N.D. Cent. Code § 41-09-115 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-115
41-09-115. (9-620) Acceptance of collateral in full or partial satisfaction of obligation - Compulsory disposition of collateral
Status: in_force

41-09-115. (9-620) Acceptance of collateral in full or partial satisfaction of obligation -

Compulsory disposition of collateral.

1. A secured party may accept collateral in full or partial satisfaction of the obligation it

secures only if:

a. The debtor consents to the acceptance under subsection 3;

b. The secured party does not receive, within the time set forth in subsection 4, a

notification of objection to the proposal signed by:

(1) A person to which the secured party was required to send a proposal under

section 41-09-116; or

(2) Any other person, other than the debtor, holding an interest in the collateral

subordinate to the security interest that is the subject of the proposal.

2. A purported or apparent acceptance of collateral under this section is ineffective

unless:

a. The secured party consents to the acceptance in a signed record or sends a

proposal to the debtor; and

b. The conditions of subsection 1 are met.

3. For purposes of this section:

a. A debtor consents to an acceptance of collateral in partial satisfaction of the

obligation it secures only if the debtor agrees to the terms of the acceptance in a

record signed after default; and

b. A debtor consents to an acceptance of collateral in full satisfaction of the

obligation it secures only if the debtor agrees to the terms of the acceptance in a

record signed after default or the secured party:

(1) Sends to the debtor after default a proposal that is unconditional or subject

only to a condition that collateral not in the possession of the secured party

be preserved or maintained;

(2) In the proposal, proposes to accept collateral in full satisfaction of the

obligation it secures; and

(3) Does not receive a notification of objection signed by the debtor within

twenty days after the proposal is sent.

4. To be effective under subdivision c of subsection 1, a notification of objection must be

received by the secured party:

a. In the case of a person to which the proposal was sent pursuant to section

41-09-116, within twenty days after notification was sent to that person; and

b. In other cases:

(1) Within twenty days after the last notification was sent pursuant to section

41-09-116; or

(2) If a notification was not sent, before the debtor consents to the acceptance

under subsection 3.
N.D. Cent. Code § 4.1-07-07 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-07
4.1-07-07. Election of chairman - Meetings
Status: in_force

4.1-07-07. Election of chairman - Meetings

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

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

the council within seven days when petitioned to do so by three council members.
N.D. Cent. Code § 4.1-33-25 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-25
4.1-33-25. Disposition of funds - Certification and training fund
Status: in_force

4.1-33-25. Disposition of funds - Certification and training fund

All moneys received by the pesticide control board under this chapter must be deposited to

the credit of the certification and training fund under the control of the board.
N.D. Cent. Code § 4.1-23-08 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-08
4.1-23-08. Penalties
Status: in_force

4.1-23-08. Penalties

1. It is a class A misdemeanor for:

a. Any person to violate any provision of this chapter or use without authority any

certificate or permit or other document provided for in this chapter or in the rules

of the commissioner provided for in this chapter; or

b. Any person to knowingly move any regulated article into this state from any

quarantined area of any other state, when the article has not been treated or

handled under provisions of the quarantine and rules at the point of origin.

2. In addition to criminal sanctions, a person found guilty of violating this chapter or rules

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

civil penalty may be adjudicated by the courts or by the commissioner through an

administrative hearing pursuant to chapter 28-32. The commissioner may maintain an

appropriate civil action in the name of the state against any person violating this

chapter.
N.D. Cent. Code § 4.1-13-07 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-07
4.1-13-07. County representative - Additional duties - Reimbursement of expenses
Status: in_force

4.1-13-07. County representative - Additional duties - Reimbursement of expenses

In addition to any other duties established in section 4.1-13-06, the commission may require

county representatives to attend meetings for the purpose of promoting commission programs

and to perform other duties as directed by the commission. The commission shall reimburse the

expenses of county representatives who perform such additional duties in the same manner as

that provided by law for state officials.
N.D. Cent. Code § 4.1-20-35 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-35
4.1-20-35. Petition to board of adjustment to vary land use regulations - Service - Hearing - Board's powers
Status: in_force

4.1-20-35. Petition to board of adjustment to vary land use regulations - Service -

Hearing - Board's powers.

