. Cent. Code § 4.1-20-12 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-12
4.1-20-12. District to be a political subdivision - Boundaries of district
Status: in_force

4.1-20-12. District to be a political subdivision - Boundaries of district

Upon the certification by the committee to the secretary of state under section 4.1-20-11, the

district becomes a political subdivision of the state and a body corporate and politic. The

secretary of state shall issue to the committee a certificate of the due organization of the district

under the seal of the state and record the certificate with the application and statement. The

boundaries of the district include the area as determined by the committee, but may not include

any area included within the boundaries of another soil conservation district.
N.D. Cent. Code § 4.1-11-12 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-12
4.1-11-12. Collection of assessment by designated handler - Records
Status: in_force

4.1-11-12. Collection of assessment by designated handler - Records

If an assessment is in place under section 4.1-11-11:

1. Each designated handler shall collect the assessment from the seller by deducting the

assessment from the purchase price of all soybeans subject to the assessment;

2. Each designated handler shall keep all records regarding the quantity of soybeans

received and assessed for a period of three years; and

3. All records required by this section may be examined by the council upon request.
N.D. Cent. Code § 41-09-48 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-48
41-09-48. (9-328) Priority of security interests in investment property
Status: in_force

41-09-48. (9-328) Priority of security interests in investment property

The following rules govern priority among conflicting security interests in the same

investment property:

1. A security interest held by a secured party having control of investment property under

section 41-09-06 has priority over a security interest held by a secured party that does

not have control of the investment property.

2. Except as otherwise provided in subsections 3 and 4, conflicting security interests held

by secured parties each of which has control under section 41-09-06 rank according to

priority in time of:

a. If the collateral is a security, obtaining control;

b. If the collateral is a security entitlement carried in a securities account and:

(1) If the secured party obtained control under subdivision a of subsection 4 of

section 41-08-06, the secured party's becoming the person for which the

securities account is maintained;

(2) If the secured party obtained control under subdivision b of subsection 4 of

section 41-08-06, the securities intermediary's agreement to comply with the

secured party's entitlement orders with respect to security entitlements

carried or to be carried in the securities account; or

(3) If the secured party obtained control through another person under

subdivision c of subsection 4 of section 41-08-06, the time on which priority

would be based under this subsection if the other person were the secured

party; or

c. If the collateral is a commodity contract carried with a commodity intermediary,

the satisfaction of the requirement for control specified in subdivision b of

subsection 2 of section 41-09-06 with respect to commodity contracts carried or

to be carried with the commodity intermediary.

3. A security interest held by a securities intermediary in a security entitlement or a

securities account maintained with the securities intermediary has priority over a

conflicting security interest held by another secured party.

4. A security interest held by a commodity intermediary in a commodity contract or a

commodity account maintained with the commodity intermediary has priority over a

conflicting security interest held by another secured party.

5. A security interest in a certificated security in registered form which is perfected by

taking delivery under subsection 1 of section 41-09-33 and not by control under

section 41-09-34 has priority over a conflicting security interest perfected by a method

other than control.

6. Conflicting security interests created by a broker, securities intermediary, or commodity

intermediary which are perfected without control under section 41-09-06 rank equally.

7. In all other cases, priority among conflicting security interests in investment property is

governed by sections 41-09-42 and 41-09-43.
N.D. Cent. Code § 4.1-26-26 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-26
4.1-26-26. License - Fees prohibited
Status: in_force

4.1-26-26. License - Fees prohibited

The milk marketing board may not charge a fee for the issuance or maintenance of any

license required by this chapter.
N.D. Cent. Code § 4.1-20-32 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-32
4.1-20-32. Failure to perform land use regulations - Hearing on - Supervisors to perform - Costs and expenses
Status: in_force

4.1-20-32. Failure to perform land use regulations - Hearing on - Supervisors to

perform - Costs and expenses.

1. If the supervisors of any district find any land use regulations prescribed in any

ordinance are not being observed on particular lands, tending to increase erosion on

those lands and interfering with the prevention or control of erosion on other lands

within the district, the supervisors may present to the district court a duly verified

petition setting forth:

a. The adoption of the ordinance prescribing land use regulations;

b. The alleged failure of the defendant land occupier to observe the regulations and

perform particular work, operations, or avoidances required by the regulations

and that the failure tends to increase erosion on those lands and interfere with the

prevention or control of erosion on other lands within the district; and

c. Requesting that the court order the defendant to perform the work, operations, or

avoidances within a reasonable time and that if the defendant fails to do so, the

supervisors may:

(1) Enter upon the land;

(2) Perform the necessary work to bring the condition of the land into conformity

with the regulations; and

(3) Assess the costs and expenses of the work, with interest, to the defendant.

