N.D. Cent. Code § 4.1-53-18 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-18
4.1-53-18. Canola seed - Additional label requirements
Status: in_force

4.1-53-18. Canola seed - Additional label requirements

In addition to any other requirements set forth in this chapter, if the agricultural seed is

canola, the seed must:

1. Have been certified by the seed commissioner as meeting the standards of this state;

or

2. Have been certified by the appropriate agency of another state or country having

canola certification standards that are determined by the seed commissioner to meet

or exceed the standards of this state.
N.D. Cent. Code § 4.1-83-02 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-02
4.1-83-02. Livestock dealer - License required
Status: in_force

4.1-83-02. Livestock dealer - License required

1. Before a person may transact business as a livestock dealer, the person must be

licensed by the agriculture commissioner.

2. This section does not apply to:

a. A packing plant, provided the plant's annual purchases of cattle, goats, hogs,

horses, mules, or sheep do not exceed five hundred thousand dollars; or

b. The purchase of cattle, goats, hogs, horses, mules, or sheep:

(1) By a livestock cooperative from a member of the cooperative; or

(2) By one member of a livestock cooperative from another member.
N.D. Cent. Code § 4.1-08-08 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-08
4.1-08-08. Biennial report - Information regarding honey assessments
Status: in_force

4.1-08-08. Biennial report - Information regarding honey assessments

When compiling the biennial report required by section 54-06-04, the commissioner shall

provide information regarding activities under this chapter, including the amount of assessments

collected and the manner in which the moneys were expended.
N.D. Cent. Code § 4.1-52-06 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-06
4.1-52-06. Seed commission - Members - Compensation
Status: in_force

4.1-52-06. Seed commission - Members - Compensation

Each member of the seed commission, except the agriculture commissioner and the

director of the agricultural experiment station, is entitled to receive compensation at the rate of

one hundred thirty-five dollars per day and reimbursement for expenses, as provided by law for

state officers, if the member is attending a commission meeting or performing duties directed by

the commission.
N.D. Cent. Code § 41-02.1-25 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-25
41-02.1-25. (2A-216) Third-party beneficiaries of express and implied warranties
Status: in_force

41-02.1-25. (2A-216) Third-party beneficiaries of express and implied warranties

A warranty to or for the benefit of a lessee under this chapter, whether express or implied,

extends to any person who may reasonably be expected to use, consume, or be affected by the

goods and who is injured by breach of the warranty. The operation of this section may not be

excluded, modified, or limited with respect to injury to the person of an individual to whom the

warranty extends, but an exclusion, modification, or limitation of the warranty, including any with

respect to rights and remedies, effective against the lessee is also effective against the

beneficiary designated under this section.
N.D. Cent. Code § 4.1-48-01 — ND Code / Title 4.1 / Chapter 4.1-48 / Section 4.1-48-01
4.1-48-01. Definitions
Status: in_force

4.1-48-01. Definitions

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

1. "Buyer" means an individual, group of individuals, organization, or entity that in the

ordinary course of business buys potatoes or byproducts of potatoes grown in this

state or that contracts with a potato producer to grow potatoes in this state.

2. "Good faith" means honesty in fact and the observance of reasonable commercial

standards of fair dealing.

3. "Potatoes" means potatoes or byproducts of potatoes produced for use in or as food,

seed, feed, or other byproducts of the farm for the same or similar use.

4. "Producer" means an individual, group of individuals, organization, or entity that

produces or causes to be produced potatoes by contracting with a buyer or processor

to provide management, labor, machinery, facilities, or any production input for the

production of potatoes.
N.D. Cent. Code § 4.1-09-22 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-22
4.1-09-22. Continuing appropriation
Status: in_force

4.1-09-22. Continuing appropriation

The council shall forward all moneys received under this chapter to the state treasurer for

deposit in the oilseed fund. All moneys in the oilseed fund are appropriated on a continuing

basis to the council to carry out this chapter.
N.D. Cent. Code § 41-01-01 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-01
41-01-01. (1-101) Short titles
Status: in_force

41-01-01. (1-101) Short titles

1. This title may be cited as the Uniform Commercial Code.

2. This chapter may be cited as Uniform Commercial Code - General Provisions.
N.D. Cent. Code § 41-09-08 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-08
41-09-08. (9-108) Sufficiency of description
Status: in_force

41-09-08. (9-108) Sufficiency of description

1. Except as otherwise provided in subsections 3 through 5, a description of personal or

real property is sufficient, regardless of whether the description is specific, if the

description reasonably identifies what is described.

2. Except as otherwise provided in subsection 4, a description of collateral reasonably

identifies the collateral if it identifies the collateral by:

a. Specific listing;

b. Category;

c. Except as otherwise provided in subsection 5, a type of collateral defined in the

Uniform Commercial Code;

d. Quantity;

e. Computational or allocational formula or procedure; or

f. Except as otherwise provided in subsection 3, any other method, if the identity of

the collateral is objectively determinable.

3. A description of collateral as "all the debtor's assets" or "all the debtor's personal

property" or using words of similar import does not reasonably identify the collateral.

4. Except as otherwise provided in subsection 5, a description of a security entitlement,

securities account, or commodity account is sufficient if the description describes:

a. The collateral by those terms or as investment property; or

b. The underlying financial asset or commodity contract.

5. A description only by type of collateral defined in the Uniform Commercial Code is an

insufficient description of:

a. A commercial tort claim; or

b. A security entitlement, a securities account, or a commodity account.
N.D. Cent. Code § 4.1-02-12 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-12
4.1-02-12. Assessment
Status: in_force

4.1-02-12. Assessment

An assessment at the rate of thirty mills per bushel [35.24 liters] is imposed upon all barley

grown in this state, delivered to this state, or sold to a first purchaser in this state. The

assessment does not apply to barley grown by a producer and used by the producer as

livestock feed.
N.D. Cent. Code § 41-11-04 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-04
41-11-04. (A-301) Saving clause
Status: in_force

41-11-04. (A-301) Saving clause

1. Except as provided in sections 41-11-04 through 41-11-09, chapter 41-09 as amended

by this Act and chapter 41-12 apply to a transaction, lien, or other interest in property,

even if the transaction, lien, or interest was entered, created, or acquired before

August 1, 2023.

2. Except as provided in subsection 3 and sections 41-11-05 through 41-11-09:

a. A transaction, lien, or interest in property that was validly entered, created, or

transferred before August 1, 2023, and was not governed by this title, but would

be subject to chapter 41-09 as amended by this Act or chapter 41-12 if it had

been entered, created, or transferred after July 31, 2023, including the rights,

duties, and interests flowing from the transaction, lien, or interest, remains valid

after July 31, 2023; and

b. The transaction, lien, or interest may be terminated, completed, consummated,

and enforced as required or permitted by this Act or by the law that would apply if

this Act had not taken effect.

3. This Act does not affect an action, case, or proceeding commenced before August 1,

2023.
N.D. Cent. Code § 4.1-73-05 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-05
4.1-73-05. Brands - Permissible locations
Status: in_force

4.1-73-05. Brands - Permissible locations

1. In the case of cattle, brands that meet all other statutory requirements for recording

may be placed only on:

a. A designated shoulder;

b. A designated rib; or

c. A designated hip.

2. In the case of horses and mules, brands that meet all other statutory requirements for

recording may be placed only on:

a. A designated shoulder;

b. A designated hip; or

c. A designated jaw.

3. In the case of bison, brands that meet all other statutory requirements for recording

may be placed only on:

a. A designated rib; or

b. A designated hip.

4. In the case of any other livestock, brands that meet all other statutory requirements for

recording may be placed only on those locations designated by the chief brand

inspector. For purposes of this subsection, the designation of locations is not subject to

rulemaking under chapter 28-32.
N.D. Cent. Code § 4.1-43-01 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-01
4.1-43-01. Definitions
Status: in_force

4.1-43-01. Definitions

As used in this chapter:

1. "Livestock medicine" means all devices, remedies, cures, tonics, powders, proprietary

medicines, type A medicated articles, and similar preparations for the treatment or

prevention of any disease of livestock, poultry, or other domestic animals which are

administered internally for their stimulating, invigorating, curative, or other than

nutritive powers, and also all powders, sprays, dips, and other preparations for

external use in the curing of scab or the eradication of ticks, lice, and other mites and

parasites on livestock, poultry, or other domestic animals. The term does not include

medicines that are manufactured, sold, or recommended primarily for human use.

2. "Type A medicated article" means a product with standardized potency containing one

or more new animal drugs intended for use in the manufacture of another medicated

article or a medicated feed.
N.D. Cent. Code § 4.1-07-08 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-08
4.1-07-08. Council members - Compensation
Status: in_force

4.1-07-08. Council members - Compensation

Each member of the council is entitled to receive compensation in the amount established

by the council but not exceeding one hundred thirty-five dollars per day plus reimbursement for

expenses as provided by law for state officers if the member is attending meetings or

performing duties directed by the council.
N.D. Cent. Code § 4.1-58-20 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-20
4.1-58-20. Covenant against liens may be inserted in warehouse receipt
Status: in_force

4.1-58-20. Covenant against liens may be inserted in warehouse receipt

A public warehouseman also may insert in the warehouse receipt the following provision:

If any of the grain embraced in this receipt proves to be covered by a chattel mortgage

or other lien, or the partial or absolute title proves to be in someone other than the

person to whom this receipt was issued, the same, if discovered before the delivery of

the grain, is sufficient reason for the refusal to deliver to the holder of the receipt, or if

discovered after the delivery of the grain, the delivery is deemed an additional delivery

for which the holder of this receipt, to whom the delivery is made, is accountable.
N.D. Cent. Code § 41-03-58 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-58
41-03-58. (3-501) Presentment
Status: in_force

41-03-58. (3-501) Presentment

1. "Presentment" means a demand made by or on behalf of a person entitled to enforce

an instrument to pay the instrument made to the drawee or a party obliged to pay the

instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or

to accept a draft made to the drawee.

2. The following rules are subject to chapter 41-04, agreement of the parties, and

clearinghouse rules and the like:

a. Presentment may be made at the place of payment of the instrument and must

be made at the place of payment if the instrument is payable at a bank in the

United States; may be made by any commercially reasonable means, including

an oral, written, or electronic communication; is effective when the demand for

payment or acceptance is received by the person to whom presentment is made;

is effective if made to any one of two or more makers, acceptors, drawees, or

other payors.

b. Upon demand of the person to whom presentment is made, the person making

presentment must exhibit the instrument; give reasonable identification and, if

presentment is made on behalf of another person, reasonable evidence of

authority to do so; and sign a receipt on the instrument for any payment made or

surrender the instrument if full payment is made.

c. Without dishonoring the instrument, the party to whom presentment is made may

return the instrument for lack of a necessary endorsement or refuse payment or

acceptance for failure of the presentment to comply with the terms of the

instrument, an agreement of the parties, or other law or applicable rule.

d. The party to whom presentment is made may treat presentment as occurring on

the next business day after the day of presentment if the party to whom

presentment is made has established a cutoff hour not earlier than two p.m. for

the receipt and processing of instruments presented for payment or acceptance

and presentment is made after the cutoff hour.
N.D. Cent. Code § 4.1-59-03 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-03
4.1-59-03. Commissioner's authority - Grain buyer - Trust assets
Status: in_force

4.1-59-03. Commissioner's authority - Grain buyer - Trust assets

Upon the commissioner's determination continued operation of a grain buyer is likely to

result in probable loss of assets to receiptholders, the commissioner may immediately suspend,

close, or take control of the assets held in a trust fund described in section 4.1-59-22, or take

any combination of these actions as the commissioner deems necessary to begin an orderly

liquidation of those trust fund assets as provided in this chapter.
N.D. Cent. Code § 41-04.1-27 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-27
41-04.1-27. (4A-402) Obligation of sender to pay receiving bank
Status: in_force

41-04.1-27. (4A-402) Obligation of sender to pay receiving bank

1. This section is subject to sections 41-04.1-13 and 41-04.1-15.

2. With respect to a payment order issued to the beneficiary's bank, acceptance of the

order by the bank obliges the sender to pay the bank the amount of the order, but

payment is not due until the payment date of the order.

3. This subsection is subject to subsection 5 and to section 41-04.1-23. With respect to a

payment order issued to a receiving bank other than the beneficiary's bank,

acceptance of the order by the receiving bank obliges the sender to pay the bank the

amount of the sender's order. Payment by the sender is not due until the execution

date of the sender's order. The obligation of that sender to pay its payment order is

excused if the funds transfer is not completed by acceptance by the beneficiary's bank

of a payment order instructing payment to the beneficiary of that sender's payment

order.

4. If the sender of a payment order pays the order and was not obliged to pay all or part

of the amount paid, the bank receiving payment is obliged to refund payment to the

extent the sender was not obliged to pay. Except as provided in sections 41-04.1-12

and 41-04.1-24, interest is payable on the refundable amount from the date of

payment.

5. If a funds transfer is not completed as stated in subsection 3 and an intermediary bank

is obliged to refund payment as stated in subsection 4 but is unable to do so because

not permitted by applicable law or because the bank suspends payments, a sender in

the funds transfer that executed a payment order in compliance with an instruction, as

stated in subdivision a of subsection 1 of section 41-04.1-22, to route the funds

transfer through that intermediary bank is entitled to receive or retain payment from the

sender of the payment order that it accepted. The first sender in the funds transfer that

issued an instruction requiring routing through that intermediary bank is subrogated to

the right of the bank that paid the intermediary bank to refund as stated in

subsection 4.

6. The right of the sender of a payment order to be excused from the obligation to pay

the order as stated in subsection 3 or to receive refund under subsection 4 may not be

varied by agreement.
N.D. Cent. Code § 41-02-33 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-33
41-02-33. (2-316) Exclusion or modification of warranties
Status: in_force

41-02-33. (2-316) Exclusion or modification of warranties

1. Words or conduct relevant to the creation of an express warranty and words or

conduct tending to negate or limit warranty shall be construed whenever reasonable

as consistent with each other; but subject to the provisions of this chapter on parol or

extrinsic evidence (section 41-02-09), negation or limitation is inoperative to the extent

that such construction is unreasonable.

2. Subject to subsection 3, to exclude or modify the implied warranty of merchantability or

any part of it the language must mention merchantability and in case of a writing must

be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion

must be by a writing and conspicuous. Language to exclude all implied warranties of

fitness is sufficient if it states, for example, that "There are no warranties which extend

beyond the description on the face hereof".

3. Notwithstanding subsection 2:

a. Unless the circumstances indicate otherwise, all implied warranties are excluded

by expressions like "as is", "with all faults", or other language which in common

understanding calls the buyer's attention to the exclusion of warranties and

makes plain that there is no implied warranty.

b. When the buyer before entering into the contract has examined the goods or the

sample or model as fully as the buyer desired or has refused to examine the

goods, there is no implied warranty with regard to defects which an examination

ought in the circumstances to have revealed to the buyer.

c. An implied warranty can also be excluded or modified by course of dealing or

course of performance or usage of trade.

d. The implied warranties of merchantability and fitness shall not be applicable to a

contract for the sale of human blood, blood plasma, or other human tissue or

organs from a blood bank or reservoir of such other tissues or organs. Such

blood, blood plasma, or tissue or organs shall not for the purposes of this chapter

be considered commodities subject to sale or barter, but shall be considered as

medical services.

e. With respect to the sale of cattle, hogs, sheep, and horses, there shall be no

implied warranty that cattle, hogs, sheep, and horses are free from sickness or

disease at the time the sale is consummated, conditioned upon reasonable

showing by the seller that all state and federal regulations pertaining to animal

health were complied with.

4. Remedies for breach of warranty can be limited in accordance with the provisions of

this chapter on liquidation or limitation of damages and on contractual modification of

remedy (sections 41-02-97 and 41-02-98).
N.D. Cent. Code § 4.1-43-02 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-02
4.1-43-02. Registration of livestock medicine
Status: in_force

4.1-43-02. Registration of livestock medicine

The commissioner shall register any livestock medicine that does not violate this chapter,

upon the completion of an application by the manufacturer or distributor of the livestock

medicine and the payment of the registration fee prescribed in section 4.1-53-04. Registration of

livestock medicine is valid for a two-year period beginning July first and ending June thirtieth of

every even-numbered year unless it is canceled by the commissioner because a change is

made in the ingredients or formula of the livestock medicine or in the name, brand, or trademark

under which the medicine is sold. In the event of any change, the medicine must be registered

once again through an original application with the commissioner.

The certificate of registration must include a disclosure of the name and quantity or

proportion of each active ingredient and the names of the inert ingredients or fillers.
N.D. Cent. Code § 4.1-01-04 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-04
4.1-01-04. Exhibits at fairs
Status: in_force

4.1-01-04. Exhibits at fairs

The commissioner shall have charge of the exhibits of products or resources of the state

which are shown at any fair or exposition in the United States. The commissioner shall

cooperate with any railroad company doing business in the state, and with any person

interested in securing an exhibit at any fair or exposition in the United States.
N.D. Cent. Code § 41-02-38 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-38
41-02-38. (2-321) C.I.F or C & F - Net landed weights - Payment on arrival - Warranty of condition on arrival
Status: in_force

41-02-38. (2-321) C.I.F. or C. & F. - Net landed weights - Payment on arrival - Warranty

of condition on arrival.

Under a contract containing a term C.I.F. or C. & F.:

1. If the price is based on or is to be adjusted according to "net landed weights",

"delivered weights", "outturn" quantity or quality, or the like, unless otherwise agreed

the seller must reasonably estimate the price. The payment due on tender of the

documents called for by the contract is the amount so estimated, but after final

adjustment of the price a settlement must be made with commercial promptness.

2. An agreement described in subsection 1 or any warranty of quality or condition of the

goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage,

and the like in transportation but has no effect on the place or time of identification to

the contract for sale or delivery or on the passing of the risk of loss.

3. Unless otherwise agreed, if the contract provides for payment on or after arrival of the

goods, the seller must before payment allow such preliminary inspection as is feasible

but, if the goods are lost, delivery of the documents and payment are due when the

goods should have arrived.
N.D. Cent. Code § 4.1-40.1-11 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-11
4.1-40.1-11. Adulteration of a beneficial substance prohibited
Status: in_force

4.1-40.1-11. Adulteration of a beneficial substance prohibited

A person may not distribute an adulterated beneficial substance. A beneficial substance is

deemed to be adulterated if the beneficial substance:

1. Contains any deleterious or harmful substance in sufficient amount to render it

injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when

applied in accordance with directions for use on the label;

2. Does not provide on the label of the substance adequate warning statements and

directions for use, which may be necessary to protect plant life, animals, humans,

aquatic life, soil, or water;

3. Composition falls below or differs from that which it is purported to possess by its label

or any labeling which describes the composition of the beneficial substance; or

4. Contains unwanted crop or weed seed, or primary noxious or secondary noxious weed

seed.
N.D. Cent. Code § 4.1-16-02 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-02
4.1-16-02. Beekeeper's license - Application - Declaration
Status: in_force

4.1-16-02. Beekeeper's license - Application - Declaration

1. Before a person may act as a beekeeper in this state, the person must be licensed by

the agriculture commissioner.