Any qualified elector residing in the district may file a petition with the board of adjustment

seeking a variance from strictly complying with the land use regulations. Copies of a petition

must be served upon the chairman of the supervisors of the district where the lands are located

and upon the chairman of the committee. The board shall fix a time for the hearing of the

petition and cause due notice of the hearing to be given. The petitioner may appear in person,

by agent, or by attorney at the hearing and the supervisors and the committee may appear and

be heard. If the board determines on the facts presented at the hearing that there are great

practical difficulties or unnecessary hardships in the way of applying the strict letter of any of the

land use regulations upon the lands of the petitioner, the board shall make and record the

determination and findings of fact as to the specific conditions that establish the great practical

difficulties or unnecessary hardships. Upon the findings and determination, the board may enter

an order authorizing a variance from the terms of the land use regulations in its application to

the lands of the petitioner consistent with the spirit of the land use regulations, and with

substantial justice and the public health, safety, and welfare.
N.D. Cent. Code § 41-04.1-17 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-17
41-04.1-17. (4A-209) Acceptance of payment order
Status: in_force

41-04.1-17. (4A-209) Acceptance of payment order

1. Subject to subsection 4, a receiving bank other than the beneficiary's bank accepts a

payment order when it executes the order.

2. Subject to subsections 3 and 4, a beneficiary's bank accepts a payment order at the

earliest of the following times:

a. When the bank pays the beneficiary as stated in subsection 1 or 2 of section

41-04.1-30 or notifies the beneficiary of receipt of the order or that the account of

the beneficiary has been credited with respect to the order unless the notice

indicates that the bank is rejecting the order or that funds with respect to the

order may not be withdrawn or used until receipt of payment from the sender of

the order.

b. When the bank receives payment of the entire amount of the sender's order

under subdivision a or b of subsection 1 of section 41-04.1-28.

c. The opening of the next funds-transfer business day of the bank following the

payment date of the order if, at that time, the amount of the sender's order is fully

covered by a withdrawable credit balance in an authorized account of the sender

or the bank has otherwise received full payment from the sender, unless the order

was rejected before that time or is rejected within one hour after that time or one

hour after the opening of the next business day of the sender following the

payment date if that time is later. If notice of rejection is received by the sender

after the payment date and the authorized account of the sender does not bear

interest, the bank is obliged to pay interest to the sender on the amount of the

order for the number of days elapsing after the payment date to the day the

sender receives notice or learns that the order was not accepted, counting that

day as an elapsed day. If the withdrawable credit balance during that period falls

below the amount of the order, the amount of interest payable is reduced

accordingly.

3. Acceptance of a payment order cannot occur before the order is received by the

receiving bank. Acceptance does not occur under subdivision b or c of subsection 2 if

the beneficiary of the payment order does not have an account with the receiving

bank, the account has been closed, or the receiving bank is not permitted by law to

receive credits for the beneficiary's account.

4. A payment order issued to the originator's bank cannot be accepted until the payment

date if the bank is the beneficiary's bank or the execution date if the bank is not the

beneficiary's bank. If the originator's bank executes the originator's payment order

before the execution date or pays the beneficiary of the originator's payment order

before the payment date and the payment order is subsequently canceled under

subsection 2 of section 41-04.1-19, the bank may recover from the beneficiary any

payment received to the extent allowed by the law governing mistake and restitution.
N.D. Cent. Code § 4.1-57-19 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-19
4.1-57-19. Investigation - Hearing - Action on license
Status: in_force

4.1-57-19. Investigation - Hearing - Action on license

1. The seed commissioner may enter upon real property and access any structure and

personal property at any time to inspect and sample potatoes for compliance with the

laws of this state.