2. Upon presentation of a petition under subsection 1, the court shall cause process to be

issued against the defendant, and shall hear the case.

a. If it appears to the court testimony is necessary for the proper disposition of the

matter, the court may take evidence or appoint a referee to take evidence as it

may direct and report the evidence to the court with the referee's findings of fact

and conclusions of law.

b. If a referee is appointed, the report of the referee constitutes a part of the

proceedings upon which the determination of the court must be made.

c. The court may dismiss the petition or it may order the defendant to perform the

work, operations, or avoidances. The court may provide upon the failure of the

defendant to initiate performance as ordered by the court within the time specified

in the order of the court and to prosecute the same to completion with reasonable

diligence, the supervisors may enter upon the lands involved and perform the

necessary work to bring the condition of the land into conformity with the

regulations and assess the costs and expenses of the work, with interest at the

rate of five percent per annum, to the defendant.

d. If the person in possession of lands subject to a petition under subsection 1 is

other than the owner, the owner of those lands must be joined as a party

defendant. In all cases, notice must be given to all other interested parties in

person, or by publication in the manner provided in this chapter for publication of

due notice.

e. In any case under this section, the court shall retain jurisdiction until any work

ordered by the court has been completed.

3. Upon completion of any work ordered by the court under subsection 2, the supervisors

may file a petition with the court and serve a copy upon the defendants, stating the

costs and expenses sustained by the supervisors in the performance of the work and

asking for judgment in that amount, with interest. The court may enter judgment for the

amount of costs and expenses approved by the court plus interest at the rate of five

percent per annum until paid. The supervisors may certify to the county auditor of the

county in which the district is located the amount of the judgment, which is a lien upon

the lands and must be collected as taxes or assessments are collected. As the

judgment is paid or collected, the proceeds must be paid over to the district that

certified the judgment to the auditor.
N.D. Cent. Code § 4.1-13-23 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-23
4.1-13-23. Contract with trade associations
Status: in_force

4.1-13-23. Contract with trade associations

The commission shall expend an amount at least equal to that raised by two mills of the

assessment provided for in section 4.1-13-15 to contract for activities related to domestic wheat

policy issues, wheat production, promotion, and sales. The contracts may be with no more than

two trade associations that are incorporated in this state and which have as their primary

purpose the representation of wheat producers. The contracts must require that any trade

association receiving money under this section pay from that money all dues required as a

condition of the trade association's membership in any national trade association. The contracts

must prohibit any trade association receiving money under this section from eliminating any

dues required as a condition of membership in that trade association or from reducing such

dues below the amount required for membership as of January 1, 2005.
N.D. Cent. Code § 41-07-02 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-02
41-07-02. (7-102) Definitions and index of definitions
Status: in_force

41-07-02. (7-102) Definitions and index of definitions

1. In this chapter, unless the context otherwise requires:

a. "Bailee" means a person that by a warehouse receipt, bill of lading, or other

document of title acknowledges possession of goods and contracts to deliver

them.

b. "Carrier" means a person that issues a bill of lading.

c. "Consignee" means a person named in a bill of lading to which or to whose order

the bill promises delivery.

d. "Consignor" means a person named in a bill of lading as the person from which

the goods have been received for shipment.

e. "Delivery order" means a record that contains an order to deliver goods directed

to a warehouse, carrier, or other person that in the ordinary course of business

issues warehouse receipts or bills of lading.

f. "Good faith" means honesty in fact and the observance of reasonable commercial

standards of fair dealing.

g. "Goods" means all things that are treated as movable for the purposes of a

contract for storage or transportation.

h. "Issuer" means a bailee that issues a document of title or, in the case of an

unaccepted delivery order, the person that orders the possessor of goods to

deliver. The term includes a person for which an agent or employee purports to

act in issuing a document if the agent or employee has real or apparent authority

to issue documents, even if the issuer did not receive any goods, the goods were

misdescribed, or in any other respect the agent or employee violated the issuer's

instructions.

i. "Person entitled under the document" means the holder, in the case of a

negotiable document of title, or the person to which delivery of the goods is to be

made by the terms of, or pursuant to instructions in a record under, a

non-negotiable document of title.

j. "Shipper" means a person that enters into a contract of transportation with a

carrier.

k. "Warehouse" means a person engaged in the business of storing goods for hire.

2. Definitions in other sections applying to this chapter and the sections in which they

appear are:

a. "Contract for sale". Section 41-02-06.

b. "Lessee in ordinary course". Section 41-02.1-03.

c. "Receipt" of goods. Section 41-02-03.