2. To obtain a beekeeper's license, a person must complete an application and submit it

to the commissioner.

3. The application must include:

a. The applicant's name, address, and telephone number;

b. The maximum number of colonies to be located in or placed in this state; and

c. The name, address, and telephone number of a resident agent who is authorized

to accept service of process.

4. As a condition of licensure, the applicant shall declare that:

a. An apiary will not be placed at a location without first obtaining the consent of the

property owner; and

b. An apiary will be relocated at the request of the agriculture commissioner if:

(1) The commissioner, after examining documentary evidence, has determined

that the health or welfare of an individual is endangered as a result of the

apiary's location;

(2) The individual referenced in paragraph 1 resides on land contiguous to that

on which the apiary has been placed;

(3) The commissioner has identified another acceptable location for placement

of the apiary; and

(4) There are no other contractual or other legal impediments to the relocation.
N.D. Cent. Code § 41-02.1-26 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-26
41-02.1-26. (2A-217) Identification
Status: in_force

41-02.1-26. (2A-217) Identification

Identification of goods as goods to which a lease contract refers may be made at any time

and in any manner explicitly agreed to by the parties. In the absence of explicit agreement,

identification occurs:

1. When the lease contract is made, if the lease contract is for a lease of goods that are

existing and identified.

2. When the goods are shipped, marked, or otherwise designated by the lessor as goods

to which the lease contract refers, if the lease contract is for a lease of goods that are

not existing and identified.

3. When the young are conceived, if the lease contract is for a lease of unborn young of

animals.
N.D. Cent. Code § 4.1-59-31 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-31
4.1-59-31. Cease and desist
Status: in_force

4.1-59-31. Cease and desist

If a person engages in an activity or practice contrary to the provisions of this chapter or

related rules, the commissioner, upon the commissioner's own motion without complaint, with or

without hearing, may order the person to cease and desist from the activity until further order of

the commissioner. An order may include any corrective action up to and including license

suspensions. A cease and desist order must be accompanied by a notice of opportunity to be

heard on the order within fifteen days of the issuance of the order.
N.D. Cent. Code § 4.1-25-34 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-34
4.1-25-34. Quality records to be kept - Term
Status: in_force

4.1-25-34. Quality records to be kept - Term

Adequate records for testing and grading in conformance with this chapter and the rules of

the commissioner must be kept by each business sampling or testing milk for at least twelve

months in a manner approved by the commissioner.
N.D. Cent. Code § 4.1-08-09 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-09
4.1-08-09. Penalty
Status: in_force

4.1-08-09. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-55-06 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-06
4.1-55-06. Records
Status: in_force

4.1-55-06. Records

Any producer that plants more than one acre [.405 hectare] of seed potatoes shall maintain

records indicating the acreage [hectarage], varieties, and source of all seed potatoes planted.

The producer shall retain the records for a period of two years from the completion of planting

and make the records available to the seed commissioner upon request.
N.D. Cent. Code § 4.1-89-02 — ND Code / Title 4.1 / Chapter 4.1-89 / Section 4.1-89-02
4.1-89-02. Purposes - Duties
Status: in_force

4.1-89-02. Purposes - Duties

The commissioner shall:

1. Serve on behalf of the department as the official state agency to cooperate with the

veterinary services program of the animal plant health inspection services division of

the United States department of agriculture, to further the objectives of the state and to

supervise the state's participation in the United States swine health improvement plan.

2. Promote the welfare and improvement of the swine industry and the marketing of

swine and swine products within the state.

3. Adopt rules under chapter 28-32 as necessary to effectuate the purposes of this

chapter.
N.D. Cent. Code § 4.1-44-01 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-01
4.1-44-01. Sale of chemically treated grain - Misdemeanor
Status: in_force

4.1-44-01. Sale of chemically treated grain - Misdemeanor

A person may not sell grain for the purpose of human or animal consumption which has

been chemically treated for insect or fungus control, without informing the purchaser of the

treatment. Any person selling chemically treated grain without informing the purchaser of the

treatment is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-25-42 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-42
4.1-25-42. Reports - Blanks - When made - Contents
Status: in_force

4.1-25-42. Reports - Blanks - When made - Contents

The commissioner shall furnish blanks to all licensed creameries, cheese factories,

condenseries, drying plants, ice cream plants, ice milk plants, milk plants, and

producer-distributors for the purpose of making a report of the amount of milk and milk products

handled. Each proprietor or manager of those businesses shall report to the commissioner on

the last days of June and of December of each year, or immediately upon cessation of

operation, the pounds [kilograms] of butterfat in cream, the pounds [kilograms] of manufacturing

grade milk, and the pounds [kilograms] of bottling milk purchased during the period covered by

the report, the aggregate amount paid for each, the number of pounds [kilograms] of butter and

cheese, and the number of gallons [liters] of ice cream and ice milk manufactured during such

period.
N.D. Cent. Code § 4.1-01-20.1 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-20.1
4.1-01-20.1. Bioscience innovation grant program - Continuing appropriation
Status: in_force

4.1-01-20.1. Bioscience innovation grant program - Continuing appropriation

1. The commissioner shall collaborate with a local association having bioscience

experience to develop and administer a bioscience innovation grant program through

the bioscience innovation grant fund. The commissioner shall collaborate with the

department of commerce when awarding bioscience innovation grants to coordinate

the management of the commissioner's bioscience innovation grant program and the

department of commerce's biotechnology grant program.

2. The commissioner shall collaborate with the committee established under subsection 5

to adopt rules and criteria necessary to administer the bioscience innovation grant

program. The rules must include criteria for program eligibility, including requiring a

bioscience business that receives funding through the program match up to

fifty percent of the amount of the grant received.

3. The bioscience innovation grant fund is a special fund created in the state treasury.

Moneys in the fund are appropriated on a continuing basis to the commissioner to

award grants to:

a. Support biotechnology innovation and commercialization in areas including crop

genetics, biofuels, biomaterials, biosensors, and biotechnology in relation to food,

nutrition, animals, humans, equipment, medical and health products and services,

medical diagnostics, medical therapeutics, and farm-based pharmaceuticals;

b. Promote the creation of bioscience jobs in the state to be filled by graduates from

institutions under the control of the state board of higher education;

c. Encourage the development of new bioscience technologies and bioscience

startup companies in the state;

d. Leverage the agriculture industry in the state to support the development of

bioscience technologies impacting livestock operations and crop production;

e. Promote bioscience research and development at institutions under the control of

the state board of higher education; and

f. Encourage coordination and collaboration among other entities and programs in

the state to promote bioscience innovation goals.

4. A bioscience business operating in the state is eligible to receive a grant under the

program if the business:

a. Employs at least two employees;

b. Has documented annual sales of less than two million five hundred thousand

dollars; and

c. Is a corporation, partnership, limited liability company, limited partnership, or

limited liability partnership registered in the state.

5. The bioscience innovation program shall award grant funding through a committee

consisting of:

a. One representative from the department of agriculture appointed by the

agriculture commissioner;

b. One representative from the bioscience association of North Dakota appointed by

the board of the bioscience association of North Dakota; and

c. One representative from the department of commerce appointed by the

commissioner of the department of commerce.

6. Grant funds awarded under this section may not be used for capital improvements,

academic programming or curriculum, or workforce training.
N.D. Cent. Code § 4.1-12-10 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-10
4.1-12-10. Powers of the commissioner
Status: in_force

4.1-12-10. Powers of the commissioner

The commissioner may:

1. Expend moneys raised under this chapter for the purposes set forth in section

4.1-12-09, provided the commissioner first consults with a committee appointed by the

North Dakota turkey federation;

2. Require a processor to prepare and submit additional information and documents if

necessary for the enforcement and administration of this chapter; and

3. Do all other things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 4.1-33-23 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-23
4.1-33-23. Information and instruction
Status: in_force

4.1-33-23. Information and instruction

In cooperation with private, local, state, or federal agencies, the board may publish

information and conduct short courses of instruction in the areas of knowledge required by this

chapter.
N.D. Cent. Code § 4.1-47-04 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-04
4.1-47-04. Noxious weed control - Agriculture commissioner - Duties
Status: in_force

4.1-47-04. Noxious weed control - Agriculture commissioner - Duties

The commissioner shall:

1. Maintain a state noxious weed list;

2. Direct the removal of a noxious weed from a county or city noxious weed list if the

commissioner, after consultation with the respective weed board and the North Dakota

state university extension service, determines there is insufficient justification for the

continued inclusion of that particular noxious weed;

3. Except as otherwise provided, forward all complaints to the proper weed control

authority; and

4. Call an annual meeting of all weed control officers to review noxious weed control

efforts in this state.
N.D. Cent. Code § 4.1-53-44 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-44
4.1-53-44. Certified seed - Specific label requirements
Status: in_force

4.1-53-44. Certified seed - Specific label requirements

The seed commissioner shall prescribe the labels, seals, certificates, and statements that

must be used for, or in relation to, any seed, or the various kinds and qualities grown, handled,

stored, offered for sale, or sold in this state as "breeders", "foundation", "registered", or

"certified" seed, and shall specify the words and information required to be on the labels, seals,

certificates, and seed containers.
N.D. Cent. Code § 4.1-33-02 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-02
4.1-33-02. Pesticide control board - Enforcement by agriculture commissioner
Status: in_force

4.1-33-02. Pesticide control board - Enforcement by agriculture commissioner

1. The pesticide control board consists of the agriculture commissioner, the director of

the cooperative extension division of the North Dakota state university of agriculture

and applied science, and the director of the agricultural experiment station at North

Dakota state university of agriculture and applied science. The agriculture

commissioner is chairman of the board. The board shall meet at the call of the

chairman.

2. The agriculture commissioner is responsible for the enforcement of this chapter. Any

authority of the commissioner under this chapter may be executed by such employees

or agents designated by the commissioner.

3. The members of the board must be compensated for their expenses in performing

their duties under this chapter at the same rate as other state officials and the board's

expenses must be paid from funds provided to the agriculture commissioner for the

administration of this chapter. The board may act through the office of the agriculture

commissioner and the commissioner's staff shall provide staff services for the board as

directed by the commissioner.
N.D. Cent. Code § 4.1-27-13 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-13
4.1-27-13. Notice - Nonsufficient funds checks
Status: in_force

4.1-27-13. Notice - Nonsufficient funds checks

A livestock auction market that receives a check for the sale of livestock which is returned

unpaid with a notation that the payment has been refused because of nonsufficient funds shall

notify the commissioner within two business days after receipt of the returned check.
N.D. Cent. Code § 4.1-01-13 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-13
4.1-01-13. Publicly owned land - Noxious weed control or eradication
Status: in_force

4.1-01-13. Publicly owned land - Noxious weed control or eradication

1. The commissioner shall arrange a noxious weed control or eradication program with

all state and federal agencies owning, controlling, or having jurisdiction over land

within the state.

2. Each weed control officer shall arrange a noxious weed control or eradication program

with political subdivisions owning or controlling public land within the weed control

officer's jurisdiction.

3. If a federal agency does not control or eradicate noxious weeds on land under its

jurisdiction and does not develop a management plan for controlling or eradicating the

noxious weeds, the appropriate weed control office shall notify the agency of the

failure to control or eradicate the noxious weeds. The federal agency shall provide a

report to the weed control authorities detailing the methods used by the federal agency

and showing cause why the federal agency is not controlling or eradicating the noxious

weeds. The commissioner may specify the forms on which the federal agency report

must be submitted.

4. Upon being notified by a weed board of the federal agency's failure to control or

eradicate noxious weeds, the commissioner may hold a public hearing to determine

the reason for the failure.
N.D. Cent. Code § 41-03-46 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-46
41-03-46. (3-409) Acceptance of draft - Certified check
Status: in_force

41-03-46. (3-409) Acceptance of draft - Certified check

1. "Acceptance" means the drawee's signed agreement to pay a draft as presented. It

must be written on the draft and may consist of the drawee's signature alone.

Acceptance may be made at any time and becomes effective when notification

pursuant to instructions is given or the accepted draft is delivered for the purpose of

giving rights on the acceptance to any person.

2. A draft may be accepted although it has not been signed by the drawer, is otherwise

incomplete, is overdue, or has been dishonored.

3. If a draft is payable at a fixed period after sight and the acceptor fails to date the

acceptance, the holder may complete the acceptance by supplying a date in good

faith.

4. "Certified check" means a check accepted by the bank on which it is drawn.

Acceptance may be made as stated in subsection 1 or by a writing on the check which

indicates that the check is certified. The drawee of a check has no obligation to certify

the check, and refusal to certify is not dishonor of the check.
N.D. Cent. Code § 4.1-45-09 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-09
4.1-45-09. Officers - Removal - Vacancies
Status: in_force

4.1-45-09. Officers - Removal - Vacancies

The officers of the association must be a president, vice president, secretary, treasurer, and

such other officers as may be created by the board of directors. An officer of the association

shall perform the duties of the office as prescribed by law, the bylaws, or the board of directors.

Any two or more offices may be held by the same individual except the offices of president and

secretary. The president, vice president, secretary, and treasurer must be elected annually by

the board of directors. Any office created by the board may be filled by appointment at any

meeting of the board. Each elected officer holds office until that officer's successor has been

duly elected and qualified. Any officer elected or appointed may be removed by the board. The

removal of any officer is without prejudice to any contractual rights of the officer. Election or

appointment of an officer or agent does not create contractual rights. A vacancy in any office

may be filled by the board of directors for the unexpired portion of the term.
N.D. Cent. Code § 41-09-124 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-124
41-09-124. (9-702) Savings clause
Status: in_force

41-09-124. (9-702) Savings clause

1. Except as otherwise provided in this part, this chapter applies to a transaction or lien

within its scope, even if the transaction or lien was entered into or created before

July 1, 2001.

2. Except as otherwise provided in subsection 3 and sections 41-09-125 through

41-09-131:

a. Transactions and liens that were not governed by the former chapter 41-09 were

validly entered into or created before July 1, 2001, and would be subject to this

chapter if they had been entered into or created on or after July 1, 2001, and the

rights, duties, and interests flowing from those transactions and liens remain valid

after July 1, 2001; and

b. The transactions and liens may be terminated, completed, consummated, and

enforced as required or permitted by this chapter or by the law that otherwise

would apply if this chapter had not taken effect.

3. This chapter does not affect an action, case, or proceeding commenced before July 1,

2001.
N.D. Cent. Code § 41-02-10 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-10
41-02-10. (2-203) Seals inoperative
Status: in_force

41-02-10. (2-203) Seals inoperative

The affixing of a seal to a record evidencing a contract for sale or an offer to buy or sell

goods does not constitute the record a sealed instrument and the law with respect to sealed

instruments does not apply to such a contract or offer.
N.D. Cent. Code § 41-02-08 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-08
41-02-08. (2-201) Formal requirements - Statute of frauds
Status: in_force

41-02-08. (2-201) Formal requirements - Statute of frauds

1. Except as otherwise provided in this section, a contract for the sale of goods for the

price of five hundred dollars or more is not enforceable by way of action or defense

unless there is a record sufficient to indicate that a contract for sale has been made

between the parties and signed by the party against whom enforcement is sought or

by the party's authorized agent or broker. A record is not insufficient because it omits

or incorrectly states a term agreed upon but the contract is not enforceable under this

subsection beyond the quantity of goods shown in the record.

2. Between merchants if within a reasonable time a record in confirmation of the contract

and sufficient against the sender is received and the party receiving it has reason to

know its contents, it satisfies the requirements of subsection 1 against the party unless

notice in a record of objection to its contents is given within ten days after it is

received.

3. A contract that does not satisfy the requirements of subsection 1 but which is valid in

other respects is enforceable:

a. If the goods are to be specially manufactured for the buyer and are not suitable

for sale to others in the ordinary course of the seller's business and the seller,

before notice of repudiation is received and under circumstances which

reasonably indicate that the goods are for the buyer, has made either a

substantial beginning of their manufacture or commitments for their procurement;

b. If the party against whom enforcement is sought admits in that party's pleading,

testimony, or otherwise in court that a contract for sale was made, but the

contract is not enforceable under this provision beyond the quantity of goods

admitted; or

c. With respect to goods for which payment has been made and accepted or which

have been received and accepted (section 41-02-69).
N.D. Cent. Code § 4.1-58-17 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-17
4.1-58-17. Warehouse receipts - Copy
Status: in_force

4.1-58-17. Warehouse receipts - Copy

1. A warehouseman shall provide a stub record or copy of each warehouse receipt

issued by the warehouseman, showing:

a. The serial number and date of receipt.

b. The kind and grade of grain.

c. The dockage and net weight of the grain.

2. The warehouseman shall retain possession of the record or copy for inspection by the

commissioner and others properly interested.
N.D. Cent. Code § 41-04-38 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-38
41-04-38. (4-407) Payor bank's right to subrogation on improper payment
Status: in_force

41-04-38. (4-407) Payor bank's right to subrogation on improper payment

If a payor bank has paid an item over the stop payment order of the drawer or maker, or

after an account has been closed, or otherwise under circumstances giving a basis for objection

by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to

prevent loss to the bank by reason of its payment of the item, the payor bank shall be

subrogated to the rights of:

1. Any holder in due course on the item against the drawer or maker.

2. The payee or any other holder of the item against the drawer or maker either on the

item or under the transaction out of which the item arose.

3. The drawer or maker against the payee or any other holder of the item with respect to

the transaction out of which the item arose.
N.D. Cent. Code § 41-05-10 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-10
41-05-10. (5-110) Warranties
Status: in_force

41-05-10. (5-110) Warranties

1. If its presentation is honored, the beneficiary warrants:

a. To the issuer, any other person to whom presentation is made, and the applicant

that there is no fraud or forgery of the kind described in subsection 1 of section

41-05-09; and

b. To the applicant that the drawing does not violate any agreement between the

applicant and beneficiary or any other agreement intended by them to be

augmented by the letter of credit.

2. The warranties in subsection 1 are in addition to warranties arising under chapters

41-03, 41-04, 41-07, and 41-08 because of the presentation or transfer of documents

covered by any of those chapters.
N.D. Cent. Code § 41-02.1-73 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-73
41-02.1-73. (2A-525) Lessor's right to possession of goods
Status: in_force

41-02.1-73. (2A-525) Lessor's right to possession of goods

1. If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the

goods.

2. The lessor has on a default by the lessee under the lease contract described in

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

41-02.1-71 the right to take possession of the goods. If the lease contract so provides,

the lessor may require the lessee to assemble the goods and make them available to

the lessor at a place to be designated by the lessor which is reasonably convenient to

both parties. Without removal, the lessor may render unusable any goods employed in

trade or business and may dispose of goods on the lessee's premises (section

41-02.1-75).

3. The lessor may proceed under subsection 2 without judicial process if that can be

done without breach of the peace or the lessor may proceed by action.
N.D. Cent. Code § 41-09-53 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-53
41-09-53. (9-333) Priority of certain liens arising by operation of law
Status: in_force

41-09-53. (9-333) Priority of certain liens arising by operation of law

1. In this section, "possessory lien" means an interest, other than a security interest or an

agricultural lien:

a. Which secures payment or performance of an obligation for services or materials

furnished with respect to goods by a person in the ordinary course of the person's

business;

b. Which is created by statute or rule of law in favor of the person; and

c. Whose effectiveness depends on the person's possession of the goods.