2. After an investigation, the seed commissioner may suspend the license of any

wholesale potato dealer. Within ten days of the suspension, the seed commissioner

shall schedule, provide notice of, and hold a hearing on the suspension.

3. After receiving both testimony and documentary evidence, the seed commissioner

may reverse the suspension, continue the suspension, or revoke the wholesale potato

dealer's license. If appropriate, the seed commissioner may demand the return of any

agent's identification card issued by the seed commissioner.

4. Any aggrieved party may appeal a decision of the seed commissioner under this

section to the district court.
N.D. Cent. Code § 41-09-101 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-101
41-09-101. (9-604) Procedure if security agreement covers real property or fixtures
Status: in_force

41-09-101. (9-604) Procedure if security agreement covers real property or fixtures

1. If a security agreement covers both personal and real property, a secured party may

proceed:

a. Under this part as to the personal property without prejudicing any rights with

respect to the real property; or

b. As to both the personal property and the real property in accordance with the

rights with respect to the real property, in which case the other provisions of this

part do not apply.

2. Subject to subsection 3, if a security agreement covers goods that are or become

fixtures, a secured party may proceed:

a. Under this part; or

b. In accordance with the rights with respect to real property, in which case the other

provisions of this part do not apply.

3. Subject to the other provisions of this part, if a secured party holding a security interest

in fixtures has priority over all owners and encumbrancers of the real property, the

secured party, after default, may remove the collateral from the real property.

4. A secured party that removes collateral shall promptly reimburse any encumbrancer or

owner of the real property, other than the debtor, for the cost of repair of any physical

injury caused by the removal. The secured party need not reimburse the

encumbrancer or owner for any diminution in value of the real property caused by the

absence of the goods removed or by any necessity of replacing them. A person

entitled to reimbursement may refuse permission to remove until the secured party

gives adequate assurance for the performance of the obligation to reimburse.
N.D. Cent. Code § 4.1-53-38 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-38
4.1-53-38. Seed sales permit - Reports - Fees - Civil penalty
Status: in_force

4.1-53-38. Seed sales permit - Reports - Fees - Civil penalty

1. Before a resident or nonresident person in this state may label or sell agricultural,

vegetable, flower, or tree or shrub seed and before a person may label agricultural,

vegetable, flower, or tree or shrub seed for delivery into this state, the person shall

obtain a seed sales permit from the seed commissioner.

2. A permit issued under this section applies to employees and agents of the

permitholder.

3. Each person issued a seed sales permit under this section shall:

a. Record all seeds sold by that person in this state;

b. Report all seeds sold by that person in this state to the seed commissioner at the

time and in the manner determined by the seed commissioner; and

c. Submit at the time and in the manner determined by the seed commissioner, fees

in the amount set by the seed commissioner and applicable to all seeds that the

person sells in this state.

4. If a person issued a seed sales permit under this section fails to submit the reports or

fees required by this section within thirty days of the date determined by the seed

commissioner, the seed commissioner may assess a penalty.
N.D. Cent. Code § 4.1-06-02 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-02
4.1-06-02. Dry bean districts - Establishment
Status: in_force

4.1-06-02. Dry bean districts - Establishment

The state consists of the following six dry bean districts:

1. Cavalier, Pembina, and Towner Counties.

2. Ramsey and Walsh Counties.

3. Grand Forks and Nelson Counties.

4. Griggs, Steele, and Traill Counties.

5. Barnes, Cass, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent,

and Stutsman Counties.