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

and interpretation applicable throughout this chapter.
N.D. Cent. Code § 4.1-06-07 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-07
4.1-06-07. Election of chairman - Meetings
Status: in_force

4.1-06-07. Election of chairman - Meetings

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

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

the council within seven days when petitioned to do so by three council members.
N.D. Cent. Code § 4.1-02-19 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-19
4.1-02-19. Continuing appropriation
Status: in_force

4.1-02-19. Continuing appropriation

The council shall forward all moneys received under this chapter to the state treasurer for

deposit in the barley fund. All moneys in the barley fund are appropriated on a continuing basis

to the council to carry out this chapter.
N.D. Cent. Code § 4.1-45-20 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-20
4.1-45-20. Service of process
Status: in_force

4.1-45-20. Service of process

In any action or proceeding upon a claim arising out of the conduct of the state fair, service

of process may be made as provided in section 53-05-04.
N.D. Cent. Code § 4.1-53-55 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-55
4.1-53-55. Seizure and injunction - Action
Status: in_force

4.1-53-55. Seizure and injunction - Action

1. If the seed commissioner determines that any lot of seed is not in compliance with this

chapter, the seed commissioner may petition a court of competent jurisdiction for

seizure of the seed. If the court orders the condemnation of the seed, it must be

denatured, processed, destroyed, relabeled, or otherwise disposed of in accordance

with the laws of this state.

2. A court may not order disposition of the seed without first having given the owner an

opportunity to apply to the court for release of the seed, or for permission to process or

relabel the seed in compliance with this chapter.

3. Any violation of this chapter may be enjoined in a court of competent jurisdiction

without bringing any other civil or criminal action.
N.D. Cent. Code § 4.1-57-09 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-09
4.1-57-09. Agent of licensee - Ineligibility
Status: in_force

4.1-57-09. Agent of licensee - Ineligibility

The seed commissioner may determine that an individual may not act as an authorized

agent for a licensee if the individual was refused a wholesale potato dealer's license by another

state or if the individual had a wholesale potato dealer's license suspended or revoked by

another state.
N.D. Cent. Code § 4.1-33-12 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-12
4.1-33-12. Private applicators - Certification
Status: in_force

4.1-33-12. Private applicators - Certification

1. a. An individual who would be a private applicator, if certified, may not buy any

restricted use pesticide unless the individual first complies with the certification

requirements established by the board.

b. An individual who would be a private applicator, if certified, may not use any

restricted use pesticide unless the individual:

(1) Complies with the certification requirements established by the board; or

(2) Is under the direct supervision of a certified applicator while applying a

restricted use herbicide.

2. Certification standards to determine the individual's competency with respect to the

use and handling of the pesticide or class of pesticides the private applicator is to be

certified to use must be determined by the board. In determining these standards, the

board shall consider similar standards of the United States environmental protection

agency. The North Dakota state university extension service, or its designee, shall

issue a certificate to any private applicator who has qualified as prescribed by the

board. The North Dakota state university extension service, or its designee, may

require any applicant required to be certified under this section to pay a reasonable

fee, not greater than the cost to the North Dakota state university extension service,

for materials provided to the applicant for training and education.
N.D. Cent. Code § 41-09-27 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-27
41-09-27. (9-307) Location of debtor
Status: in_force

41-09-27. (9-307) Location of debtor

1. In this section, "place of business" means a place where a debtor conducts its affairs.

2. Except as otherwise provided in this section, the following rules determine a debtor's

location:

a. A debtor who is an individual is located at the individual's principal residence.

b. A debtor that is an organization and has only one place of business is located at

its place of business.

c. A debtor that is an organization and has more than one place of business is

located at its chief executive office.

3. Subsection 2 applies only if a debtor's residence, place of business, or chief executive

office, as applicable, is located in a jurisdiction whose law generally requires

information concerning the existence of a nonpossessory security interest to be made

generally available in a filing, recording, or registration system as a condition or result

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

to the collateral. If subsection 2 does not apply, the debtor is located in the District of

Columbia.

4. A person that ceases to exist, have a residence, or have a place of business continues

to be located in the jurisdiction specified by subsections 2 and 3.

5. A registered organization that is organized under the law of a state is located in that

state.

6. Except as otherwise provided in subsection 9, a registered organization that is

organized under the law of the United States and a branch or agency of a bank that is

not organized under the law of the United States or a state are located:

a. In the state that the law of the United States designates, if the law designates a

state of location;

b. In the state that the registered organization, branch, or agency designates, if the

law of the United States authorizes the registered organization, branch, or agency

to designate its state of location, including by designation its main office, home

office, or other comparable office; or

c. In the District of Columbia, if neither subdivision a nor b applies.

7. A registered organization continues to be located in the jurisdiction specified by

subsection 5 or 6 notwithstanding:

a. The suspension, revocation, forfeiture, or lapse of the registered organization's

status as such in its jurisdiction of organization; or

b. The dissolution, winding up, or cancellation of the existence of the registered

organization.

8. The United States is located in the District of Columbia.

9. A branch or agency of a bank that is not organized under the law of the United States

or a state is located in the state in which the branch or agency is licensed, if all

branches and agencies of the bank are licensed in only one state.

10. A foreign air carrier under the Federal Aviation Act of 1958, as amended, [Pub. L.

85-726; 72 Stat. 731] is located at the designated office of the agent upon which

service of process may be made on behalf of the carrier.