2. A possessory lien on goods has priority over a security interest in the goods unless the

lien is created by a statute that expressly provides otherwise.
N.D. Cent. Code § 4.1-25-11 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-11
4.1-25-11. Out-of-state dealers, processors, or producers not exempt
Status: in_force

4.1-25-11. Out-of-state dealers, processors, or producers not exempt

Sections 4.1-25-04 through 4.1-25-13 apply to all milk purchasers licensed under section

4.1-25-02 doing business in this state. The protection to producers afforded by sections

4.1-25-04 through 4.1-25-13 is available to the producers of any state selling milk to any

licensee licensed under section 4.1-25-02, but the surety bond or other security required by

sections 4.1-25-06 and 4.1-25-08 is payable only for the benefit of producers who are located

within this state.
N.D. Cent. Code § 41-02-36 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-36
41-02-36. (2-319) F.O.B and F.A.S terms
Status: in_force

41-02-36. (2-319) F.O.B. and F.A.S. terms

1. Unless otherwise agreed, the term F.O.B. (which means "free on board") at a named

place, even though used only in connection with the stated price, is a delivery term

under which:

a. When the term is F.O.B. the place of shipment, the seller must at that place ship

the goods in the manner provided in this chapter (section 41-02-52) and bear the

expense and risk of putting them into the possession of the carrier.

b. When the term is F.O.B. the place of destination, the seller must at the seller's

own expense and risk transport the goods to that place and there tender delivery

of them in the manner provided in this chapter (section 41-02-51).

c. When under either subdivision a or b the term is also F.O.B. vessel, car, or other

vehicle, the seller must in addition at the seller's own expense and risk load the

goods on board. If the term is F.O.B. vessel, the buyer must name the vessel and

in an appropriate case the seller must comply with the provisions of this chapter

on the form of bill of lading (section 41-02-40).

2. Unless otherwise agreed, the term F.A.S. vessel (which means "free alongside") at a

named port, even though used only in connection with the stated price, is a delivery

term under which the seller must:

a. At the seller's own expense and risk deliver the goods alongside the vessel in the

manner usual in that port or on a dock designated and provided by the buyer; and

b. Obtain and tender a receipt for the goods in exchange for which the carrier is

under a duty to issue a bill of lading.

3. Unless otherwise agreed in any case falling within subdivision a or c of subsection 1 or

subsection 2, the buyer must seasonably give any needed instructions for making

delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and

in an appropriate case its name and sailing date. The seller may treat the failure of

needed instructions as a failure of cooperation under this chapter (section 41-02-28).

The seller may also at the seller's option move the goods in any reasonable manner

preparatory to delivery or shipment.

4. Under the term F.O.B. vessel or F.A.S. 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 § 4.1-18.1-04.2 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-04.2
4.1-18.1-04.2. Hemp testing - Fee - Exemption
Status: in_force

4.1-18.1-04.2. Hemp testing - Fee - Exemption

1. The commissioner may charge a fee of up to one hundred twenty-five dollars to

inspect, sample, and test hemp under this chapter.

2. The commissioner shall deposit fees collected under this section in the commissioner's

operating fund.

3. The provisions of chapter 54-44.4 do not apply to hemp testing under this section.
N.D. Cent. Code § 4.1-47-26 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-26
4.1-47-26. Publicly owned land - Noxious weed control
Status: in_force

4.1-47-26. Publicly owned land - Noxious weed control

Each state agency shall provide for the control of noxious weeds on land within its

jurisdiction. If a state agency fails to control noxious weeds on land under its jurisdiction, the

county weed board, upon approval of the commissioner, may enter upon the land to control the

noxious weeds. The state agency shall reimburse the county weed board for expenses incurred

in controlling the noxious weeds, within thirty days after the agency receives the bill.
N.D. Cent. Code § 41-04.1-09 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-09
41-04.1-09. (4A-201) Security procedure
Status: in_force

41-04.1-09. (4A-201) Security procedure

"Security procedure" means a procedure established by agreement of a customer and a

receiving bank for the purpose of verifying that a payment order or communication amending or

canceling a payment order is that of the customer or detecting error in the transmission or the

content of the payment order or communication. A security procedure may impose an obligation

on the receiving bank or the customer and may require the use of algorithms or other codes,

identifying words, numbers, symbols, sounds, biometrics, encryption, callback procedures, or

similar security devices. Comparison of a signature on a payment order or communication with

an authorized specimen signature of the customer or requiring a payment order to be sent from

a known electronic mail address, internet protocol address, or telephone number is not by itself

a security procedure.
N.D. Cent. Code § 41-02-07 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-07
41-02-07. (2-107) Goods to be severed from realty - Recording
Status: in_force

41-02-07. (2-107) Goods to be severed from realty - Recording

1. A contract for the sale of minerals or the like (including oil and gas) or a structure or its

materials to be removed from realty is a contract for the sale of goods within this

chapter if they are to be severed by the seller but until severance a purported present

sale thereof which is not effective as a transfer of an interest in land is effective only as

a contract to sell.

2. A contract for the sale apart from the land of growing crops or other things attached to

realty and capable of severance without material harm thereto but not described in

subsection 1 or of timber to be cut is a contract for the sale of goods within this chapter

whether the subject matter is to be severed by the buyer or by the seller even though it

forms part of the realty at the time of contracting, and the parties can by identification

effect a present sale before severance.

3. The provisions of this section are subject to any third-party rights provided by the law

relating to realty records, and the contract for sale may be executed and recorded as a

document transferring an interest in land and shall then constitute notice to third

parties of the buyer's rights under the contract for sale.
N.D. Cent. Code § 41-04-29 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-29
41-04-29. (4-301) Deferred posting - Recovery of payment by return of items - Time of dishonor - Return of items by payor bank
Status: in_force

41-04-29. (4-301) Deferred posting - Recovery of payment by return of items - Time of

dishonor - Return of items by payor bank.

1. If a payor bank settles for a demand item other than a documentary draft presented

otherwise than for immediate payment over the counter before midnight of the banking

day of receipt, the payor bank may revoke the settlement and recover any settlement if

before it has made final payment and before its midnight deadline it:

a. Returns the item.

b. Sends written notice of dishonor or nonpayment if the item is unavailable for

return.

2. If a demand item is received by a payor bank for credit on its books, it may return that

item or send notice of dishonor and may revoke any credit given or recover the

amount thereof withdrawn by its customer, if it acts within the time limit and in the

manner specified in subsection 1.

3. Unless previous notice of dishonor has been sent, an item is dishonored at the time

when for purposes of dishonor it is returned or notice sent under this section.

4. An item is returned:

a. As to an item presented through a clearinghouse, when it is delivered to the

presenting or last collecting bank or to the clearinghouse or is sent or delivered

under clearinghouse rules.

b. In all other cases, when it is sent or delivered to the bank's customer or transferor

or under instructions.
N.D. Cent. Code § 4.1-57-11 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-11
4.1-57-11. Discontinuation of business - Duty of dealer
Status: in_force

4.1-57-11. Discontinuation of business - Duty of dealer

If a wholesale potato dealer sells, disposes of, or discontinues the business for which the

dealer obtained a license during the period covered by the license, the dealer shall notify the

seed commissioner in writing and, at the request of the seed commissioner, produce a

statement of assets and liabilities as of the date the business was sold, disposed of, or

discontinued.
N.D. Cent. Code § 4.1-58-56 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-56
4.1-58-56. Violations of chapter - Criminal penalty - Civil penalty
Status: in_force

4.1-58-56. Violations of chapter - Criminal penalty - Civil penalty

1. A person violating a provision of this chapter or a rule adopted pursuant to this chapter,

if punishment is not specifically provided for, is:

a. Guilty of an infraction; and

b. Subject to a civil penalty in an amount not to exceed five thousand dollars for

each violation.

2. The civil penalty may be adjudicated by the agriculture commissioner through an

administrative hearing or by a court in an appeal of an administrative hearing.
N.D. Cent. Code § 4.1-16-09 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-09
4.1-16-09. Identification of apiary
Status: in_force

4.1-16-09. Identification of apiary

1. A beekeeper shall identify each apiary for which the beekeeper is responsible by:

a. Affixing a three-digit identification number, assigned by the agriculture

commissioner, that is prominently displayed and visible upon approach to the

apiary's main entrance, provided each digit is at least three inches [7.62

centimeters] high, one-half inch [1.27 centimeters] wide, and weather-resistant;

and

b. Displaying the beekeeper's name and phone number in a location that is

prominently displayed and visible upon approach to the apiary's main entrance,

provided the numbers and letters used are at least one and one-half inches [3.81

centimeters] high and weather-resistant.

2. Any apiary that is not identified, as required by this section, may be subject to seizure

by the commissioner.
N.D. Cent. Code § 4.1-13-18 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-18
4.1-13-18. Refund of assessment - Form - Exception
Status: in_force

4.1-13-18. Refund of assessment - Form - Exception

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

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

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

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

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

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

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

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

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

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

meets or exceeds five dollars.

3. Notwithstanding subsection 1, a member of the wheat commission is not eligible to

receive a refund under this section.
N.D. Cent. Code § 41-04-35 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-35
41-04-35. (4-404) Bank not obliged to pay check more than six months old
Status: in_force

41-04-35. (4-404) Bank not obliged to pay check more than six months old

A bank is under no obligation to a customer having a checking account to pay a check,

other than a certified check, which is presented more than six months after its date, but it may

charge its customer's account for a payment made thereafter in good faith.
N.D. Cent. Code § 41-09-13 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-13
41-09-13. (9-203) Attachment and enforceability of security interest - Proceeds - Supporting obligations - Formal requisites
Status: in_force

41-09-13. (9-203) Attachment and enforceability of security interest - Proceeds -

Supporting obligations - Formal requisites.

1. A security interest attaches to collateral when the security interest becomes

enforceable against the debtor with respect to the collateral, unless an agreement

expressly postpones the time of attachment.

2. Except as otherwise provided in subsections 3 through 9, a security interest is

enforceable against the debtor and third parties with respect to the collateral only if:

a. Value has been given;

b. The debtor has rights in the collateral or the power to transfer rights in the

collateral to a secured party; and

c. One of the following conditions is met:

(1) The debtor has signed a security agreement that provides a description of

the collateral and, if the security interest covers timber to be cut, a

description of the land concerned;

(2) The collateral is not a certificated security and is in the possession of the

secured party under section 41-09-33 pursuant to the debtor's security

agreement;

(3) The collateral is a certificated security in registered form and the security

certificate has been delivered to the secured party under section 41-08-27

pursuant to the debtor's security agreement;

(4) The collateral is controllable accounts, controllable electronic records,

controllable payment intangibles, deposit accounts, electronic documents,

electronic money, investment property, letter-of-credit rights, or

uncertificated certificates of deposit, and the secured party has control

under section 41-07-06, 41-09-04, 41-09-05, 41-09-05.1, 41-09-06,

41-09-07, or 41-09-07.1 pursuant to the debtor's security agreement; or

(5) The collateral is chattel paper and the secured party has possession and

control under section 41-09-34.1 pursuant to the debtor's security

agreement.

3. Subsection 2 is subject to section 41-04-22 on the security interest of a collecting

bank, section 41-05-18 on the security interest of a letter-of-credit issuer or nominated

person, section 41-09-10 on a security interest arising under chapter 41-02 or 41-02.1,

and section 41-09-16 on security interests in investment property.

4. A person becomes bound as debtor by a security agreement entered into by another

person if, by operation of law other than this chapter or by contract:

a. The security agreement becomes effective to create a security interest in the

person's property; or

b. The person becomes generally obligated for the obligations of the other person,

including the obligation secured under the security agreement, and acquires or

succeeds to all or substantially all of the assets of the other person.

5. If a new debtor becomes bound as debtor by a security agreement entered into by

another person:

a. The agreement satisfies subdivision c of subsection 2 with respect to existing or

after-acquired property of the new debtor to the extent the property is described

in the agreement; and

b. Another agreement is not necessary to make a security interest in the property

enforceable.

6. The attachment of a security interest in collateral gives the secured party the rights to

proceeds provided by section 41-09-35 and is also attachment of a security interest in

a supporting obligation for the collateral.

7. Except as provided in section 47-19-41, the attachment of a security interest in a right

to payment or performance secured by a security interest or other lien on personal or

real property is also attachment of a security interest in the security interest, mortgage,

or other lien.

8. The attachment of a security interest in a securities account is also attachment of a

security interest in the security entitlements carried in the securities account.

9. The attachment of a security interest in a commodity account is also attachment of a

security interest in the commodity contracts carried in the commodity account.
N.D. Cent. Code § 41-08-28 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-28
41-08-28. (8-302) Rights of purchaser
Status: in_force

41-08-28. (8-302) Rights of purchaser

1. Except as otherwise provided in subsections 2 and 3, a purchaser of a certificated or

uncertificated security acquires all rights in the security that the transferor had or had

power to transfer.

2. A purchaser of a limited interest acquires rights only to the extent of the interest

purchased.

3. A purchaser of a certificated security who as a previous holder had notice of an

adverse claim does not improve its position by taking from a protected purchaser.
N.D. Cent. Code § 41-02-85 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-85
41-02-85. (2-706) Seller's resale including contract for resale
Status: in_force

41-02-85. (2-706) Seller's resale including contract for resale

1. Under the conditions stated in section 41-02-82 on seller's remedies, the seller may

resell the goods concerned or the undelivered balance thereof. If the resale is made in

good faith and in a commercially reasonable manner, the seller may recover the

difference between the resale price and the contract price together with any incidental

damages allowed under the provisions of this chapter (section 41-02-89), but less

expenses saved in consequence of the buyer's breach.

2. Except as otherwise provided in subsection 3 or unless otherwise agreed, resale may

be at public or private sale including sale by way of one or more contracts to sell or of

identification to an existing contract of the seller. Sale may be as a unit or in parcels

and at any time and place and on any terms but every aspect of the sale including the

method, manner, time, place, and terms must be commercially reasonable. The resale

must be reasonably identified as referring to the broken contract, but it is not

necessary that the goods be in existence or that any or all of them have been

identified to the contract before the breach.

3. If the resale is at private sale, the seller must give the buyer reasonable notification of

the seller's intention to resell.

4. If the resale is at public sale:

a. Only identified goods may be sold except when there is a recognized market for a

public sale of futures in goods of the kind;

b. It must be made at a usual place or market for public sale if one is reasonably

available and, except in the case of goods which are perishable or threaten to

decline in value speedily, the seller must give the buyer reasonable notice of the

time and place of the resale;

c. If the goods are not to be within the view of those attending the sale, the

notification of sale must state the place where the goods are located and provide

for their reasonable inspection by prospective bidders; and

d. The seller may buy.

5. A purchaser who buys in good faith at a resale takes the goods free of any rights of the

original buyer even though the seller fails to comply with one or more of the

requirements of this section.

6. The seller is not accountable to the buyer for any profit made on any resale. A person

in the position of a seller (section 41-02-86) or a buyer who has rightfully rejected or

justifiably revoked acceptance must account for any excess over the amount of the

person's security interest, as hereinafter defined (subsection 3 of section 41-02-90).
N.D. Cent. Code § 4.1-44-02 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-02
4.1-44-02. North Dakota winter show - Official site of the North Dakota agricultural hall of fame
Status: in_force

4.1-44-02. North Dakota winter show - Official site of the North Dakota agricultural hall

of fame.

The North Dakota winter show, an annual exhibition, shall be held in Valley City. No other

event may be designated as, nor call itself, the North Dakota winter show, or any similar name

designed to confuse the public with the exhibition sponsored every year in Valley City by the

North Dakota winter show. The North Dakota winter show is a nonprofit corporation organized

under the laws of this state. The North Dakota winter show is the official site of the North Dakota

agricultural hall of fame.
N.D. Cent. Code § 4.1-59-32 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-32
4.1-59-32. Agricultural contracts - Mediation and arbitration
Status: in_force

4.1-59-32. Agricultural contracts - Mediation and arbitration

If a written contract for the sale of grain does not contain provisions to settle disagreements

concerning factors not governed by section 4.1-59-04, the parties shall attempt to resolve the

disagreements through mediation or arbitration.
N.D. Cent. Code § 41-03-63 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-63
41-03-63. (3-601) Discharge and effect of discharge
Status: in_force

41-03-63. (3-601) Discharge and effect of discharge

1. The obligation of a party to pay the instrument is discharged as stated in this chapter

or by an act or agreement with the party which would discharge an obligation to pay

money under a simple contract.

2. Discharge of the obligation of a party is not effective against a person acquiring rights

of a holder in due course of the instrument without notice of the discharge.
N.D. Cent. Code § 4.1-40-06 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-06
4.1-40-06. Label requirement
Status: in_force

4.1-40-06. Label requirement

Any fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant

amendment distributed in this state must be labeled.

1. If the product is in a container, the label must be plainly printed in English and

conspicuously placed on or attached to the container. The label must include:

a. The net weight of the product;

b. The brand;

c. The grade, unless no primary nutrients are claimed;

d. The guaranteed analysis;

e. The name and address of the registrant; and

f. For soil or plant amendments, the purpose for which the product is used.

2. If the product is distributed in bulk, a document providing the same information

required in subsection 1 must accompany the delivery and be provided to the end user

at the time of delivery.

3. A fertilizer formulated according to specifications furnished by a consumer prior to

mixing must be labeled to show the net weight, the guaranteed analysis or amount of

each plant nutrient it contains in pounds [kilograms], and the name and address of the

registrant.
N.D. Cent. Code § 4.1-72-04.1 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-04.1
4.1-72-04.1. Uniform complaint and summons - Promise to appear - Penalty
Status: in_force

4.1-72-04.1. Uniform complaint and summons - Promise to appear - Penalty

1. There is established a uniform complaint and summons that may be used by licensed

peace officers under section 4.1-72-04 in cases involving violations of this title or other

violations of state law. Whenever the complaint and summons established by this

section is used, the provisions of the North Dakota Rules of Criminal Procedure apply.

The uniform complaint and summons must comply with the North Dakota Rules of

Criminal Procedure.

2. The time of court appearance to be specified in the summons must be at least five

days after the issuance of the summons unless the defendant demands an earlier

hearing.

3. Upon receipt from the defendant of a written promise to appear at the time and place

specified in the summons, the defendant must be released from custody. After signing

a promise to appear, the defendant must be given a copy of the uniform complaint and

summons. Any individual refusing to give a written promise to appear may be arrested

if proper cause exists, or proceeded against by complaint and warrant of arrest as

provided in the North Dakota Rules of Criminal Procedure.

4. If an individual fails to appear in court after promising to do so, the court may issue an

arrest warrant.
N.D. Cent. Code § 41-03-51 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-51
41-03-51. (3-414) Obligation of drawer
Status: in_force

41-03-51. (3-414) Obligation of drawer

1. This section does not apply to cashier's checks or other drafts drawn on the drawer.

2. If an unaccepted draft is dishonored, the drawer is obliged to pay the draft 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 drawer signed an incomplete instrument, according to

its terms when completed as stated in sections 41-03-15 and 41-03-44. The obligation

is owed to a person entitled to enforce the draft or to an endorser that paid the draft

pursuant to section 41-03-52.

3. If a draft is accepted by a bank, the drawer is discharged, regardless of when or by

whom acceptance was obtained.

4. If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay

the draft if the draft is dishonored by the acceptor is the same as the obligation of an

endorser stated in subsections 1 and 3 of section 41-03-52.

5. If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the

drawer to pay the draft, the drawer is not liable under subsection 2 to pay the draft if

the draft is not a check. No disclaimer of the liability stated in subsection 2 is effective

if the draft is a check.

6. If a check is not presented for payment or given to a depositary bank for collection

within thirty days after its date, the drawee suspends payments after expiration of the

thirty-day period without paying the check, and because of the suspension of

payments the drawer is deprived of funds maintained with the drawee to cover

payment of the check, the drawer to the extent deprived of funds may discharge its

obligation to pay the check by assigning to the person entitled to enforce the check the

rights of the drawer against the drawee with respect to the funds.
N.D. Cent. Code § 4.1-05-06 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-06
4.1-05-06. Commission - Powers
Status: in_force

4.1-05-06. Commission - Powers

The commission may:

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

2. Employ, bond, and compensate necessary personnel;

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

chapter;

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

5. Sue and be sued; and

6. Do all things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 41-02-04 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-04
41-02-04. (2-104) Between merchants, financing agency, and merchant defined
Status: in_force

41-02-04. (2-104) Between merchants, financing agency, and merchant defined

1. "Between merchants" means in any transaction with respect to which both parties are

chargeable with the knowledge or skill of merchants.

2. "Financing agency" means a bank, finance company, or other person who in the

ordinary course of business makes advances against goods or documents of title or

who by arrangement with either the seller or the buyer intervenes in ordinary course to

make or collect payment due or claimed under the contract for sale, as by purchasing

or paying the seller's draft or making advances against it or by merely taking it for

collection whether or not documents of title accompany or are associated with the

draft. "Financing agency" includes also a bank or other person who similarly

intervenes between persons who are in the position of seller and buyer in respect to

the goods (section 41-02-86).

3. "Merchant" means a person who deals in goods of the kind or otherwise by the

person's occupation holds out as having knowledge or skill peculiar to the practices or

goods involved in the transaction or to whom such knowledge or skill may be attributed

by the person's employment of an agent or broker or other intermediary who by the

employed person's occupation holds out as having such knowledge or skill.
N.D. Cent. Code § 4.1-05-09 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-09
4.1-05-09. Submission of assessments - Civil penalty
Status: in_force

4.1-05-09. Submission of assessments - Civil penalty

1. Any person in possession of assessments required by this section shall forward the

assessments to the commission on or before the final day of the month following the

month in which the milk or milk products were marketed.

2. If a person fails to submit the assessments imposed by this chapter to the commission

as required by this section, the commission may assess a one-time penalty equal to

one and one-half percent of the amount of the assessment.
N.D. Cent. Code § 41-03-08 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-08
41-03-08. (3-108) Payable on demand or at a definite time
Status: in_force

41-03-08. (3-108) Payable on demand or at a definite time

1. A promise or order is "payable on demand" if it states that it is payable on demand or

at sight, or otherwise indicates that it is payable at the will of the holder, or if it does not

state any time of payment.

2. A promise or order is "payable at a definite time" if it is payable on elapse of a definite

period of time after sight or acceptance or at a fixed date or dates or at a time or times

readily ascertainable at the time the promise or order is issued, subject to rights of

prepayment, acceleration, extension at the option of the holder, or extension to a

further definite time at the option of the maker or acceptor or automatically upon or

after a specified act or event.

3. If an instrument, payable at a fixed date, is also payable upon demand made before

the fixed date, the instrument is payable on demand until the fixed date and, if demand

for payment is not made before that date, becomes payable at a definite time on the

fixed date.
N.D. Cent. Code § 4.1-60-04 — ND Code / Title 4.1 / Chapter 4.1-60 / Section 4.1-60-04
4.1-60-04. Fees of examiner for installing and examining accounting system
Status: in_force

4.1-60-04. Fees of examiner for installing and examining accounting system

For installing a uniform accounting system and examining the financial accounts of an

elevator or public warehouse, an association, copartnership, corporation, or limited liability

company shall pay the examiner a reasonable fee, as determined by the commissioner. If an

association, copartnership, corporation, or limited liability company wrongfully refuses or

neglects to pay the fees, the commissioner may cancel the license to do business. All fees must

be paid into the state treasury. The expenses incurred by the examiner under this chapter must

be paid out of the appropriations made by the legislative assembly for this purpose and the

expenses must be audited and paid in the same manner as other expenses are audited and

paid.
N.D. Cent. Code § 41-08-01 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-01
41-08-01. (8-101) Short title
Status: in_force

41-08-01. (8-101) Short title

This chapter may be cited as Uniform Commercial Code - Investment Securities.
N.D. Cent. Code § 4.1-53-45 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-45
4.1-53-45. Certified seed - Use of certain terms - Required authorization
Status: in_force

4.1-53-45. Certified seed - Use of certain terms - Required authorization

A person may not use the terms "breeders", "foundation", "registered", or "certified", and

may not use substantially equivalent terms, in the labeling or in the advertising, characterization,

or representation of seed that is offered for sale or sold in this state, unless authorized to do so

by the seed commissioner. The prohibition of this section applies to oral and written forms of

advertising, characterizations, and representations.
N.D. Cent. Code § 4.1-25-37 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-37
4.1-25-37. Sale of milk or milk products in violation of this chapter prohibited
Status: in_force

4.1-25-37. Sale of milk or milk products in violation of this chapter prohibited

A person may not sell, or offer for sale, any milk or milk product, their imitations or

substitutes, that is produced, processed, manufactured, transported, or stored, in violation of the

laws of this state or the rules of the commissioner, or which do not subscribe to the definition as

stated in this chapter or defined by the commissioner.
N.D. Cent. Code § 4.1-40-04 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-04
4.1-40-04. Proof of effectiveness
Status: in_force

4.1-40-04. Proof of effectiveness

The commissioner may require proof of claims made for any product covered by this

chapter and may require proof of value when used as directed or recommended. The

commissioner must rely on data from scientifically designed and reported studies conducted

under conditions similar to those in this state under which the product is intended to be used.

The commissioner may accept or reject other sources of proof as supplemental evidence.
N.D. Cent. Code § 4.1-04-09 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-09
4.1-04-09. Council - Duties
Status: in_force

4.1-04-09. Council - Duties

1. The council shall determine the uses for which any moneys raised under this chapter

may be expended. The uses may include the funding of research, education programs,

corn policy development, promotion, and market development efforts, as well as

participation in programs under the auspices of other state, regional, national, and

international promotion groups.

2. The council shall develop and disseminate information regarding the purpose of the

corn assessment and ways in which the assessment benefits corn producers.

3. The council shall hold two public input meetings per year with organizations dedicated

to serving North Dakota corn producers to discuss recommendations for the use of

moneys received under this chapter.
N.D. Cent. Code § 4.1-39-08 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-08
4.1-39-08. Minor use pesticide fund - Continuing appropriation
Status: in_force

4.1-39-08. Minor use pesticide fund - Continuing appropriation

The minor use pesticide fund is created as a special fund in the state treasury. All moneys in

the fund are appropriated on a continuing basis to the crop protection product harmonization

and registration board for the purpose of conducting or commissioning studies, investigations,

and evaluations regarding the registration and use of pesticides for minor crops, minor uses,

and other uses as determined by the board.
N.D. Cent. Code § 41-02.1-04 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-04
41-02.1-04. (2A-104) Leases subject to other laws
Status: in_force

41-02.1-04. (2A-104) Leases subject to other laws

1. A lease, although subject to this chapter, is also subject to any applicable:

a. Certificate of title statute of this state;

b. Certificate of title statute of another jurisdiction (section 41-02.1-05); or

c. Consumer protection law of this state, both decisional and statutory.

2. In case of conflict between the provisions of this chapter, other than section 41-02.1-05

or subsection 3 of section 41-02.1-34 or subsection 3 of section 41-02.1-35, and any

statute or decision referred to in subsection 1, the provisions of that statute control.

3. Failure to comply with any applicable law has only the effect specified therein.
N.D. Cent. Code § 4.1-37-14 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-14
4.1-37-14. Wet fluorescent magnetic particle test procedures
Status: in_force

4.1-37-14. Wet fluorescent magnetic particle test procedures

Any wet fluorescent magnetic particle test of a pressure vessel weld conducted under

section 4.1-37-05 must comply with the requirements of the society for nondestructive testing

SNT-TC-1A standard and must be conducted by a person certified as a level II technician by the

society.
N.D. Cent. Code § 4.1-18.1-01 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-01
4.1-18.1-01. Definitions
Status: in_force

4.1-18.1-01. Definitions

1. "Broad spectrum" means hemp extract or hemp commodity or product containing

naturally occurring hemp-derived cannabinoids, terpenes, and other naturally

occurring compounds, but where tetrahydrocannabinol has been removed to

nondetectable levels using a fit-for-purpose method, with a total tetrahydrocannabinol

level not to exceed an amount determined by the commissioner.

2. "Chemically derived cannabinoid" means a chemical substance created by a chemical

reaction that changes the molecular structure of any chemical substance derived from

the plant cannabis. The term does not include cannabinoids produced by

decarboxylation from a naturally occurring cannabinoid acid without the use of a

chemical catalyst.

3. "Full spectrum" means hemp extract or hemp commodity or product containing

naturally occurring hemp-derived cannabinoids, terpenes, and other naturally

occurring compounds, processed without intentional complete removal of any

compound and without the addition of isolated cannabinoids, with a total

tetrahydrocannabinol level not to exceed an amount determined by the commissioner.

4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the

seeds and flowers, whether growing or not, with a total tetrahydrocannabinol

concentration in an amount determined by the commissioner. The term does not

include hemp extract, commodity or product using hemp, or a hemp substance or

product prohibited by this chapter.

5. "Hemp commodity or product" means a product made from hemp or hemp extract,

including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds,

seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical.

a. The term includes:

(1) Hemp processed through retting or other processing such that it is a suitable

fiber for textiles, rope, paper, hempcrete, or other building or fiber materials;

(2) Hemp seed processed such that it is incapable of germination and

processed such that is suitable for human consumption;

(3) Hemp seed pressed or otherwise processed into oil;

(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as

CBG, including broad spectrum, full spectrum, and isolate products, with a

total tetrahydrocannabinol level not to exceed an amount determined by the

commissioner; and

(5) A hemp commodity or product approved in writing by the agriculture

commissioner.

b. The term does not include:

(1) Hemp that has been chopped, separated, or dried for purposes of transfer

or storage;

(2) A chemical compound extracted from hemp used to formulate, process, or

otherwise make an inhalant;

(3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8

THC;

(4) A product containing chemically derived cannabinoids, including:

(a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and

THC-O;

(b) Hexahydrocannabinol, also known as HHC; and

(c) Tetrahydrocannabiphorol, also known as THCP; or

(5) A psychotropic hemp commodity or product disapproved in writing by the

commissioner.

6. "Hemp extract" means a concentrate or extract obtained by separating cannabinoids

from hemp by a mechanical, chemical, or other process. The term does not include

hemp seed pressed or otherwise processed into oil.

7. "Hemp tincture" means a solution that may not exceed thirty milliliters consisting of:

a. At least twenty-five percent of non-denatured alcohol, in addition to a hemp

extract, and other ingredients intended for human consumption or ingestion; or

b. Glycerin or plant-based oil and hemp extract, and is intended for human

consumption or ingestion.

8. "Hemp topical" means a hemp commodity or product intended to be applied to the skin

or hair. The maximum concentration or amount of total tetrahydrocannabinol permitted

in a hemp topical is fifty milligrams per container.

9. "Isolate" means hemp extract or hemp commodity or product comprised of a single

cannabinoid compound.

10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural,

optical, or geometric isomers of tetrahydrocannabinol, including:

a. Delta-7 tetrahydrocannabinol;

b. Delta-8 tetrahydrocannabinol; or

c. Delta-10 tetrahydrocannabinol.

11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of

tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths

plus the percentage of weight of tetrahydrocannabinol.
N.D. Cent. Code § 4.1-33-03 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-03
4.1-33-03. Pesticide control board to administer chapter and adopt rules
Status: in_force

4.1-33-03. Pesticide control board to administer chapter and adopt rules

1. a. The pesticide control board shall administer this chapter and may adopt rules

under chapter 28-32 to implement this chapter. The rules may prescribe methods

to be used in the application of pesticides. The rules may relate to the time, place,

manner, methods, materials, and amounts and concentrations, in connection with

the application of the pesticide, and may restrict or prohibit use of pesticides in

designated areas during specified periods of time and must encompass all

reasonable factors that the board deems necessary to prevent damage or injury

by drift or misapplication to:

(1) Plants, including forage plants, on adjacent or nearby lands.

(2) Wildlife in the adjoining or nearby areas.

(3) Fish and other aquatic life in waters in proximity to the area to be treated.

(4) Persons, animals, or beneficial insects.

b. In adopting rules, the board shall give consideration to pertinent research findings

and recommendations of other agencies of the state, federal government, or

other reliable sources.

2. In adopting rules under this chapter, the board shall prescribe standards and

requirements for the certification of applicators of pesticides. The standards and

requirements must relate to the use and handling of pesticides. In determining the

standards and requirements, the board shall adopt standards and requirements

prescribed by the United States environmental protection agency in the pesticide

certification standards.

3. Rules adopted under this chapter may not permit any pesticide use that is prohibited

by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.] or

regulations or orders issued thereunder.

4. To comply with the pesticide certification standards and the Federal Insecticide,

Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], the board shall make reports to

the United States environmental protection agency in the form and containing the

information as the agency requires.

5. Rules to implement this chapter may provide for:

a. The collection, examination, and reporting of samples of pesticides.

b. The safe handling, transportation, storage, display, distribution, and disposal of

pesticides and pesticides containers.

c. The identification of pests under this chapter if the board finds particular

organisms to be annoying or otherwise injurious or harmful to agriculture, health,

and the environment.
N.D. Cent. Code § 4.1-12-07 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-07
4.1-12-07. Refund of assessment - Form
Status: in_force

4.1-12-07. Refund of assessment - Form

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

shall obtain an application form from the commissioner within sixty days from the date the

producer's turkeys were delivered to a processor. The producer shall return the completed form

to the commissioner within ninety days from the date the producer's turkeys were delivered to a

processor. The producer is not entitled to a refund under this section unless the refundable

amount meets or exceeds five dollars.
N.D. Cent. Code § 4.1-58-44 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-44
4.1-58-44. Insolvency of warehouseman
Status: in_force

4.1-58-44. Insolvency of warehouseman

A licensee is insolvent when the licensee refuses, neglects, or is unable upon proper written

demand, including electronic communication, to pay for grain purchased or marketed by the

licensee or to make redelivery or payment for grain stored.
N.D. Cent. Code § 4.1-58-37 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-37
4.1-58-37. Destruction of grain in public warehouse - First lien by holder of outstanding receipt
Status: in_force

4.1-58-37. Destruction of grain in public warehouse - First lien by holder of

outstanding receipt.

The holder of an unconverted scale ticket or warehouse receipt issued by any public

warehouseman has a first lien, to the extent of the value of the grain when lost at the place

where held, on all insurance of the warehouse for any loss sustained by the receiptholder, on

account of the loss of the grain by fire, tornado, or any other cause covered by the insurance

policy.
N.D. Cent. Code § 4.1-57-22 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-22
4.1-57-22. Violations of chapter - Penalty
Status: in_force

4.1-57-22. Violations of chapter - Penalty

1. A person is guilty of a class A misdemeanor and subject to a civil penalty in an amount

up to ten thousand dollars per violation, which may be imposed by the seed

commissioner in an administrative hearing, if the person:

a. Makes any false statement or report as to the grade, condition, markings, quality,

or quantity of potatoes received or delivered, or acts in a manner designed to

deceive the consignor or purchaser of the potatoes;

b. Breaches any contract for the purchase or sale of potatoes to which the person

was a party unless the breach is based on a state inspection certificate, secured

with reasonable promptness after receipt of the shipment and showing that the

kind or quality of potatoes is not that which was purchased or ordered;

c. Fails to account for potatoes or to pay for potatoes within the time required by this

chapter;

d. Purchases for the person's own account any potatoes received on consignment,

either directly or indirectly, without the consent of the consignor;

e. Issues false or misleading market quotations;

f. Cancels any quotations during the period advertised by the person;

g. Makes any false or misleading statement on an application for licensure as a

wholesale potato dealer;

h. Increases the sales charges on shipped potatoes by means of fictitious sales;

i. Receives potatoes from foreign states or countries for sale or resale, within or

outside this state, and gives the purchaser the impression through any method of

advertising or description that the potatoes are from a source other than their true

origin; or

j. Violates this chapter or any rule implementing this chapter.

2. The seed commissioner may make application to the district court to compel payment

of civil penalties imposed under this section.
N.D. Cent. Code § 4.1-26-25 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-25
4.1-26-25. License - Expiration
Status: in_force

4.1-26-25. License - Expiration

A license issued under this chapter is effective until:

1. There is a change of ownership or of location;

2. The license is suspended or revoked; or

3. The business that is licensed is discontinued or is inactive for more than thirty days.
N.D. Cent. Code § 4.1-45-23 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-23
4.1-45-23. Annual report
Status: in_force

4.1-45-23. Annual report

The secretary or other officer charged with compiling an annual report of the proceedings of

the state fair association and its financial condition for the preceding fiscal year by the annual

meeting shall file a copy in the office of the agriculture commissioner. The commissioner shall

include it, in whole or in part, in the commissioner's biennial report to the governor and the

secretary of state.
N.D. Cent. Code § 41-01-23 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-23
41-01-23. (1-309) Option to accelerate at will
Status: in_force

41-01-23. (1-309) Option to accelerate at will

A term providing that one party or that party's successor in interest may accelerate payment

or performance or require collateral or additional collateral "at will" or when the party "deems

itself insecure", or words of similar import, means that the party has power to do so only if that

party in good faith believes that the prospect of payment or performance is impaired. The

burden of establishing lack of good faith is on the party against which the power has been

exercised.
N.D. Cent. Code § 41-02.1-53 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-53
41-02.1-53. (2A-505) Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies
Status: in_force

41-02.1-53. (2A-505) Cancellation and termination and effect of cancellation,

termination, rescission, or fraud on rights and remedies.

1. On cancellation of the lease contract, all obligations that are still executory on both

sides are discharged, but any right based on prior default or performance survives,

and the canceling party also retains any remedy for default of the whole lease contract

or any unperformed balance.

2. On termination of the lease contract, all obligations that are still executory on both

sides are discharged but any right based on prior default or performance survives.

3. Unless the contrary intention clearly appears, expressions of "cancellation",

"rescission", or the like of the lease contract may not be construed as a renunciation or

discharge of any claim in damages for an antecedent default.

4. Rights and remedies for material misrepresentation or fraud include all rights and

remedies available under this chapter for default.