11. This section applies only for purposes of this part.
N.D. Cent. Code § 4.1-18.1-10 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-10
4.1-18.1-10. Failure to supply information or obey subpoena
Status: in_force

4.1-18.1-10. Failure to supply information or obey subpoena

If a person fails or refuses to file any statement or report requested by the commissioner, or

obey any subpoena issued by the commissioner, the commissioner may, after notice, apply to a

district court and request an order:

1. Granting injunctive relief, restraining the creation, sale, distribution, or advertisement of

any hemp commodity or product merchandise by a person;

2. Vacating, annulling, or suspending the charter of a for-profit or nonprofit corporation or

limited liability company created by or under the laws of this state or revoking or

suspending the certificate of authority to do business in this state of a foreign

corporation or limited liability company or revoking or suspending any other licenses,

permits, or certificates issued pursuant to law to a person which are used to violate

this chapter; and

3. Granting such other relief as may be required.
N.D. Cent. Code § 41-09-01 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-01
41-09-01. (9-101) Short title
Status: in_force

41-09-01. (9-101) Short title

This chapter may be cited as Uniform Commercial Code - Secured Transactions.
N.D. Cent. Code § 4.1-09-01 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-01
4.1-09-01. Definitions
Status: in_force

4.1-09-01. Definitions

As used in this chapter:

1. "Council" means the North Dakota oilseed council.

2. "First purchaser" means any person that buys, accepts for shipment, or otherwise

acquires oilseeds from a producer. The term includes a mortgagee, pledgee, lienor,

and any other person having a claim against a producer if the actual or constructive

possession of the oilseed is taken as partial payment or in satisfaction of the

mortgage, pledge, lien, or claim.

3. "Oilseeds" include canola, crambe, flax, rapeseed, safflowers, and sunflowers.

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

section 4.1-09-19 during the preceding twelve months.

5. "Producer" means any person that:

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

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

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

season; or

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

growing season.
N.D. Cent. Code § 41-09-126 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-126
41-09-126. (9-704) Security interest unperfected before effective date
Status: in_force

41-09-126. (9-704) Security interest unperfected before effective date

A security interest that is enforceable immediately before July 1, 2001, but which would be

subordinate to the rights of a person that becomes a lien creditor at that time:

1. Remains an enforceable security interest until July 1, 2002;

2. Remains enforceable thereafter if the security interest becomes enforceable under

section 41-09-13 on July 1, 2001, or within one year thereafter; and

3. Becomes perfected:

a. Without further action, on July 1, 2001, if the applicable requirements for

perfection under this chapter are satisfied before or at that time; or

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

are satisfied after that time.
N.D. Cent. Code § 4.1-33-01 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-01
4.1-33-01. Definitions
Status: in_force

4.1-33-01. Definitions

As used in this chapter:

1. "Animal" means vertebrate and invertebrate species, including humans and other

mammals, birds, fish, and shellfish.

2. "Antimicrobial pesticide" means a substance or mixture of substances intended for

preventing, destroying, repelling, suppressing, or mitigating the growth of

micro-organisms, including bacteria, viruses, and fungi on inanimate objects and

surfaces.

3. "Applicator" means a person who applies a pesticide to land.

4. "Certified applicator" means an individual who is certified under this chapter to

purchase or use a restricted use pesticide.

5. "Commercial applicator" means a person who, by contract or for hire, engages in the

business of applying pesticides for compensation.

6. "Defoliant" means a substance or mixture of substances intended to cause the leaves

or foliage to drop from a plant, with or without causing abscission.

7. "Desiccant" means a substance or mixture of substances intended to artificially

accelerate the drying of plant tissue.

8. "Device" means an instrument or contrivance, other than a firearm, which is intended

for trapping, destroying, repelling, or mitigating any pest or any other form of plant or

animal life, other than human and other than bacteria, virus, or other micro-organism

on or in living humans or other living animals, but not including equipment used for the

application of pesticides when sold separately from pesticide.

9. "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver, or supply

pesticides in the state.

10. "Environment" includes water, air, land, and all plants, humans, and other animals

living there, and the interrelationships existing among them.

11. "Equipment" means a type of ground, water, or aerial equipment or contrivance using

motorized, mechanical, or pressurized power and used to apply a pesticide on land

and anything that may be growing, inhabiting, or stored on or in that land. The term

does not include a pressurized hand-held household apparatus used to apply a

pesticide, or equipment or contrivance of which the individual who is applying the

pesticide is the source of power or energy to make the pesticide application.

12. "Fungus" means a non-chlorophyll-bearing thallophytes, that is, a

non-chlorophyll-bearing plant of a lower order than mosses and liverworts as, for

example, rust, smut, mildew, mold, yeast, and bacteria, except fungus on or in living

humans or other living animals, and except fungus on or in processed food,

beverages, or pharmaceuticals.