5. Neither rescission nor a claim for rescission of the lease contract nor rejection or

return of the goods may bar or be deemed inconsistent with a claim for damages or

other right or remedy.
N.D. Cent. Code § 4.1-52-09 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-09
4.1-52-09. Seed commissioner - Powers
Status: in_force

4.1-52-09. Seed commissioner - Powers

The seed commissioner may:

1. Contract with North Dakota state university for the use of facilities and equipment;

2. Contract with any person for any lawful purpose;

3. Enter upon real property and access any structure and personal property, at any time,

to:

a. Inspect, sample, and test seeds, potatoes, including seed potatoes, and other

commodities for purposes of determining statutory and regulatory compliance;

and

b. Inspect records for purposes of determining statutory and regulatory compliance;

4. Collect royalty, research, and patent fees; and

5. Issue phytosanitary certificates if authorized to do so by the United States department

of agriculture animal and plant health inspection service or the agriculture

commissioner.
N.D. Cent. Code § 4.1-23-10 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-10
4.1-23-10. Authority for local pest control and regulations
Status: in_force

4.1-23-10. Authority for local pest control and regulations

The governing body of any political subdivision, by ordinance or resolution, may adopt and

enforce regulations to control and prevent the spread of pests. If state rules are in effect, any

similar local regulations must be approved by the commissioner. State rules must be in effect if

the commissioner finds that adequate measures are not being taken by the political subdivision.

The commissioner shall notify the appropriate officials of the political subdivision before any

action is taken by the commissioner. The rules may authorize appropriate officers and

employees to enter and inspect any public or private place which might harbor pests.
N.D. Cent. Code § 4.1-07-02 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-02
4.1-07-02. Dry pea and lentil districts - Establishment
Status: in_force

4.1-07-02. Dry pea and lentil districts - Establishment

The state consists of the following five dry pea and lentil districts:

1. Burke, Divide, McKenzie, Mountrail, and Williams Counties.

2. Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton,

Oliver, Sioux, Slope, and Stark Counties.

3. Benson, Bottineau, McHenry, Pierce, Renville, Rolette, Towner, and Ward Counties.

4. Burleigh, Emmons, Kidder, Logan, McIntosh, McLean, Sheridan, and Wells Counties.

5. Barnes, Cass, Cavalier, Dickey, Eddy, Foster, Grand Forks, Griggs, LaMoure, Nelson,

Pembina, Ramsey, Ransom, Richland, Sargent, Steele, Stutsman, Traill, and Walsh

Counties.
N.D. Cent. Code § 4.1-33-04 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-04
4.1-33-04. Limitation on authority of political subdivisions regarding pesticides
Status: in_force

4.1-33-04. Limitation on authority of political subdivisions regarding pesticides

A political subdivision, including a home rule city or county, may not adopt or continue in

effect any ordinance, resolution, or home rule charter provision regarding the registration,

labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides.

This section does not apply to city zoning ordinances.
N.D. Cent. Code § 4.1-12-04 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-04
4.1-12-04. Invoice - Contents - Preparation by processor
Status: in_force

4.1-12-04. Invoice - Contents - Preparation by processor

At the time turkeys are delivered to a processor, the processor shall prepare and sign an

invoice documenting:

1. The name and address of the producer;

2. The name and address of the seller, if the producer is not the seller;

3. The name and address of the processor;

4. The number of turkeys sold in that particular transaction;

5. The assessment collected on that particular transaction; and

6. The date.
N.D. Cent. Code § 4.1-58-28 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-28
4.1-58-28. Receiptholder's lien
Status: in_force

4.1-58-28. Receiptholder's lien

Grain contained in a warehouse, including grain owned by the warehouseman, is subject to

a first priority lien for outstanding receiptholders storing, selling, or depositing grain in the

warehouse. The lien created under this section is preferred to any lien or security interest for

any creditor of the warehouseman regardless of the time when the creditor's lien or security

interest attached to the grain. Notice of the lien created under this section need not be filed to

perfect the lien. The lien created by this section is discharged as to grain sold by the

warehouseman to a buyer in the ordinary course of business. The sale does not discharge the

lien for an individual receiptholder in the remaining grain in the warehouse.
N.D. Cent. Code § 4.1-09-03 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-03
4.1-09-03. Canola districts - Establishment
Status: in_force

4.1-09-03. Canola districts - Establishment

The state consists of the following three canola districts:

1. Adams, Billings, Bowman, Burke, Divide, Dunn, Golden Valley, Grant, Hettinger,

McKenzie, McLean, Mercer, Morton, Mountrail, Oliver, Renville, Sioux, Slope, Stark,

Ward, and Williams Counties.

2. Benson, Bottineau, Burleigh, Dickey, Eddy, Emmons, Foster, Kidder, LaMoure, Logan,

McHenry, McIntosh, Pierce, Rolette, Sheridan, Stutsman, and Wells Counties.

3. Barnes, Cass, Cavalier, Grand Forks, Griggs, Nelson, Pembina, Ramsey, Ransom,

Richland, Sargent, Steele, Towner, Traill, and Walsh Counties.
N.D. Cent. Code § 4.1-83-20 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-20
4.1-83-20. License suspension or revocation - Hearing - Appeal
Status: in_force

4.1-83-20. License suspension or revocation - Hearing - Appeal

1. Before the agriculture commissioner may suspend or revoke a livestock dealer's

license, the commissioner shall:

a. Prepare a complaint;

b. Designate the time and place for a hearing; and

c. Serve a copy of the complaint and a notice of the hearing upon the livestock

dealer at least fifteen days before the date of the hearing.

2. The agriculture commissioner shall serve the required notice by registered mail or in

the manner provided by the North Dakota Rules of Civil Procedure for the service of a

summons.

3. At the hearing, the agriculture commissioner shall take and receive testimony and

evidence.

4. After the hearing, the agriculture commissioner shall issue an order to:

a. Dismiss the proceedings;

b. Suspend the livestock dealer's license; or

c. Revoke the livestock dealer's license.

5. The aggrieved party may appeal the order to the district court of the county in which

the party maintains its principal place of business.
N.D. Cent. Code § 4.1-04-05 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-05
4.1-04-05. Election costs - Responsibility
Status: in_force

4.1-04-05. Election costs - Responsibility

All costs of holding an election are the responsibility of the council.
N.D. Cent. Code § 4.1-73-18 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-18
4.1-73-18. Bill of sale - Copy with shipment - Effect - Penalty
Status: in_force

4.1-73-18. Bill of sale - Copy with shipment - Effect - Penalty

1. a. Except as provided in subsection 2, a person may not sell any livestock carrying

a recorded brand unless the seller is the owner of the recorded brand and

delivers a bill of sale for the livestock to the purchaser. The bill of sale must

include:

(1) The date;

(2) The name, address, and signature of the seller;

(3) The name, address, and signature of an individual who is at least eighteen

years of age and who can verify the name and signature of the seller;

(4) The name and address of the buyer;

(5) The total number of animals sold;

(6) A description of each animal sold as to sex and color; and

(7) A depiction of the recorded brand.

b. The seller must deliver a bill of sale to the purchaser within fifteen days of the

date of the sale.

c. The buyer shall retain the bill of sale for as long as the buyer owns any animals

described in the bill of sale.

d. The seller shall provide a copy of the bill of sale to the individual hauling the

livestock. The individual shall ensure that the document remains with the

livestock while in transit.

e. The bill of sale or a copy of the bill of sale must be shown by the possessor on

demand to any law enforcement officer or brand inspector.

f. The bill of sale is prima facie evidence of the sale of the livestock described in the

bill of sale.

2. Subsection 1 does not apply to the sale of livestock for which a brand inspector has

issued a certificate of ownership.

3. Any person willfully violating this section is guilty of a class B misdemeanor for a first

offense and a class A misdemeanor for a second or subsequent offense.
N.D. Cent. Code § 4.1-43-04 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-04
4.1-43-04. Registration fee
Status: in_force

4.1-43-04. Registration fee

A registration fee of forty dollars must be paid to the commissioner for each livestock

medicine that is registered prior to each two-year registration ending June thirtieth of every

even-numbered year. An application for registration which is received by the commissioner after

July thirty-first of the year in which the application is due must be assessed an additional late

registration fee of ten dollars.
N.D. Cent. Code § 4.1-22-10 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-10
4.1-22-10. Exemptions
Status: in_force

4.1-22-10. Exemptions

The commissioner may exempt certain nursery stock, nurseries, or persons from all or part

of the provisions of this chapter. Exemptions from licenses and fees may include:

1. Persons growing and propagating nursery stock for research or experimental

purposes;

2. Soil conservation districts selling nursery stock for the prevention of soil and wind

erosion or other conservation plantings; and

3. Persons growing nursery stock for noncommercial purposes or that the commissioner

designates as exempt.
N.D. Cent. Code § 4.1-27-04 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-04
4.1-27-04. Bond to accompany application for license - Amount - Approval - Conditions - Exemptions
Status: in_force

4.1-27-04. Bond to accompany application for license - Amount - Approval -

Conditions - Exemptions.

1. An applicant for a license to operate a livestock auction market shall file a surety bond

of at least ten thousand dollars with the application for license or renewal of a license.

The bond must be approved by the commissioner as to the amount, form, and surety.

The commissioner must be named the obligee in the bond. The bond must be for the

benefit of, and for the purpose of protecting, any person selling to or through the

licensed livestock auction market, or buying livestock through or from the licensed

livestock auction market or the licensee's agent. The commissioner may require an

additional bond of the licensee when the commissioner deems the volume of the

business of the licensee warrants the additional bond. The bond must be conditioned

for:

a. The payment of all money received by the licensee and the operator of the

livestock auction market, less reasonable expenses and agreed commissions;

b. The faithful performance by the licensee of the duties of a livestock auction

market operator; and

c. The faithful performance by the licensee of all duties imposed by law relating to

the purchase, sale, or holding of livestock.

2. The bond must cover the entire license period. If the commissioner is the trustee or

obligee of a surety bond in which the auction market operator is the principal and is

operating and is bonded under the Packers and Stockyards Act, 1921 [Pub. L. 67-51;

42 Stat. 159; 7 U.S.C. 181 et seq.], the commissioner may accept that bond in lieu of

the one required under this section, except that the minimum bond requirements of ten

thousand dollars will be continued.
N.D. Cent. Code § 4.1-39-03 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-03
4.1-39-03. Crop protection products - Canadian labels
Status: in_force

4.1-39-03. Crop protection products - Canadian labels

The agriculture commissioner, with the advice and consent of the appropriate agricultural

commodity group, may authorize the sale and use in this state of a crop protection product that

has a Canadian label, if the commissioner determines that a crop protection product having an

American label contains substantially similar active ingredients and that the importation and use

of the product with a Canadian label does not violate federal law. The commissioner shall

require an applicator to possess the American label and apply the product in accordance with

the American label provisions.
N.D. Cent. Code § 4.1-20-42 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-42
4.1-20-42. Termination of affairs of district - Disposal of property - Certificate of dissolution
Status: in_force

4.1-20-42. Termination of affairs of district - Disposal of property - Certificate of

dissolution.

Upon receipt from the committee of its certification that the committee has determined the

continued operation of the district is not administratively feasible, the supervisors shall proceed

to terminate the affairs of the district. The supervisors of the district may dispose of all or part of

any property belonging to the district at public auction and shall use the proceeds of the sale to

pay any liabilities. The balance of any funds and undisposed property becomes the property of

the county or counties the district is a part of as directed by the supervisors. The supervisors

thereupon shall file an application, duly verified, with the secretary of state for the

discontinuance of the district, and shall transmit with such application the certificate of the

committee setting forth its determination that the continued operation of the district is not

administratively feasible. The application must recite what property, if any, of the district has

been disposed of, the liabilities paid, and the property or proceeds paid over as provided herein

and must set forth a full accounting of such properties and their sale proceeds. The secretary of

state shall issue to the supervisors a certificate of dissolution and record the certificate in an

appropriate record in the secretary of state's office.
N.D. Cent. Code § 41-02.1-57 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-57
41-02.1-57. (2A-509) Lessee's rights on improper delivery - Rightful rejection
Status: in_force

41-02.1-57. (2A-509) Lessee's rights on improper delivery - Rightful rejection

1. Subject to the provisions of section 41-02.1-58 on default in installment lease

contracts, if the goods or the tender or delivery fail in any respect to conform to the

lease contract, the lessee may reject or accept the goods or accept any commercial

unit or units and reject the rest of the goods.

2. Rejection of goods is ineffective unless it is within a reasonable time after tender or

delivery of the goods and the lessee seasonably notifies the lessor.
N.D. Cent. Code § 4.1-01.1-06 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-06
4.1-01.1-06. Agricultural products utilization fund - Purposes
Status: in_force

4.1-01.1-06. Agricultural products utilization fund - Purposes

The agricultural products utilization fund in the state treasury must be used to fund

programs for agricultural research, equipment, development, processing, technology, and

marketing. The fund must be used to defray the expenses of the North Dakota agricultural

products utilization commission. Interest earned on moneys in the fund must be credited to the

fund.
N.D. Cent. Code § 41-07-01 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-01
41-07-01. (7-101) Short title
Status: in_force

41-07-01. (7-101) Short title

This chapter may be cited as Uniform Commercial Code - Documents of Title.
N.D. Cent. Code § 4.1-18.1-04.1 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-04.1
4.1-18.1-04.1. Commissioner - Authority - Tetrahydrocannabinol concentration
Status: in_force

4.1-18.1-04.1. Commissioner - Authority - Tetrahydrocannabinol concentration

The commissioner shall determine the total tetrahydrocannabinol concentration under this

chapter up to an amount not to exceed the federal Agriculture Improvement Act of 2018 [Pub. L.

115-334; 132 Stat. 4490] and federal domestic hemp production program regulations under

title 7, Code of Federal Regulations, part 990.
N.D. Cent. Code § 4.1-25-13 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-13
4.1-25-13. Records and reports
Status: in_force

4.1-25-13. Records and reports

Licensees shall maintain the records the commissioner deems necessary to assure the

financial condition of the licensee is adequate to assure prompt payment to producers.
N.D. Cent. Code § 4.1-37-11 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-11
4.1-37-11. Prohibitions
Status: in_force

4.1-37-11. Prohibitions

The following actions are prohibited:

1. Filling a nurse tank directly from a railcar;

2. Filling or using a nurse tank that has an outdated hose;

3. Filling or using a nurse tank that has outdated relief valves;

4. Towing more than two nurse tanks on a public road;

5. Filling department of transportation transport containers not meeting the requirements

of the department of transportation;

6. Filling anhydrous ammonia storage containers not meeting the requirements of this

chapter;

7. Filling a storage container or nurse tank while unattended;

8. Making repairs or additions of appurtenances directly to pressurized storage

containers or nurse tanks by any individual not authorized under rules adopted by the

commissioner;

9. Painting or obscuring the American society of mechanical engineers data plates on

storage containers or nurse tanks;

10. Painting hydrostatic safety and safety relief valves on storage containers or nurse

tanks;

11. Filling nonrefrigerated storage containers or nurse tanks beyond the filling densities

permitted by the American national standards institute K61.1, section 5.9.1; and

12. Using the American society for testing and materials A-53 type f piping for anhydrous

ammonia piping systems.
N.D. Cent. Code § 4.1-53-25 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-25
4.1-53-25. Vegetable seed - Quantity - Label requirement
Status: in_force

4.1-53-25. Vegetable seed - Quantity - Label requirement

If the vegetable seeds are on a mat, on tape, or in some other germination medium, and the

quantity of seed cannot be readily determined, the label must include the minimum number of

seeds per definable unit.
N.D. Cent. Code § 41-02.1-28 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-28
41-02.1-28. (2A-219) Risk of loss
Status: in_force

41-02.1-28. (2A-219) Risk of loss

1. Except in the case of a finance lease, risk of loss is retained by the lessor and does

not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.

2. Subject to section 41-02.1-29, if risk of loss is to pass to the lessee and the time of

passage is not stated, the following rules apply:

a. If the lease contract requires or authorizes the goods to be shipped by carrier:

(1) And it does not require delivery at a particular destination, the risk of loss

passes to the lessee when the goods are duly delivered to the carrier; but

(2) If it does require delivery at a particular destination and the goods are there

duly tendered while in the possession of the carrier, the risk of loss passes

to the lessee when the goods are there duly so tendered as to enable the

lessee to take delivery.

b. If the goods are held by a bailee to be delivered without being moved, the risk of

loss passes to the lessee on acknowledgment by the bailee of the lessee's right

to possession of the goods.

c. In any case not within subdivision a or b, the risk of loss passes to the lessee on

the lessee's receipt of the goods if the lessor, or, in the case of a finance lease,

the supplier, is a merchant. Otherwise, the risk passes to the lessee on tender of

delivery.
N.D. Cent. Code § 41-03-59 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-59
41-03-59. (3-502) Dishonor
Status: in_force

41-03-59. (3-502) Dishonor

1. Dishonor of a note is governed by the following rules:

a. If the note is payable on demand, the note is dishonored if presentment is duly

made to the maker and the note is not paid on the day of presentment.

b. If the note is not payable on demand and is payable at or through a bank or the

terms of the note require presentment, the note is dishonored if presentment is

duly made and the note is not paid on the day it becomes payable or the day of

presentment, whichever is later.

c. If the note is not payable on demand and subdivision b does not apply, the note is

dishonored if it is not paid on the day it becomes payable.

2. Dishonor of an unaccepted draft other than a documentary draft is governed by the

following rules:

a. If a check is duly presented for payment to the payor bank otherwise than for

immediate payment over the counter, the check is dishonored if the payor bank

makes timely return of the check or sends timely notice of dishonor or

nonpayment under section 41-04-29 or 41-04-30, or becomes accountable for the

amount of the check under section 41-04-30.

b. If the draft is payable on demand and subdivision a does not apply, the draft is

dishonored if presentment for payment is duly made to the drawee and the draft

is not paid on the day of presentment.

c. If a draft is payable on a date stated in the draft, the draft is dishonored if

presentment for payment is duly made to the drawee and payment is not made

on the day the draft becomes payable or the day of presentment, whichever is

later, or presentment for acceptance is duly made before the day the draft

becomes payable and the draft is not accepted on the day of presentment.

d. If a draft is payable on elapse of a period of time after sight or acceptance, the

draft is dishonored if presentment for acceptance is duly made and the draft is not

accepted on the day of presentment.

3. Dishonor of an unaccepted documentary draft occurs according to the rules stated in

subdivisions b, c, and e of subsection 2, except that payment or acceptance may be

delayed without dishonor until no later than the close of the third business day of the

drawee following the day on which payment or acceptance is required by those

paragraphs.

4. Dishonor of an accepted draft is governed by the following rules:

a. If the draft is payable on demand, the draft is dishonored if presentment for

payment is duly made to the acceptor and the draft is not paid on the day of

presentment.

b. If the draft is not payable on demand, the draft is dishonored if presentment for

payment is duly made to the acceptor and payment is not made on the day it

becomes payable or the day of presentment, whichever is later.

5. In any case in which presentment is otherwise required for dishonor under this section

and presentment is excused under section 41-03-61, dishonor occurs without

presentment if the instrument is not duly accepted or paid.

6. If a draft is dishonored because timely acceptance of the draft was not made and the

person entitled to demand acceptance consents to a late acceptance, from the time of

acceptance the draft is treated as never having been dishonored.
N.D. Cent. Code § 4.1-16-17 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-17
4.1-16-17. Penalties
Status: in_force

4.1-16-17. Penalties

1. A person violating this chapter is guilty of a class A misdemeanor.

2. In addition to criminal sanctions that may be imposed pursuant to subsection 1, a

person found to have violated this chapter or rules adopted under this chapter is

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

penalty may be adjudicated by a court or by the agriculture commissioner through an

administrative hearing pursuant to chapter 28-32.

3. The commissioner may maintain a civil action in the name of the state against any

person violating this chapter.

4. The violation of any condition of licensure, as set forth in section 4.1-16-02, is deemed

to be a violation of this chapter.
N.D. Cent. Code § 4.1-58-05 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-05
4.1-58-05. Notice of procedures for resolving disputes over grain
Status: in_force

4.1-58-05. Notice of procedures for resolving disputes over grain

A public warehouse shall post a notice containing the procedures specified in section

4.1-58-04 for resolving disputes. The commissioner shall prescribe the form of the notice and

shall provide a copy of the notice to each public warehouse. The public warehouseman shall

post the notice in the grain inspection room of the warehouse. The notice must specifically

mention the procedure for resolving disputes applies to the grade, dockage, moisture content,

and protein content of grain and to the quality factors of grain for which inspection rules and

grades have not been adopted by the secretary of agriculture of the United States.
N.D. Cent. Code § 41-02-44 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-44
41-02-44. (2-327) Special incidents of sale on approval and sale or return
Status: in_force

41-02-44. (2-327) Special incidents of sale on approval and sale or return

1. Under a sale on approval, unless otherwise agreed:

a. Although the goods are identified to the contract the risk of loss and the title do

not pass to the buyer until acceptance.

b. Use of the goods consistent with the purpose of trial is not acceptance but failure

seasonably to notify the seller of election to return the goods is acceptance, and if

the goods conform to the contract, acceptance of any part is acceptance of the

whole.

c. After due notification of election to return, the return is at the seller's risk and

expense but a merchant buyer must follow any reasonable instructions.

2. Under a sale or return, unless otherwise agreed:

a. The option to return extends to the whole or any commercial unit of the goods

while in substantially their original condition, but must be exercised seasonably.

b. The return is at the buyer's risk and expense.
N.D. Cent. Code § 4.1-83-19 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-19
4.1-83-19. Grounds for suspension or revocation of license
Status: in_force

4.1-83-19. Grounds for suspension or revocation of license

The agriculture commissioner may suspend or revoke the license of a livestock dealer if:

1. The livestock dealer has violated this chapter;

2. The livestock dealer has violated any of the laws of this state governing the handling,

shipment, or transportation of livestock;

3. The livestock dealer has been found guilty of deceit, fraud, dishonesty, forgery, or theft,

as a dealer in livestock;

4. The livestock dealer submitted false or misleading information in connection with the

application for licensure;

5. The livestock dealer has failed to maintain records that disclose all purchases and

sales of livestock, as required by section 4.1-83-12;

6. The livestock dealer has refused the commissioner's request to provide financial

records to the commissioner, as required by section 4.1-83-09;

7. The livestock dealer has failed to pay brand inspection fees or veterinary inspection

fees, as required by law, within sixty days of the date on which they were due;

8. The livestock dealer is convicted under section 4.1-03-13 of failing to submit beef

promotion assessments; or

9. The livestock dealer has failed to pay for livestock purchased in a timely manner and

without reasonable cause.
N.D. Cent. Code § 41-04-23 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-23
41-04-23. (4-211) When bank gives value for purposes of holder in due course
Status: in_force

41-04-23. (4-211) When bank gives value for purposes of holder in due course

For purposes of determining its status as a holder in due course, a bank has given value to

the extent it has a security interest in an item, provided the bank otherwise complies with the

requirements of section 41-03-28.
N.D. Cent. Code § 41-08-07 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-07
41-08-07. (8-107) Whether endorsement, instruction, or entitlement order is effective
Status: in_force

41-08-07. (8-107) Whether endorsement, instruction, or entitlement order is effective

1. "Appropriate person" means:

a. With respect to an endorsement, the person specified by a security certificate or

by an effective special endorsement to be entitled to the security;

b. With respect to an instruction, the registered owner of an uncertificated security;

c. With respect to an entitlement order, the entitlement holder;

d. If the person designated in subdivision a, b, or c is deceased, the designated

person's successor taking under other law or the designated person's personal

representative acting for the estate of the decedent; or

e. If the person designated in subdivision a, b, or c lacks capacity, the designated

person's guardian, conservator, or other similar representative who has power

under other law to transfer the security or financial asset.

2. An endorsement, instruction, or entitlement order is effective if:

a. It is made by the appropriate person;

b. It is made by a person who has power under the law of agency to transfer the

security or financial asset on behalf of the appropriate person, including, in the

case of an instruction or entitlement order, a person who has control under

subdivision b of subsection 3 or subdivision b of subsection 4 of section 41-08-06;

or

c. The appropriate person has ratified it or is otherwise precluded from asserting its

ineffectiveness.

3. An endorsement, instruction, or entitlement order made by a representative is effective

even if:

a. The representative has failed to comply with a controlling instrument or with the

law of the state having jurisdiction of the representative relationship, including any

law requiring the representative to obtain court approval of the transaction; or

b. The representative's action in making the endorsement, instruction, or entitlement

order or using the proceeds of the transaction is otherwise a breach of duty.

4. If a security is registered in the name of or specially endorsed to a person described

as a representative, or if a securities account is maintained in the name of a person

described as a representative, an endorsement, instruction, or entitlement order made

by the person is effective even though the person is no longer serving in the described

capacity.

5. Effectiveness of an endorsement, instruction, or entitlement order is determined as of

the date the endorsement, instruction, or entitlement order is made, and an

endorsement, instruction, or entitlement order does not become ineffective by reason

of any later change of circumstances.
N.D. Cent. Code § 4.1-57-13 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-13
4.1-57-13. Seed commissioner - Appointment as trustee
Status: in_force

4.1-57-13. Seed commissioner - Appointment as trustee

1. If a person notifies the seed commissioner that a wholesale potato dealer has

breached any of the conditions for which security was given under this chapter, the

seed commissioner shall investigate the allegation.

2. The seed commissioner may hold a hearing to obtain additional testimony and

documentary evidence. If the seed commissioner determines that the allegation is

supportable, the seed commissioner shall apply to the district court of the county in

which the claim is alleged to have occurred for appointment as trustee.

3. Upon notice to the wholesale potato dealer as the court may prescribe or upon waiver

of notice by the dealer, the court shall hear the matter in a summary manner. If the

court determines that the dealer has breached any condition for which security was

given under this chapter and if the court determines that it would be in the best interest

of all persons holding claims against the dealer that the seed commissioner execute

the trust, the court shall issue an order appointing the seed commissioner as a trustee,

without bond. The seed commissioner shall proceed in the manner provided for in this

chapter.

4. The seed commissioner, as trustee, shall notify by certified mail all persons having

claims against the dealer that the claims must be filed with the seed commissioner by

a date certain. Any person who fails to file a claim within the time allotted is barred

from participation in any fund marshalled by the seed commissioner under this

chapter.

5. All moneys collected and received by the seed commissioner as trustee must be

deposited in the Bank of North Dakota pending the marshalling of the fund.
N.D. Cent. Code § 41-01-19 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-19
41-01-19. (1-305) Remedies to be liberally administered
Status: in_force

41-01-19. (1-305) Remedies to be liberally administered

1. The remedies provided under this title must be liberally administered to the end that

the aggrieved party may be put in as good a position as if the other party had fully

performed but neither consequential or special damages nor penal damages may be

had except as specifically provided under this title or by other rule of law.

2. Any right or obligation declared under this title is enforceable by action unless the

provision declaring the right or obligation specifies a different and limited effect.
N.D. Cent. Code § 4.1-08-07 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-07
4.1-08-07. Commissioner - Powers
Status: in_force

4.1-08-07. Commissioner - Powers

The commissioner may:

1. Expend moneys appropriated under this chapter for the purposes set forth in section

4.1-08-06, provided the commissioner first consults with the board of directors of the

North Dakota beekeepers' association; and

2. Do all things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 4.1-53-21 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-21
4.1-53-21. Vegetable seed - Label requirements
Status: in_force

4.1-53-21. Vegetable seed - Label requirements

1. Each container of vegetable seed offered for sale or sold in this state, for planting

purposes, must be labeled.

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

to the container.
N.D. Cent. Code § 4.1-21-05 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-05
4.1-21-05. Distribution of seeds and planting stock
Status: in_force

4.1-21-05. Distribution of seeds and planting stock

Seeds and planting stock from the state nursery may be distributed by the state forester to

citizens and landowners of this state upon payment by them of a price not greater than one

hundred ten percent of the cost to the state of production in the case of planting stock or

collection in the case of seeds, and the cost of transportation from the nursery. The seeds and

planting stock may be used to establish or reestablish forests, windbreaks, shelterbelts, living

snow fences, farm woodlots, Christmas tree plantings, wildlife habitats, and other conservation

tree plantings and for erosion control and water quality management.
N.D. Cent. Code § 4.1-43-03 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-03
4.1-43-03. Regulations for sale
Status: in_force

4.1-43-03. Regulations for sale

A person may not sell, offer for sale, expose for sale, or possess with the intent to sell, any

livestock medicine:

1. That is sold under a name, brand, trademark, or labeling that is misleading, deceptive,

false, or dangerous to animals under the conditions of use prescribed in the labeling or

advertising;

2. That purports to cure any infectious disease of domestic animals for which no genuine

cure is known;

3. That has not been registered by the commissioner for sale in this state;

4. That does not have printed or written upon the label of each package sold at retail, in

type not less than one-fourth the size of the largest type on the package:

a. The common name, in English, of all active ingredients in the order of their

predominance in the product;

b. A statement of the actual percentage or relative amounts of each ingredient

active and inert, unless exemptions are established by rules adopted by the

commissioner;

c. The net contents, by weight, measure, or numerical count of the package;

d. The name and principal address of the manufacturer or person responsible for

placing the livestock medicine on the market; and

e. Complete and explicit directions for use of the medicine.

5. If the contents of the package as originally manufactured have been removed in whole

or in part, and other contents have been placed in the package.
N.D. Cent. Code § 4.1-15-01 — ND Code / Title 4.1 / Chapter 4.1-15 / Section 4.1-15-01
4.1-15-01. Northern crops institute - Northern crops council - Powers and duties - Gifts and grants - Continuing appropriation
Status: in_force

4.1-15-01. Northern crops institute - Northern crops council - Powers and duties -

Gifts and grants - Continuing appropriation.

1. The northern crops institute is administered by and in conjunction with North Dakota

state university.

2. The northern crops council, in consultation with the president of North Dakota state

university, shall appoint the director of the northern crops institute and may remove the

director for cause. The director shall manage the institute, hire and compensate

necessary personnel within the limits of legislative appropriations, prepare a biennial

budget, and serve as executive secretary to the northern crops council. The council

shall fix the salary of the director, within the limits of legislative appropriations, in

consultation with the president of North Dakota state university.

3. The president of North Dakota state university may participate in the hiring of a

director for the institute, including serving on search committees, advertising, and

interviewing and negotiating with candidates.

4. Funds appropriated to the northern crops institute may not be commingled with funds

appropriated to North Dakota state university. Appropriation requests of the northern

crops institute must be separate from appropriation requests of North Dakota state

university.
N.D. Cent. Code § 4.1-58-55 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-55
4.1-58-55. Filing fees and court costs - Expenses
Status: in_force

4.1-58-55. Filing fees and court costs - Expenses

1. In any action in a state court in this state, the commissioner may not be required to

pay any filing fee or other court costs or disbursements if the fees accrue to the county

or to the state.

2. The attorney general may employ outside legal services to assist the commissioner in

the prosecution of such action as in the attorney general's judgment may be necessary

and the commissioner shall deduct the expenses of the legal services from the trust

fund and the credit-sale contract indemnity fund as appropriate.

3. All other necessary expenses incurred by the commissioner in carrying out this

chapter, including adequate insurance to protect the commissioner, the

commissioner's employees, and others engaged in carrying out this chapter, must be

reimbursed to the commissioner from the trust fund and credit-sale indemnity funds as

appropriate.
N.D. Cent. Code § 4.1-55-11 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-11
4.1-55-11. Grade inspection certificate - Prima facie evidence
Status: in_force

4.1-55-11. Grade inspection certificate - Prima facie evidence

A grade inspection certificate issued by the seed commissioner is prima facie evidence that

the seed potatoes described in the certificate were of the grade, quality, and condition indicated

on the certificate at the time of inspection.
N.D. Cent. Code § 41-02.1-79 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-79
41-02.1-79. (2A-531) Standing to sue third parties for injury to goods
Status: in_force

41-02.1-79. (2A-531) Standing to sue third parties for injury to goods

1. If a third party so deals with goods that have been identified to a lease contract as to

cause actionable injury to a party to the lease contract, the lessor has a right of action

against the third party, and the lessee also has a right of action against the third party

if the lessee:

a. Has a security interest in the goods;

b. Has an insurable interest in the goods; or

c. Bears the risk of loss under the lease contract or has since the injury assumed

that risk as against the lessor and the goods have been converted or destroyed.

2. If at the time of the injury the party plaintiff did not bear the risk of loss as against the

other party to the lease contract and there is no arrangement between them for

disposition of the recovery, the plaintiff's suit or settlement, subject to the plaintiff's own

interest, is as a fiduciary for the other party to the lease contract.

3. Either party with the consent of the other may sue for the benefit of whom it may

concern.
N.D. Cent. Code § 4.1-58-09 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-09
4.1-58-09. Warehouseman to operate warehouse owned by another
Status: in_force

4.1-58-09. Warehouseman to operate warehouse owned by another

A warehouseman may operate under its license a warehouse owned by another person.

Storage performed for the person in the entire licensed warehouse is excepted from the storage

rate and discrimination provisions contained in sections 4.1-58-19 and 4.1-58-22 to the extent of

the person's owned capacity in the warehouse.
N.D. Cent. Code § 41-04.1-30 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-30
41-04.1-30. (4A-405) Payment by beneficiary's bank to beneficiary
Status: in_force

41-04.1-30. (4A-405) Payment by beneficiary's bank to beneficiary

1. If the beneficiary's bank credits an account of the beneficiary of a payment order,

payment of the bank's obligation under subsection 1 of section 41-04.1-29 occurs

when and to the extent the beneficiary is notified of the right to withdraw the credit, the

bank lawfully applies the credit to a debt of the beneficiary, or funds with respect to the

order are otherwise made available to the beneficiary by the bank.

2. If the beneficiary's bank does not credit an account of the beneficiary of a payment

order, the time when payment of the bank's obligation under subsection 1 of section

41-04.1-29 occurs is governed by principles of law that determine when an obligation

is satisfied.

3. Except as stated in subsections 4 and 5, if the beneficiary's bank pays the beneficiary

of a payment order under a condition to payment or agreement of the beneficiary

giving the bank the right to recover payment from the beneficiary if the bank does not

receive payment of the order, the condition to payment or agreement is not

enforceable.

4. A funds-transfer system rule may provide that payments made to beneficiaries of funds

transfers made through the system are provisional until receipt of payment by the

beneficiary's bank of the payment order it accepted. A beneficiary's bank that makes a

payment that is provisional under the rule is entitled to refund from the beneficiary if

the rule requires that both the beneficiary and the originator be given notice of the

provisional nature of the payment before the funds transfer is initiated, the beneficiary,

the beneficiary's bank and the originator's bank agreed to be bound by the rule, and

the beneficiary's bank did not receive payment of the payment order that it accepted. If

the beneficiary is obliged to refund payment to the beneficiary's bank, acceptance of

the payment order by the beneficiary's bank is nullified and no payment by the

originator of the funds transfer to the beneficiary occurs under section 41-04.1-31.

5. This subsection applies to a funds transfer that includes a payment order transmitted

over a funds-transfer system that nets obligations multilaterally among participants and

has in effect a loss-sharing agreement among participants for the purpose of providing

funds necessary to complete settlement of the obligations of one or more participants

that do not meet their settlement obligations. If the beneficiary's bank in the funds

transfer accepts a payment order and the system fails to complete settlement under its

rules with respect to any payment order in the funds transfer, the acceptance by the

beneficiary's bank is nullified and no person has any right or obligation based on the

acceptance; the beneficiary's bank is entitled to recover payment from the beneficiary;

no payment by the originator to the beneficiary occurs under section 41-04.1-31; and

subject to subsection 5 of section 41-04.1-27, each sender in the funds transfer is

excused from its obligation to pay its payment order under subsection 3 of section

41-04.1-27 because the funds transfer has not been completed.
N.D. Cent. Code § 4.1-04-10 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-10
4.1-04-10. Assessment
Status: in_force

4.1-04-10. Assessment

Until the commissioner certifies that a national corn checkoff is in effect, an assessment at

the rate of one-quarter of one percent of the value of a bushel must be imposed upon all corn

purchased by the first designated handler in this state.
N.D. Cent. Code § 4.1-40-07 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-07
4.1-40-07. Inspection fees - Tonnage reports - Penalty
Status: in_force

4.1-40-07. Inspection fees - Tonnage reports - Penalty

1. a. An inspection fee of ten dollars or twenty cents per ton [907.18 kilograms],

whichever is greater, must be paid to the commissioner on all fertilizer, fertilizer

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

amendments distributed in this state.

b. This subsection does not apply to:

(1) Exchanges of product between manufacturers and distributors; or

(2) Individual fertilizers, fertilizer material, micronutrients, specialty fertilizers,

soil amendments, or plant amendments sold exclusively in packages of

ten pounds [4.54 kilograms] or less.

2. a. On or before January thirty-first, each licensed person who distributes a fertilizer,

fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant

amendment in this state shall:

(1) File with the commissioner a form stating the number of net tons [kilograms]

of each listed product distributed in this state during the preceding calendar

year; and

(2) Submit to the commissioner the inspection fee required by this section.

b. If a person fails to submit an inspection fee, at the time and in the manner

required by this section, the commissioner may impose a penalty of ten dollars or

ten percent of the amount due, whichever is greater.

c. The requirements of subdivisions a and b apply only to the last licensed person to

handle the same lot of fertilizer.

3. Each distributor shall keep all records regarding purchases and sales for a period

of three years. The records may be examined by the commissioner upon request.

4. The agriculture 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 § 4.1-25-40 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-40
4.1-25-40. Shared animal ownership agreement - Raw milk
Status: in_force

4.1-25-40. Shared animal ownership agreement - Raw milk

It is not a violation of this chapter to transfer or obtain raw milk under a shared animal

ownership agreement. A person may not resell raw milk or raw milk products obtained under a

shared animal ownership agreement.
N.D. Cent. Code § 4.1-15-03 — ND Code / Title 4.1 / Chapter 4.1-15 / Section 4.1-15-03
4.1-15-03. Purpose - Powers and duties
Status: in_force

4.1-15-03. Purpose - Powers and duties

The northern crops institute shall provide technical and marketing assistance through

specialized training courses and technical services that facilitate domestic and market

development and expanded sales of northern grown crops. The institute shall render services

including:

1. In-plant consultations regarding crop quality problems, product manufacturing, and

possible purchasing methods and standards.