13. "Insect" means one of the numerous small invertebrate animals generally having the

body more or less obviously segmented, for the most part belonging to the class of

insecta, comprising six-legged, usually winged forms, and to other allied classes of

arthropods for which members are wingless and usually have more than six legs.

14. "Label" means the written, printed, or graphic matter on, or attached to, the pesticide

or device or any of the pesticide or device's containers or wrappers.

15. "Labeling" means the label and other written, printed, or graphic matter:

a. Accompanying the pesticide or device; or

b. To which reference is made on the label or in literature accompanying or referring

to the pesticide, except when accurate nonmisleading references are made to

current official publications of the board, the United States environmental

protection agency, the United States departments of agriculture and interior, the

United States department of health and human services, state agricultural

colleges, and other similar federal or state institutions or agencies authorized by

law to conduct research in the field of pesticides.

16. "Land" means land and water areas, including airspace, and plants, animals,

structures, buildings, contrivances, and machinery, appurtenant to or situated on land,

fixed or mobile, including any used for transportation.

17. "Nematode" means an invertebrate animal of the phylum nemathelminthes, and class

nematoda, i.e., unsegmented round worms with elongated, fusiform, or saclike bodies

covered with cuticle, and inhabiting soil, water, plants, or plant parts, may also be

called nemas or eelworms.

18. "Pest" means an insect, rodent, nematode, fungus, or weed; or other form of terrestrial

or aquatic plant or animal life, viruses, bacteria, or other micro-organism, except

viruses, bacteria, or other micro-organisms on or in living humans or other living

animals.

19. "Pesticide" means:

a. A substance or mixture of substances intended for preventing, destroying,

repelling, or mitigating any pest; and

b. A substance or mixture of substances intended for use as a plant regulator,

defoliant, or desiccant.

20. "Pesticide certification standards" means the requirements under title 40, Code of

Federal Regulations, sections 171.101 through 171.107, as those sections existed on

January 4, 2017.

21. "Pesticide dealer" means a person, other than a pesticide wholesaler, distributing

pesticides.

22. "Plant regulator" means a substance or mixture of substances intended, through

physiological action, to accelerate or retard the rate of growth or rate of maturation, or

to otherwise alter the behavior of plants or the produce thereof, but does not include

substances to the extent that they are intended as plant nutrients, trace elements,

nutritional chemicals, plant inoculants, or soil amendments.

23. "Private applicator" means an individual who is required to be a certified applicator to

buy or use a restricted use pesticide on property owned or rented by the applicator or

the applicator's employer or, if applied without compensation other than trading of

personal services between producers of agricultural commodities, on the property of

another person.

24. "Public applicator" means an applicator who applies pesticides, other than

ready-to-use pesticides, as an employee of:

a. A governmental agency, municipal corporation, or public utility; or

b. A hospital, privately owned golf course, nursery, or greenhouse.

25. "Ready-to-use pesticide" means a pesticide other than a restricted use pesticide which

is applied directly from its original container consistent with label directions, and

includes aerosol spray cans, ready-to-use spray containers, bait packs, and other

types of containers that do not require mixing or loading before application.

26. "Restricted use pesticide" means a pesticide formulation classified as restricted use by

the United States environmental protection agency or the agriculture commissioner

under section 4.1-34-06.

27. "Rinsate" means a diluted mixture of pesticide obtained from triple rinsing or pressure

rinsing pesticide containers or from rinsing the inside and outside of spray equipment.

28. "Tank mix" means a pesticidal formulation used alone or in combination with another

pesticide and mixed with a liquid carrier prior to application.

29. "Unreasonable adverse effects on the environment" means an unreasonable risk to

humans or the environment, taking into account the economic, social, and

environmental costs and benefits of the use of any pesticide.

30. "Weed" means a plant that grows where not wanted.

31. "Wildlife" means living things that are not human, domesticated, or, as defined in this

chapter, pests, including mammals, birds, and aquatic life.
N.D. Cent. Code § 41-02.1-66 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-66
41-02.1-66. (2A-518) Cover - Substitute goods
Status: in_force

41-02.1-66. (2A-518) Cover - Substitute goods

1. After default by a lessor under the lease contract as described in subsection 1 of

section 41-02.1-56 or, if agreed, after other default by the lessor, the lessee may cover

by making any purchase or lease of or contract to purchase or lease goods in

substitution for those due from the lessor.

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

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

41-01-16 and 41-02.1-51), if a lessee's cover is by lease agreement substantially

similar to the original lease agreement and the new lease agreement is made in good

faith and in a commercially reasonable manner, the lessee may recover from the

lessor as damages the present value, as of the date of the commencement of the term

of the new lease agreement, of the rent under the new lease agreement applicable to

that period of the new lease term which is comparable to the then remaining term of

the original lease agreement minus the present value as of the same date of the total

rent for the then remaining lease term of the original lease agreement, and any

incidental or consequential damages, less expenses saved in consequence of the

lessor's default.

3. If a lessee's cover is by lease agreement that for any reason does not qualify for

treatment under subsection 2, or is by purchase or otherwise, the lessee may recover

from the lessor as if the lessee had elected not to cover and section 41-02.1-67

governs.
N.D. Cent. Code § 4.1-59-02 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-02
4.1-59-02. Duties of the commissioner
Status: in_force

4.1-59-02. Duties of the commissioner

The commissioner shall:

1. Exercise general supervision of grain buyers of this state.

2. Investigate all complaints of fraud and injustice, unfair practices, and unfair

discrimination.

3. Examine and inspect, during ordinary business hours, any books, documents, and

records.

4. Make all proper rules for carrying out and enforcing any law in this state regarding

grain buyers.
N.D. Cent. Code § 4.1-45-01 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-01
4.1-45-01. State fair association - North Dakota state fair
Status: in_force

4.1-45-01. State fair association - North Dakota state fair

The North Dakota state fair association shall conduct an annual North Dakota state fair,

including exhibition of the agricultural, stockbreeding, horticultural, mining, mechanical,

industrial, and other products and resources of this state. The North Dakota state fair must be

held at Minot, North Dakota, at a site to be selected by the state fair association. No other fair in

the state may include in its name the words "state fair".
N.D. Cent. Code § 41-02-43 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-43
41-02-43. (2-326) Sale on approval and sale or return - Rights of creditors
Status: in_force

41-02-43. (2-326) Sale on approval and sale or return - Rights of creditors

1. Unless otherwise agreed, if delivered goods may be returned by the buyer even

though they conform to the contract, the transaction is:

a. A "sale on approval" if the goods are delivered primarily for use.

b. A "sale or return" if the goods are delivered primarily for resale.

2. Goods held on approval are not subject to the claims of the buyer's creditors until

acceptance. Goods held on sale or return are subject to such claims while in the

buyer's possession.

3. Any "or return" term of a contract for sale is to be treated as a separate contract for

sale within the statute of frauds section of this chapter (section 41-02-08) and as

contradicting the sale aspect of the contract within the provisions of this chapter on

parol or extrinsic evidence (section 41-02-09).
N.D. Cent. Code § 4.1-13-09 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-09
4.1-13-09. Member at large - Nominating commission - Appointment by governor
Status: in_force

4.1-13-09. Member at large - Nominating commission - Appointment by governor

1. No sooner than sixty days before the term of the commission's member at large is to

expire, the agriculture commissioner, serving as the chairman, shall convene a

nominating committee consisting of the following individuals:

a. The agriculture commissioner;

b. The director of the North Dakota agricultural experiment station;

c. The president of the North Dakota crop improvement association;

d. The president of the North Dakota farm bureau;

e. The president of the North Dakota farmers union;

f. The president of the North Dakota grain dealers association;

g. The president of the North Dakota grain growers association;

h. The director of the North Dakota state university extension service; and

i. A resident of this state who is a member of, and selected by, the United States

durum growers association.

2. The committee shall submit to the governor the names of three individuals who are

qualified to serve as a member at large.

3. Before the member's term is to expire, the governor shall appoint one of the three

individuals to serve as the member at large.

4. Any member of the nominating committee may appoint a designee to carry out the

requirements of this section.
N.D. Cent. Code § 41-04-30 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-30
41-04-30. (4-302) Payor bank's responsibility for late return of item
Status: in_force

41-04-30. (4-302) Payor bank's responsibility for late return of item

1. If an item is presented to and received by a payor bank, the bank is accountable for

the amount of:

a. A demand item, other than a documentary draft, whether properly payable or not

if the bank, in any case in which it is not also the depositary bank, retains the item

beyond midnight of the banking day of receipt without settling for it or, regardless

of whether it is also the depositary bank, does not pay or return the item or send

notice of dishonor until after its midnight deadline.

b. Any other properly payable item, unless within the time allowed for acceptance or

payment of that item the bank either accepts or pays the item or returns it and

accompanying documents.

2. The liability of a payor bank to pay an item under subsection 1 is subject to defenses

based on breach of a presentment warranty (section 41-04-20) or proof that the

person seeking enforcement of the liability presented or transferred the item for the

purpose of defrauding the payor bank.
N.D. Cent. Code § 4.1-26-19 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-19
4.1-26-19. License - Application
Status: in_force

4.1-26-19. License - Application

To obtain a license required by this chapter, a person must complete an application form

and submit it to the milk marketing board.
N.D. Cent. Code § 41-09-40 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-40
41-09-40. (9-320) Buyer of goods
Status: in_force

41-09-40. (9-320) Buyer of goods

1. Except as otherwise provided in subsection 5, a buyer in ordinary course of business,

other than a person buying farm products from a person engaged in farming

operations, takes free of a security interest created by the buyer's seller, even if the

security interest is perfected and the buyer knows of its existence. A crop or livestock

buyer is a buyer in the ordinary course of business as to security interests and

agricultural liens if the buyer qualifies under subsection 9. As used in this section, a

crop or livestock buyer is a person who buys crops or livestock from, or who sells

crops or livestock on a fee or commission for, a person engaged in farming operations.