2. Short courses in product milling and processing, plant management, county elevator

management, grain grading, and marketing of crops.

3. Educational and career and technical education training programs in milling,

processing, manufacturing, purchasing methods, marketing procedures, product sales

techniques, and other related subjects to be conducted for users of northern crops.

4. Short-term investigations, consultation, evaluation, and research to solve technical

problems involved in the maintenance of quality and utilization of northern crops.

5. Annual surveys and quality analyses of new northern crops and monitoring of the

quality and condition of commodities in market channels.

6. Research on northern crop damage problems and solutions.

7. Identification of problem areas in marketing northern crops abroad.

8. Preparation of instructional, informational, and reference publications on the end use,

technical aspects of marketing, and utilization of northern crops for distribution

domestically and abroad.
N.D. Cent. Code § 41-07-10 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-10
41-07-10. (7-204) Duty of care - Contractual limitation of warehouse's liability
Status: in_force

41-07-10. (7-204) Duty of care - Contractual limitation of warehouse's liability

1. A warehouse is liable for damages for loss of or injury to the goods caused by its

failure to exercise care with regard to the goods that a reasonably careful person

would exercise under similar circumstances. Unless otherwise agreed, the warehouse

is not liable for damages that could not have been avoided by the exercise of that

care.

2. Damages may be limited by a term in the warehouse receipt or storage agreement

limiting the amount of liability in case of loss or damage beyond which the warehouse

is not liable. Such a limitation is not effective with respect to the warehouse's liability

for conversion to its own use. On request of the bailor in a record at the time of signing

the storage agreement or within a reasonable time after receipt of the warehouse

receipt, the warehouse's liability may be increased on part or all of the goods covered

by the storage agreement or the warehouse receipt. In this event, increased rates may

be charged based on an increased valuation of the goods.

3. Reasonable provisions as to the time and manner of presenting claims and

commencing actions based on the bailment may be included in the warehouse receipt

or storage agreement.

4. This section does not modify or repeal chapter 4.1-58.
N.D. Cent. Code § 4.1-53-08 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-08
4.1-53-08. Seed commission - Powers
Status: repealed

4.1-53-08. Seed commission - Powers

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-58-03 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-03
4.1-58-03. Federal licensed inspector and employees
Status: in_force

4.1-58-03. Federal licensed inspector and employees

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

necessary to carry out this chapter.
N.D. Cent. Code § 4.1-10-13 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-13
4.1-10-13. Refund of assessment - Letters of request
Status: in_force

4.1-10-13. Refund of assessment - Letters of request

1. To receive a refund of any assessments paid in accordance with this chapter, a

producer shall:

a. Between January first and July fifteenth, submit a letter to the council indicating

that the producer intends to request a refund of assessments paid on potatoes

grown during that calendar year; and

b. Between June first and June fifteenth of the calendar year following the date of

the letter required by subdivision a, submit a letter to the council requesting the

refund of assessments paid by the producer on potatoes grown during the

previous calendar year.

2. Upon verification that the requirements of this section have been met, the council shall

provide the requested refund to the producer.

3. Notwithstanding subsections 1 and 2, a producer is not entitled to a refund under this

section unless the refundable amount meets or exceeds five dollars.
N.D. Cent. Code § 4.1-59-17 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-17
4.1-59-17. Reports to be made by grain buyers - Penalty for failure - Confidential records
Status: in_force

4.1-59-17. Reports to be made by grain buyers - Penalty for failure - Confidential

records.

1. Each licensed and bonded grain buyer shall:

a. Prepare for each month a report giving facts and information called for on the

form of report prepared by the commissioner.

(1) The report must contain or be verified by a written declaration the report is

made under the penalties of perjury.

(2) The report may be called for more frequently if the commissioner deems

necessary.

(3) Information pertaining to the value of grain handled is a confidential trade

secret and is not a public record. The commissioner may make this

information available for use by other governmental entities, but the

information may not be released by those entities in a manner that

jeopardizes the confidentiality of individual licensees.

b. File the report with the commissioner not later than the last day of the following

month. Failure to file this report promptly is cause for revoking the grain buyer

license after due notice and hearing.

c. Keep a separate account of the grain business. If the grain buyer is engaged in

handling or selling any other commodity, the grain account and other accounts

may not be mixed.

d. Submit additional information requested by the commissioner pursuant to a report

or an inspection within five business days.

2. The commissioner may refuse to renew a license to any grain buyer that fails to make

a required report.
N.D. Cent. Code § 4.1-21-07 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-07
4.1-21-07. Obligations incurred in acquiring land - Payment
Status: in_force

4.1-21-07. Obligations incurred in acquiring land - Payment

Obligations incurred by the state forester in the acquisition of land under this chapter must

be paid solely and exclusively from revenues derived from that land, and may not impose any

liability upon the general credit and taxing power of the state.
N.D. Cent. Code § 4.1-40.1-09 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-09
4.1-40.1-09. Unlawful acts
Status: in_force

4.1-40.1-09. Unlawful acts

It is unlawful for a person to:

1. Distribute an unregistered beneficial substance, unless exempt from the registration

requirements of this section;

2. Distribute a misbranded or adulterated beneficial substance;

3. Distribute a beneficial substance if the label does not reflect its composition;

4. Distribute a product as a beneficial substance if the sole function is to serve as a

pesticide;

5. Fail to supply the commissioner with an analysis of a beneficial substance when

requested by the commissioner or the commissioner's designee;

6. Fail to disclose on the label sources of potentially deleterious components;

7. Fail to cease distribution of any beneficial substance for which the commissioner has

issued a stop sale order; or

8. Obstruct the commissioner in the performance of the duties under this chapter.
N.D. Cent. Code § 41-04.1-15 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-15
41-04.1-15. (4A-207) Misdescription of beneficiary
Status: in_force

41-04.1-15. (4A-207) Misdescription of beneficiary

1. Subject to subsection 2, if, in a payment order received by the beneficiary's bank, the

name, bank account number, or other identification of the beneficiary refers to a

nonexistent or unidentifiable person or account, no person has rights as a beneficiary

of the order and acceptance of the order cannot occur.

2. If a payment order received by the beneficiary's bank identifies the beneficiary both by

name and by an identifying or bank account number and the name and number

identify different persons, the following rules apply:

a. Except as otherwise provided in subsection 3, if the beneficiary's bank does not

know that the name and number refer to different persons, it may rely on the

number as the proper identification of the beneficiary of the order. The

beneficiary's bank need not determine whether the name and number refer to the

same person.

b. If the beneficiary's bank pays the person identified by name or knows that the

name and number identify different persons, no person has rights as beneficiary

except the person paid by the beneficiary's bank if that person was entitled to

receive payment from the originator of the funds transfer. If no person has rights

as beneficiary, acceptance of the order cannot occur.

3. If a payment order described in subsection 2 is accepted, the originator's payment

order described the beneficiary inconsistently by name and number, and the

beneficiary's bank pays the person identified by number as permitted by subdivision a

of subsection 2, the following rules apply:

a. If the originator is a bank, the originator is obliged to pay its order.

b. If the originator is not a bank and proves that the person identified by number was

not entitled to receive payment from the originator, the originator is not obliged to

pay its order unless the originator's bank proves that the originator, before

acceptance of the originator's order, had notice that payment of a payment order

issued by the originator might be made by the beneficiary's bank on the basis of

an identifying or bank account number even if it identifies a person different from

the named beneficiary. Proof of notice may be made by any admissible evidence.

The originator's bank satisfied the burden of proof if it proves that the originator,

before the payment order was accepted, signed a record stating the information

to which the notice relates.

4. In a case governed by subdivision a of subsection 2, if the beneficiary's bank rightfully

pays the person identified by number and that person was not entitled to receive

payment from the originator, the amount paid may be recovered from that person to

the extent allowed by the law governing mistake and restitution as follows:

a. If the originator is obliged to pay its payment order as stated in subsection 3, the

originator has the right to recover.

b. If the originator is not a bank and is not obliged to pay its payment order, the

originator's bank has the right to recover.
N.D. Cent. Code § 41-04.1-29 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-29
41-04.1-29. (4A-404) Obligation of beneficiary's bank to pay and give notice to beneficiary
Status: in_force

41-04.1-29. (4A-404) Obligation of beneficiary's bank to pay and give notice to

beneficiary.

1. Subject to subsection 5 of section 41-04.1-19 and subsections 4 and 5 of section

41-04.1-30, if a beneficiary's bank accepts a payment order, the bank is obliged to pay

the amount of the order to the beneficiary of the order. Payment is due on the payment

date of the order, but if acceptance occurs on the payment date after the close of the

funds-transfer business day of the bank, payment is due on the next funds-transfer

business day. If the bank refuses to pay after demand by the beneficiary and receipt of

notice of particular circumstances that will give rise to consequential damages as a

result of nonpayment, the beneficiary may recover damages resulting from the refusal

to pay to the extent the bank had notice of the damages, unless the bank proves that it

did not pay because of a reasonable doubt concerning the right of the beneficiary to

payment.

2. If a payment order accepted by the beneficiary's bank instructs payment to an account

of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order

before midnight of the next funds-transfer business day following the payment date. If

the payment order does not instruct payment to an account of the beneficiary, the bank

is required to notify the beneficiary only if notice is required by the order. Notice may

be given by first-class mail or any other means reasonable in the circumstances. If the

bank fails to give the required notice, the bank is obliged to pay interest to the

beneficiary on the amount of the payment order from the day notice should have been

given until the day the beneficiary learned of receipt of the payment order by the bank.

No other damages are recoverable. Reasonable attorney's fees are also recoverable if

demand for interest is made and refused before an action is brought on the claim.

3. The right of a beneficiary to receive payment and damages as stated in subsection 1

may not be varied by agreement or a funds-transfer system rule. The right of a

beneficiary to be notified as stated in subsection 2 may be varied by agreement of the

beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule

before initiation of the funds transfer.
N.D. Cent. Code § 4.1-58-15 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-15
4.1-58-15. Scale ticket - Contents - Conversion
Status: in_force

4.1-58-15. Scale ticket - Contents - Conversion

1. Every public warehouseman, upon receiving grain into the warehouse, shall issue a

uniform scale ticket for each load of grain received.

a. The scale tickets must be numbered consecutively, and one copy of each ticket

must be retained and remain as a permanent record.

b. The original ticket must be delivered to the individual from which the grain is

received, upon receipt of each load of grain.

c. All scale tickets must be converted into cash, noncredit-sale contracts, credit-sale

contracts, or warehouse receipts, within thirty days after the grain is delivered to

the warehouse.

2. This chapter does not require a warehouseman to receive, store, or purchase grain. A

warehouseman shall publish and post, in a conspicuous place in the warehouse, a

publication identifying whether storage will be available to patrons or whether grain will

be accepted via cash or a credit-sale contract arrangement.

3. A producer that fails to convert a scale ticket in accordance with subsection 1 forfeits

any trust fund or credit-sale contract indemnity fund protection provided under sections

4.1-58-11, 4.1-58-21, and 4.1-58-45.
N.D. Cent. Code § 4.1-36-02 — ND Code / Title 4.1 / Chapter 4.1-36 / Section 4.1-36-02
4.1-36-02. Project scope and evaluation
Status: in_force

4.1-36-02. Project scope and evaluation

The project described in section 4.1-36-01 must occur in areas to be determined by the

agriculture commissioner in consultation with the advisory board described in section 4.1-36-01.
N.D. Cent. Code § 41-02-42 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-42
41-02-42. (2-325) Letter of credit term - Confirmed credit
Status: in_force

41-02-42. (2-325) Letter of credit term - Confirmed credit

1. Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the

contract for sale.

2. The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay.

If the letter of credit is dishonored, the seller may on seasonable notification to the

buyer require payment directly from the buyer.

3. Unless otherwise agreed, the term "letter of credit" or "banker's credit" in a contract for

sale means an irrevocable credit issued by a financing agency of good repute and, if

the shipment is overseas, of good international repute. The term "confirmed credit"

means that the credit must also carry the direct obligation of such an agency which

does business in the seller's financial market.
N.D. Cent. Code § 4.1-37-15 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-15
4.1-37-15. Enforcement
Status: in_force

4.1-37-15. Enforcement

1. The agriculture commissioner shall enforce the requirements of this chapter and any

rules issued under it.

2. The commissioner may bring an action to enjoin the violation or threatened violation of

this chapter, or any rule issued pursuant to this chapter, in the district court of the

county in which the violation occurs or may occur.

3. The agriculture commissioner may issue a cease and desist order to any person

allegedly violating this chapter. If any person violates the cease and desist order, the

commissioner shall file the appropriate criminal complaint.

4. The agriculture commissioner may enter upon any public or private premises at

reasonable times to:

a. Inspect any equipment subject to this chapter and the premises on which the

equipment is stored or used;

b. Inspect or investigate complaints; or

c. Inspect any premises or other place where anhydrous ammonia or related

devices are held for distribution, sale, or use.

5. If a civil penalty is imposed under section 4.1-37-16 by the agriculture commissioner

through an administrative hearing and the civil penalty is not paid, the commissioner

may initiate a civil action in any appropriate court. Additionally, the commissioner may

suspend or revoke a license issued under this chapter for failure to pay a civil penalty

within thirty days after a final determination is made.
N.D. Cent. Code § 4.1-21-03 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-03
4.1-21-03. Powers - Cooperative state agreements
Status: in_force

4.1-21-03. Powers - Cooperative state agreements

Under the general supervision of the board of higher education, the state forester may:

1. Establish procedures for the administration of this chapter.

2. Provide grants to, and enter cooperative agreements with, public and private entities

for purposes consistent with this chapter.

3. Establish councils to advise the state forester on the administration of this chapter.
N.D. Cent. Code § 41-02-83 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-83
41-02-83. (2-704) Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
Status: in_force

41-02-83. (2-704) Seller's right to identify goods to the contract notwithstanding

breach or to salvage unfinished goods.

1. An aggrieved seller under section 41-02-82 may:

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

seller learned of the breach they are in the seller's possession or control.

b. Treat as the subject of resale goods which have demonstrably been intended for

the particular contract even though those goods are unfinished.

2. If the goods are unfinished, an aggrieved seller may in the exercise of reasonable

commercial judgment for the purposes of avoiding loss and of effective realization

either complete the manufacture and wholly identify the goods to the contract or cease

manufacture and resell for scrap or salvage value or proceed in any other reasonable

manner.
N.D. Cent. Code § 4.1-34-03 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-03
4.1-34-03. Registration - Fees - Deposit of collections
Status: in_force

4.1-34-03. Registration - Fees - Deposit of collections

1. Before selling or offering for sale any pesticide for use within this state, a person shall

file biennially with the commissioner an application for registration of the pesticide. The

application must:

a. Give the name and address of each manufacturer or distributor.

b. Give the name and brand of each product to be registered.

c. Be accompanied by a current label of each product to be registered.

d. Be accompanied by a registration fee of three hundred fifty dollars for each

product to be registered.

e. Be accompanied by a material safety data sheet for each product to be

registered.

2. The commissioner may require an applicant or registrant to provide efficacy, toxicity,

residue, and any other data necessary to determine if the pesticide will perform its

intended function without unreasonable adverse effects on the environment. If the

commissioner finds the application conforms to law, the commissioner shall issue to

the applicant a certificate of registration of the product.

3. Each registration covers a designated two-year period beginning January first of each

even-numbered year and expiring December thirty-first of the following year. A

certificate of registration may not be issued for a term longer than two years, and is not

transferable from one person to another, or from the ownership to which it is issued to

another ownership. A penalty of fifty percent of the license or registration fee must be

imposed if the license or certificate of registration is not applied for on or before

January thirty-first following the expiration date. Each product must go through a

two-year discontinuance period in order to clear all outstanding products in the

channel of trade.

4. This section does not apply to a pesticide sold by a retail dealer if the registration fee

has been paid by the manufacturer, jobber, or any other person, as required by this

section.

5. At the close of each calendar month, the commissioner shall transmit to the state

treasurer all moneys received for the registrations under this section. The state

treasurer shall credit the registration fees to the environment and rangeland protection

fund.
N.D. Cent. Code § 41-09-09 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-09
41-09-09. (9-109) Scope
Status: in_force

41-09-09. (9-109) Scope

1. Except as otherwise provided in subsections 3 and 4, this chapter applies to:

a. A transaction, regardless of its form, that creates a security interest in personal

property or fixtures by contract;

b. An agricultural lien;

c. A sale of accounts, chattel paper, payment intangibles, or promissory notes;

d. A consignment;

e. A security interest arising under section 41-02-46, section 41-02-53, subsection 3

of section 41-02-90, or subsection 5 of section 41-02.1-56, as provided in section

41-09-10; and

f. A security interest arising under section 41-04-22 or 41-05-18.

2. Except as provided in section 47-19-41, the application of this chapter to a security

interest in a secured obligation is not affected by the fact that the obligation is itself

secured by a transaction or interest to which this chapter does not apply.

3. This chapter does not apply to the extent that:

a. A statute, regulation, or treaty of the United States preempts this chapter;

b. A statute of another state, a foreign country, or a governmental unit of another

state or a foreign country, other than a statute generally applicable to security

interests, expressly governs creation, perfection, priority, or enforcement of a

security interest created by the state, country, or governmental unit; or

c. The rights of a transferee beneficiary or nominated person under a letter of credit

are independent and superior under section 41-05-14.

4. This chapter does not apply to:

a. A landlord's lien, other than an agricultural lien;

b. A lien, other than an agricultural lien, given by statute or other rule of law for

services or materials, but section 41-09-53 applies with respect to priority of the

lien;

c. An assignment of a claim for wages, salary, or other compensation of an

employee;

d. A sale of accounts, chattel paper, payment intangibles, or promissory notes as

part of a sale of the business out of which they arose;

e. An assignment of accounts, chattel paper, payment intangibles, or promissory

notes which is for the purpose of collection only;

f. An assignment of a right to payment under a contract to an assignee that is also

obligated to perform under the contract;

g. An assignment of a single account, payment intangible, or promissory note to an

assignee in full or partial satisfaction of a pre-existing indebtedness;

h. A transfer of an interest in or an assignment of a claim under a policy of

insurance, other than an assignment by or to a health care provider of a health

care insurance receivable and any subsequent assignment of the right to

payment, but sections 41-09-35 and 41-09-42 apply with respect to proceeds and

priorities in proceeds;

i. An assignment of a right represented by a judgment, other than a judgment taken

on a right to payment that was collateral;

j. A right of recoupment or setoff, but:

(1) Section 41-09-60 applies with respect to the effectiveness of rights of

recoupment or setoff against deposit accounts or certificates of deposit; and

(2) Section 41-09-66 applies with respect to defenses or claims of an account

debtor;

k. The creation or transfer of an interest in or lien on real property, including a lease

or rents thereunder, except to the extent that provision is made for:

(1) Liens on real property in sections 41-09-13 and 41-09-28;

(2) Fixtures in section 41-09-54;

(3) Fixture filings in sections 41-09-72, 41-09-73, 41-09-87, and 41-09-90; and

(4) Security agreements covering personal and real property in section

41-09-101;

l. An assignment of a claim arising in tort, other than a commercial tort claim, but

sections 41-09-35 and 41-09-42 apply with respect to proceeds and priorities in

proceeds; or

m. A transfer by this state or a governmental unit of this state.
N.D. Cent. Code § 4.1-25-20 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-20
4.1-25-20. Trust fund report - Notice to claimants - Approving or modifying report
Status: in_force

4.1-25-20. Trust fund report - Notice to claimants - Approving or modifying report

Upon recovery of the trust fund, or so much as is possible to recover, or as is necessary to

pay all outstanding claims, the department shall file a report in court showing the amount

payable upon each claim, after recognizing any proper liens, pledges, assignments, or

deductions with legal interest. If the fund proves insufficient to redeem all claims in full, the fund

must be prorated among the claimants in a manner the department deems fair and equitable.