2. Except as otherwise provided in subsection 5, a buyer of goods from a person who

used or bought the goods for use primarily for personal, family, or household purposes

takes free of a security interest, even if perfected, if the buyer buys:

a. Without knowledge of the security interest;

b. For value;

c. Primarily for the buyer's personal, family, or household purposes; and

d. Before the filing of a financing statement covering the goods.

3. To the extent that it affects the priority of a security interest over a buyer of goods

under subsection 2, the period of effectiveness of a filing made in the jurisdiction in

which the seller is located is governed by subsections 1 and 2 of section 41-09-36.

4. A buyer in ordinary course of business buying oil, gas, or other minerals at the

wellhead or minehead or after extraction takes free of an interest arising out of an

encumbrance.

5. Subsections 1 and 2 do not affect a security interest in goods in the possession of the

secured party under section 41-09-33.

6. If a secured party who has perfected a security interest in crops or livestock, or if a

lienholder who has created a lien by statute or otherwise, which includes agricultural

liens, intends to impose liability for the security interest or lien against a crop or

livestock buyer, the name of the secured party or lienholder must appear on the most

current list distributed by the secretary of state pursuant to section 54-09-10. In order

to appear on the list, secured parties or lienholders must file with the secretary of state

or in the office of the recorder in any county in this state a form prescribed by the

secretary of state which contains the information prescribed by the secretary of state

under section 41-09-92 or contained on a form prescribed by the secretary of state

under section 35-17-04, 35-30-02, or 35-31-02.

7. When a crop or livestock buyer issues a check or draft to a person engaged in farming

operations in payment for crops or livestock in order to take free of security interests or

liens against such crops or livestock, the crop or livestock buyer must issue the check

or draft for payment jointly to the person engaged in farming operations and those

secured parties or lienholders who have a security interest or lien in the crops or

livestock sold and whose names appear on the most current list or lists distributed by

the secretary of state at the time the check or draft is issued. A claim for relief may not

be commenced by a secured party or lienholder against a crop or livestock buyer for a

loss incurred as a result of issuing a check or draft after January 1, 1986, which does

not include the name of a secured party or lienholder under this section more than

eighteen months after the date of the check or draft unless within the eighteen-month

period the secured party or lienholder sends a notice as provided under this section,

but in no event can the action be commenced more than five years after the date of

the check or draft. The notice must:

a. Be sent by certified mail to, or personally served upon, the crop or livestock

buyer;

b. Name the person engaged in farming operations and the date of the check or

draft that gives rise to the claim;

c. State the intention of the secured party or lienholder to make a claim;

d. State the amount the secured party or lienholder is claiming;

e. Give a description of and the amount of crops or livestock upon which the claim is

based; and

f. State that the secured party or lienholder has commenced an action seeking

judgment against the person engaged in farming operations or such person has

filed or has been placed in bankruptcy or receivership proceedings under chapter

32-10.

8. A complaint by a secured party or lienholder may not be filed or served against a crop

or livestock buyer for collection of any loss sustained by the secured party or

lienholder through any transaction filed pursuant to subsection 6 until:

a. A judgment has been obtained and a good-faith effort made to collect that

judgment against the person engaged in farming operations, or that proceedings

against the person engaged in farming operations were stayed by federal

bankruptcy proceedings, or that receivership proceedings have been commenced

under chapter 32-10;

b. Within eighteen months following the date of the check or draft, the notice

required to be sent pursuant to subsection 7 was served upon the crop or

livestock buyer and reciting or incorporating by reference all the information

contained in that notice; and

c. A list is made of any other collateral taken by the secured party or lienholder as

security on the same debt from the person engaged in farming operations,

including a statement of value, status, and plans for application of such collateral

to the indebtedness of the person engaged in farming operations.

9. A crop or livestock buyer takes free of any security interest created by, or any lien

against crops or livestock of, the person engaged in farming operations if:

a. The crop or livestock buyer has complied with the requirements of subsection 7;

b. Evidence of security interests or liens does not appear on the most current list

prepared and distributed by the secretary of state pursuant to sections 54-09-09

and 54-09-10; or

c. The name of the person represented to be the seller of the crops or livestock

does not appear on the most current list prepared and distributed pursuant to

sections 54-09-09 and 54-09-10.
N.D. Cent. Code § 4.1-75-05 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-05
4.1-75-05. Claiming estrays
Status: in_force

4.1-75-05. Claiming estrays

1. If before an estray is sold the chief brand inspector determines its owner, the individual

who took possession of the estray shall return it to its owner, provided the owner

reimburses the individual for all incurred expenses in accordance with the

reimbursement schedule developed by the North Dakota stockmen's association or in

any lesser agreed-to amount.