Once the report is received from the department, the court shall notify all claimants by mail to

appear on a day fixed in the notice and show cause why the report should not be approved and

the funds distributed as outlined in the report. Upon such hearing the court shall approve or

modify the report as justice may require and shall issue an order directing the distribution of the

fund and discharging the department as trustee.
N.D. Cent. Code § 41-09-98 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-98
41-09-98. (9-601) Rights after default - Judicial enforcement - Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes
Status: in_force

41-09-98. (9-601) Rights after default - Judicial enforcement - Consignor or buyer of

accounts, chattel paper, payment intangibles, or promissory notes.

1. After default, a secured party has the rights provided in this part and, except as

otherwise provided in section 41-09-99, those provided by agreement of the parties. A

secured party:

a. May reduce a claim to judgment, foreclose, or otherwise enforce the claim,

security interest, or agricultural lien by any available judicial procedure; and

b. If the collateral is documents, may proceed either as to the documents or as to

the goods they cover.

2. A secured party in possession of collateral or control of collateral under section

41-07-06, 41-09-04, 41-09-05, 41-09-05.1, 41-09-06, 41-09-07, or 41-09-07.1 has the

rights and duties provided in section 41-09-17.

3. The rights under subsections 1 and 2 are cumulative and may be exercised

simultaneously.

4. Except as otherwise provided in subsection 7 and section 41-09-102, after default, a

debtor and an obligor have the rights provided in this part and by agreement of the

parties.

5. If a secured party has reduced its claim to judgment, the lien of any levy that may be

made upon the collateral by virtue of an execution based upon the judgment relates

back to the earliest of:

a. The date of perfection of the security interest or agricultural lien in the collateral;

b. The date of filing a financing statement covering the collateral; or

c. Any date specified in a statute under which the agricultural lien was created.

6. A sale pursuant to an execution is a foreclosure of the security interest or agricultural

lien by judicial procedure within the meaning of this section. A secured party may

purchase at the sale and thereafter hold the collateral free of any other requirements

of this chapter.

7. Except as otherwise provided in subsection 3 of section 41-09-104, sections 41-09-98

through 41-09-123 impose no duties upon a secured party that is a consignor or is a

buyer of accounts, chattel paper, payment intangibles, or promissory notes.
N.D. Cent. Code § 4.1-72-01 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-01
4.1-72-01. North Dakota stockmen's association - Statutory authority
Status: in_force

4.1-72-01. North Dakota stockmen's association - Statutory authority

1. The North Dakota stockmen's association is a livestock association organized under

the laws of this state and registered as a market agency under the Packers and

Stockyards Act, 1921 [7 U.S.C. 181 et seq.]:

a. For the protection of the livestock industry of this state; and

b. To secure uniformity of inspection and cooperation with the United States

department of agriculture.

2. The association shall inspect all cattle, horses, and mules, which are shipped or

consigned to any livestock auction market, buying station, or packing plant, in this

state, and all those that are shipped or consigned to a livestock auction market, buying

station, or packing plant, located outside this state, if brand inspection services are

provided in accordance with section 4.1-73-24, for the purpose of determining or

verifying ownership and for any other purpose established by law.
N.D. Cent. Code § 41-04-39 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-39
41-04-39. (4-501) Handling of documentary drafts - Duty to send for presentment and to notify customer of dishonor
Status: in_force

41-04-39. (4-501) Handling of documentary drafts - Duty to send for presentment and

to notify customer of dishonor.

A bank that takes a documentary draft for collection must present or send the draft and

accompanying documents for presentment and upon learning that the draft has not been paid or

accepted in due course must seasonably notify its customer of that fact even though it may

have discounted or bought the draft or extended credit available for withdrawal as of right.
N.D. Cent. Code § 41-02-29 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-29
41-02-29. (2-312) Warranty of title and against infringement - Buyer's obligation against infringement
Status: in_force

41-02-29. (2-312) Warranty of title and against infringement - Buyer's obligation

against infringement.

1. Subject to subsection 2, there is in a contract for sale a warranty by the seller that:

a. The title conveyed shall be good, and its transfer rightful; and

b. The goods shall be delivered free from any security interest or other lien or

encumbrance of which the buyer at the time of contracting has no knowledge.

2. A warranty under subsection 1 will be excluded or modified only by specific language

or by circumstances which give the buyer reason to know that the person selling does

not claim title in the person selling or that the person selling is purporting to sell only

such right or title as the person selling or a third person may have.

3. Unless otherwise agreed, a seller who is a merchant regularly dealing in goods of the

kind warrants that the goods shall be delivered free of the rightful claim of any third

person by way of infringement or the like but a buyer who furnishes specifications to

the seller must hold the seller harmless against any such claim which arises out of

compliance with the specifications.
N.D. Cent. Code § 4.1-73-28 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-28
4.1-73-28. Official brand book - Presumptive evidence
Status: in_force

4.1-73-28. Official brand book - Presumptive evidence

The official brand book published by the chief brand inspector must be received in all courts

of this state as presumptive evidence of the recording and ownership of livestock brands.
N.D. Cent. Code § 4.1-47-19 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-19
4.1-47-19. City weed board - Powers
Status: in_force

4.1-47-19. City weed board - Powers

A city weed board may:

1. Expend funds from all available sources if it determines that the extent of noxious

weed infestation on certain land is so severe that undertaking control efforts would

place an extreme financial burden on the landowner.

2. Employ and compensate additional personnel to assist with noxious weed control

efforts.
N.D. Cent. Code § 4.1-04-04 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-04
4.1-04-04. Election of county representative
Status: in_force

4.1-04-04. Election of county representative

1. a. No later than March first of the year in which the term of a council member is to

expire, the extension agent for each county in that member's district shall hold a

meeting of corn producers for the purpose of electing a county representative.

b. The council shall publish notice of the meeting in the official newspaper of the

county for two consecutive weeks. The last notice must be published no fewer

than five nor more than ten days before the meeting.

c. The meeting must be held within the county.

d. During the meeting, the county extension agent shall conduct the election.

e. Any producer who resides in the county and who did not request a refund during

the preceding year may vote in the election.

f. The county extension agent shall canvass the votes, notify the director of the

North Dakota state university extension service and the council that the election

has taken place, and provide to the director and the council the name and

address of the newly elected county representative.

2. Subsection 1 does not apply if the extension agent for a county, in consultation with

the executive director of the county farm service agency office, determines and notifies

the council that no corn producers willing to serve as county representatives reside

within the county.
N.D. Cent. Code § 4.1-21-02 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-02
4.1-21-02. State nursery - Maintenance - Purpose
Status: in_force

4.1-21-02. State nursery - Maintenance - Purpose

A state nursery, under the direction of the state forester, must be maintained at Towner. The

nursery shall propagate seeds and forest tree planting stock adapted to the climatic conditions

of this state.
N.D. Cent. Code § 4.1-01-17 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-17
4.1-01-17. Pipeline restoration and reclamation oversight program - Generally
Status: in_force

4.1-01-17. Pipeline restoration and reclamation oversight program - Generally

1. The commissioner shall establish a program providing technical assistance and

support to surface owners and surface tenants on pipeline restoration and followup

support to surface owners and surface tenants on pipeline reclamation.

2. The commissioner may contract for ombudsmen to be a resource for technical

assistance and followup on pipeline issues. The ombudsmen may not investigate or

assist with any pipeline installed before January 1, 2006, or regulated by the public

service commission under title 49, and may not assist in easement negotiations.

3. The program may provide technical education, support, and outreach on pipeline-

related matters in coordination with other entities.

4. The commissioner may contract with local individuals, deemed trustworthy by the

surface owners and surface tenants, to be ombudsmen. The commissioner is not

subject to the provisions of chapter 54-44.4 when contracting for the services of

ombudsmen.

5. The names of surface owners and surface tenants who receive assistance under the

program are closed records as defined in section 44-04-17.1.
N.D. Cent. Code § 41-02.1-38 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-38
41-02.1-38. (2A-308) Special rights of creditors
Status: in_force

41-02.1-38. (2A-308) Special rights of creditors

1. A creditor of a lessor in possession of goods subject to a lease contract may treat the

lease contract as void if as against the creditor retention of possession by the lessor is

fraudulent under any statute or rule of law, but retention of possession in good faith

and current course of trade by the lessor for a commercially reasonable time after the

lease contract becomes enforceable is not fraudulent.

2. Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract

becomes enforceable, not in current course of trade but in satisfaction of or as security

for a pre-existing claim for money, security, or the like, and the lease contract is made

under circumstances which under any statute or rule of law apart from this chapter

would constitute a fraudulent transfer or voidable preference.

3. A creditor of a seller may treat a sale or an identification of goods to contract for sale

as void if as against the creditor retention of possession by the seller is fraudulent

under any statute or rule of law, but retention of possession of the goods under a lease

contract entered into by the seller as lessee and the buyer as lessor in connection with

the sale or identification of the goods is not fraudulent if the buyer bought for value and

in good faith.
N.D. Cent. Code § 4.1-53-10 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-10
4.1-53-10. Seed commissioner - Powers
Status: repealed

4.1-53-10. Seed commissioner - Powers

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 41-03-02 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-02
41-03-02. (3-102) Subject matter
Status: in_force

41-03-02. (3-102) Subject matter

1. This chapter applies to negotiable instruments. It does not apply to money, to payment

orders governed by chapter 41-04.1, or to securities governed by chapter 41-08.

2. In the event of conflict between this chapter and chapter 41-04 or 41-09, chapters

41-04 and 41-09 prevail over this chapter.

3. 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 § 4.1-47-34 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-34
4.1-47-34. Noxious weed certification - Gravel and sand pits
Status: in_force

4.1-47-34. Noxious weed certification - Gravel and sand pits

1. If requested by any person needing certification, a county weed board may certify,

based on standards set by the commissioner after consulting with representatives of

county or city weed boards, gravel, scoria, topsoil, or sand surface mining operations

are not contaminated with noxious weeds.

2. The commissioner may adopt a schedule of fees that county weed boards may charge

for inspecting, testing, analyzing, and certifying gravel, scoria, topsoil, or sand surface

mining operations.

3. Certification of gravel, scoria, topsoil, or sand surface mining operations as being free

from contamination of noxious weeds is not a warranty of any kind as to the quality of

the gravel, scoria, topsoil, or sand from an inspected and certified location.
N.D. Cent. Code § 4.1-45-12 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-12
4.1-45-12. Bylaws, rules, and regulations
Status: in_force

4.1-45-12. Bylaws, rules, and regulations

The state fair association may make all bylaws, rules, and regulations, not inconsistent with

law, which it deems necessary or proper to carry out its responsibilities under this chapter and

for the government of the state fair grounds, and for all activities on the state fair grounds, and

for the protection, health, safety, and comfort of the public. The bylaws, rules, and regulations

are in effect from the time of filing with the secretary of the association.
N.D. Cent. Code § 4.1-09-02 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-02
4.1-09-02. Sunflower districts - Establishment
Status: in_force

4.1-09-02. Sunflower districts - Establishment

The state consists of the following seven sunflower districts:

1. Cavalier, Grand Forks, Nelson, Pembina, Ramsey, and Walsh Counties.

2. Barnes, Cass, Griggs, Steele, and Traill Counties.

3. Dickey, LaMoure, Ransom, Richland, and Sargent Counties.

4. Burleigh, Emmons, Kidder, Logan, McIntosh, and Stutsman Counties.

5. Benson, Eddy, Foster, Pierce, Rolette, Sheridan, Towner, and Wells Counties.

6. Bottineau, Burke, Divide, Renville, McHenry, McLean, Mountrail, Ward, and Williams

Counties.

7. Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, McKenzie, Mercer,

Morton, Oliver, Sioux, Slope, and Stark Counties.
N.D. Cent. Code § 4.1-45-04 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-04
4.1-45-04. Compensation and expenses of members
Status: in_force

4.1-45-04. Compensation and expenses of members

Each member of the board of directors is entitled to receive compensation in the amount of

one hundred thirty-five dollars per day plus reimbursement of expenses as provided by law for

state officers while attending meetings or performing duties directed by the board. The board of

directors may pay to members rendering unusual or special services to the association special

compensation appropriate to the value of the services.
N.D. Cent. Code § 41-02.1-77 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-77
41-02.1-77. (2A-529) Lessor's action for the rent
Status: in_force

41-02.1-77. (2A-529) Lessor's action for the rent

1. After default by the lessee under the lease contract as described in subsection 1 of

section 41-02.1-71 or subdivision a of subsection 3 of section 41-02.1-71 or, if agreed,

after other default by the lessee, if the lessor complies with subsection 2, the lessor

may recover from the lessee as damages:

a. For goods accepted by the lessee and not repossessed by or tendered to the

lessor, and for conforming goods lost or damaged within a commercially

reasonable time after risk of loss passes to the lessee (section 41-02.1-28),

accrued and unpaid rent as of the date of entry of judgment in favor of the lessor

the present value as of the same date of the rent for the then remaining lease

term of the lease agreement, and any incidental damages allowed under section

41-02.1-78, less expenses saved in consequence of the lessee's default; and

b. For goods identified to the lease contract if the lessor is unable after reasonable

effort to dispose of them at a reasonable price or the circumstances reasonably

indicate that effort will be unavailing, accrued and unpaid rent as of the date of

entry of judgment in favor of the lessor, the present value as of the same date of

the rent for the then remaining lease term of the lease agreement, and any

incidental damages allowed under section 41-02.1-78, and the lessor will cause

an appropriate credit to be provided against any judgment for damages to the

extent that the amount of the judgment exceeds the recovery available under

section 41-02.1-75 or 41-02.1-76, less expenses saved in consequence of the

lessee's default.

2. Except as provided in subsection 3, the lessor shall hold for the lessee for the

remaining lease term of the lease agreement any goods that have been identified to

the lease contract and are in the lessor's control.

3. The lessor may dispose of the goods at any time before collection of the judgment for

damages obtained under subsection 1. If the disposition is before the end of the

remaining lease term of the lease agreement, the lessor's recovery against the lessee

for damages will be governed by section 41-02.1-75 or 41-02.1-76.

4. Payment of the judgment for damages obtained under subsection 1 entitles the lessee

to use and possession of the goods not then disposed of for the remaining lease term

of and in accordance with the lease agreement.

5. After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to

pay rent then due, or has repudiated (section 41-02.1-42), a lessor who is held not

entitled to rent under this section must nevertheless be awarded damages for

nonacceptance under sections 41-02.1-75 and 41-02.1-76.
N.D. Cent. Code § 41-03-43 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-43
41-03-43. (3-406) Negligence contributing to forged signature or alteration of instrument
Status: in_force

41-03-43. (3-406) Negligence contributing to forged signature or alteration of

instrument.

1. A person whose failure to exercise ordinary care substantially contributes to an

alteration of an instrument or to the making of a forged signature on an instrument is

precluded from asserting the alteration or the forgery against a person that, in good

faith, pays the instrument or takes it for value or for collection.

2. If the person asserting the preclusion fails to exercise ordinary care in paying or taking

the instrument and that failure substantially contributes to loss, the loss is allocated

between the person precluded and the person asserting the preclusion according to

the extent to which the failure of each to exercise ordinary care contributed to the loss.

3. Under subsection 1, the burden of proving failure to exercise ordinary care is on the

person asserting the preclusion. Under subsection 2, the burden of proving failure to

exercise ordinary care is on the person precluded.
N.D. Cent. Code § 4.1-37-03 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-03
4.1-37-03. License required - Anhydrous ammonia facilities and mobile storage container
Status: in_force

4.1-37-03. License required - Anhydrous ammonia facilities and mobile storage

container.

1. The owner or operator of an anhydrous ammonia storage facility or a mobile storage

container shall apply to the agriculture commissioner for a license to site and operate

the facility or mobile storage container. Neither an anhydrous ammonia storage facility

nor mobile storage container may be operated without a license issued by the

agriculture commissioner.

2. Any permanent anhydrous ammonia storage facility constructed before July 1, 1985, is

exempt from the siting requirements of this chapter and may receive a license under

this chapter regardless of noncompliance with the siting requirements.

3. The commissioner may deny a license for:

a. Failure to remit the proper fee;

b. Failure to comply with the siting requirements of this chapter and rules adopted

under this chapter if constructed after June 30, 1985; or

c. The facility failing to meet the initial inspection standards required by this chapter

and any rules adopted under this chapter.

4. To obtain a license, an applicant shall submit with the application drawings or

photographs showing, and a signed affidavit stating, the facility or mobile downloading

site has been measured and meets the siting requirements. The drawings or

photographs must show the proposed location of the tank and the surroundings in all

directions.

5. An applicant for a mobile storage container license also shall submit a certification

from the United States department of transportation.

6. The agriculture commissioner shall provide the board of county commissioners, of the

county in which the facility is located, a written notification of intent to issue a storage

facility operator's license for a new proposed facility. The written notification must

include copies of the submitted application materials. Upon receipt of the notification,

the county has forty-five days to request an allowance for a local zoning review. If a

local zoning review is requested, the agriculture commissioner shall allow the county

sixty days to complete the review and give written approval. If the county fails to

respond within the specified time frame the agriculture commissioner may issue a

license. If the county applies additional zoning requirements, the agriculture

commissioner may require compliance with local ordinance before issuing a license.
N.D. Cent. Code § 41-03-44 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-44
41-03-44. (3-407) Alteration
Status: in_force

41-03-44. (3-407) Alteration

1. "Alteration" means an unauthorized change in an instrument that purports to modify in

any respect the obligation of a party to the instrument or an unauthorized addition of

words or numbers or other change to an incomplete instrument relating to the

obligation of any party to the instrument.

2. Except as provided in subsection 3, an alteration fraudulently made discharges any

party whose obligation is affected by the alteration unless that party assents or is

precluded from asserting the alteration. No other alteration discharges any party, and

the instrument may be enforced according to its original terms.

3. A payor bank or drawee paying a fraudulently altered instrument or a person taking it

for value, in good faith and without notice of the alteration, may enforce rights with

respect to the instrument according to its original terms or in the case of an incomplete

instrument altered by unauthorized completion, according to its terms as completed.