2. If the individual who took possession of the estray and its owner are unable to reach

an agreement regarding the return of the estray, as provided for in subsection 1, the

individual who took possession of the estray shall:

a. Deliver the estray to a livestock auction market in this state or to an out-of-state

livestock auction market that receives brand inspection services under section

4.1-73-24; and

b. Notify the brand inspector that the estray is to be sold and that reimbursement for

the individual's expenses must be paid from the proceeds of the estray's sale, in

accordance with the reimbursement schedule developed by the North Dakota

stockmen's association.
N.D. Cent. Code § 4.1-02-21 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-21
4.1-02-21. Penalty
Status: in_force

4.1-02-21. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-07-19 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-19
4.1-07-19. Advisory referendum
Status: in_force

4.1-07-19. 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 the 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 § 41-07-37 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-37
41-07-37. (7-508) Warranties of collecting bank as to documents of title
Status: in_force

41-07-37. (7-508) Warranties of collecting bank as to documents of title

A collecting bank or other intermediary known to be entrusted with documents of title on

behalf of another or with collection of a draft or other claim against delivery of documents

warrants by the delivery of the documents only its own good faith and authority even if the

collecting bank or other intermediary has purchased or made advances against the claim or

draft to be collected.
N.D. Cent. Code § 4.1-40.1-04 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-04
4.1-40.1-04. Product registration - Fees
Status: in_force

4.1-40.1-04. Product registration - Fees

1. Each brand of a beneficial substance must be registered in the name of the person

appearing on the label before being offered for sale or distributed in this state.

2. The application for registration must be submitted to the commissioner on a form

furnished by the commissioner and must be accompanied by a:

a. Current product label; and

b. Fee of fifty dollars per product.

3. Each brand registration is effective for a two-year period beginning July first and

ending June thirtieth of each even-numbered year.

4. A request for a registration renewal received after July thirty-first must be assessed a

penalty of one hundred dollars per product.

5. A distributor is not required to register a product listed in subsection 1 if that product is

already registered by another person, provided the label complies with the issued

registration.

6. The commissioner shall forward all fees received under this section to the state

treasurer for deposit in the environment and rangeland protection fund.
N.D. Cent. Code § 41-07-20 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-20
41-07-20. (7-304) Tangible bills of lading in a set
Status: in_force

41-07-20. (7-304) Tangible bills of lading in a set

1. Except as customary in international transportation, a tangible bill of lading may not be

issued in a set of parts. The issuer is liable for damages caused by violation of this

subsection.

2. If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an

identification code and is expressed to be valid only if the goods have not been

delivered against any other part, the whole of the parts constitutes one bill.

3. If a tangible negotiable bill of lading is lawfully issued in a set of parts and different

parts are negotiated to different persons, the title of the holder to which the first due

negotiation is made prevails as to both the document of title and the goods even if any

later holder may have received the goods from the carrier in good faith and discharged

the carrier's obligation by surrendering its part.

4. A person that negotiates or transfers a single part of a tangible bill of lading issued in a

set is liable to holders of that part as if it were the whole set.

5. The bailee shall deliver in accordance with part 4 against the first presented part of a

tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the

bailee's obligation on the whole bill.
N.D. Cent. Code § 41-09-46 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-46
41-09-46. (9-326) Priority of security interests created by new debtor
Status: in_force

41-09-46. (9-326) Priority of security interests created by new debtor

1. Subject to subsection 2, a security interest that is created by a new debtor in collateral

in which the new debtor has or acquired rights and perfected by a filed financing

statement that would be ineffective to perfect the security interest but for the

application of section 41-09-79 or of section 41-09-79 and subdivision a of

subsection 9 of section 41-09-36 is subordinate to a security interest in the same

collateral which is perfected other than by such a filed financing statement.

2. The other provisions of this part determine the priority among conflicting security

interests in the same collateral perfected by filed financing statements described in

subsection 1. However, if the security agreements to which a new debtor became

bound as debtor were not entered into by the same original debtor, the conflicting

security interests rank according to priority in time of the new debtor's having become

bound.
N.D. Cent. Code § 4.1-53-51 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-51
4.1-53-51. Sale of seed - Prohibitions
Status: in_force

4.1-53-51. Sale of seed - Prohibitions

A person may not offer for sale or sell any seed that:

1. Is not labeled in accordance with the requirements of this chapter;

2. Is labeled with information the person knows is false or misleading;

3. Is designated, represented, or advertised as having a variety name other than that by

which the seed was originally known;

4. Contains restricted weed seeds in excess of twenty-five seeds per pound

[453.59 grams];

5. Exceeds the stated tolerances for noxious weed seeds; or

6. Contains weed seeds in excess of one percent by weight.