6. Adams, Benson, Billings, Bottineau, Bowman, Burke, Burleigh, Divide, Dunn, Eddy,

Emmons, Foster, Golden Valley, Grant, Hettinger, McHenry, McKenzie, McLean,

Mercer, Morton, Mountrail, Oliver, Pierce, Renville, Rolette, Sheridan, Sioux, Slope,

Stark, Ward, Wells, and Williams Counties.
N.D. Cent. Code § 4.1-83-26 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-26
4.1-83-26. Actions by agriculture commissioner - Exoneration
Status: in_force

4.1-83-26. Actions by agriculture commissioner - Exoneration

1. The agriculture commissioner may:

a. Prosecute an action for any claim arising under this chapter;

b. Appeal from any adverse judgment to the court of last resort; and

c. Settle and compromise any action if the commissioner determines that doing so

is in the best interests of the claimant.

2. When the agriculture commissioner receives a compromise payment or the full amount

of any bond or conversion claim, the commissioner may exonerate the person

compromising or paying the claim from further liability growing out of the action.
N.D. Cent. Code § 4.1-25-36 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-36
4.1-25-36. Adulterated, impure, or unwholesome milk or milk products not to be transported, stored, sold, or offered for sale
Status: in_force

4.1-25-36. Adulterated, impure, or unwholesome milk or milk products not to be

transported, stored, sold, or offered for sale.

Any milk or milk products produced or kept under unclean or unsanitary conditions or;

produced from animals that are diseased or fed unwholesome, impure, or toxic feed; or milk that

tastes from colostrum, must be deemed impure and unwholesome. Milk or milk product that is

deemed to be adulterated, impure, or unwholesome may not be transported, stored, sold, or

offered for sale in this state.
N.D. Cent. Code § 4.1-25-49 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-49
4.1-25-49. State's attorney's endorsement to complaint unnecessary upon violation of chapter
Status: in_force

4.1-25-49. State's attorney's endorsement to complaint unnecessary upon violation of

chapter.

A complaint made for a violation of this chapter does not require the endorsement of the

state's attorney, but when the court hearing a complaint made is satisfied of the truthfulness of

the complaint, the court shall issue a warrant.
N.D. Cent. Code § 41-02.1-78 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-78
41-02.1-78. (2A-530) Lessor's incidental damages
Status: in_force

41-02.1-78. (2A-530) Lessor's incidental damages

Incidental damages to an aggrieved lessor include any commercially reasonable charges,

expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody

of goods after the lessee's default, in connection with return or disposition of the goods, or

otherwise resulting from the default.
N.D. Cent. Code § 41-09-10 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-10
41-09-10. (9-110) Security interests arising under chapter 41-02 or 41-02.1
Status: in_force

41-09-10. (9-110) Security interests arising under chapter 41-02 or 41-02.1

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 is subject to this chapter. However, until the

debtor obtains possession of the goods:

1. The security interest is enforceable, even if subdivision c of subsection 2 of section

41-09-13 has not been satisfied;

2. Filing is not required to perfect the security interest;

3. The rights of the secured party after default by the debtor are governed by chapter

41-02 or 41-02.1; and

4. The security interest has priority over a conflicting security interest created by the

debtor.
N.D. Cent. Code § 41-02.1-39 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-39
41-02.1-39. (2A-309) Lessor's and lessee's rights when goods become fixtures
Status: in_force

41-02.1-39. (2A-309) Lessor's and lessee's rights when goods become fixtures

1. In this section:

a. Goods are "fixtures" when they become so related to particular real estate that an

interest in them arises under real estate law.

b. A "fixture filing" is the filing, in the office where a record of a mortgage on the real

estate would be recorded, of a financing statement covering goods that are or are

to become fixtures and conforming to the requirements of subsections 1 and 2 of

section 41-09-73.

c. A lease is a "purchase money lease" unless the lessee has possession or use of

the goods or the right to possession or use of the goods before the lease

agreement is enforceable.

d. A mortgage is a "construction mortgage" to the extent it secures an obligation

incurred for the construction of an improvement on land, including the acquisition

cost of the land, if the recorded writing so indicates.

e. "Encumbrance" includes real estate mortgages and other liens on real estate and

all other rights in real estate that are not ownership interests.

2. Under this chapter a lease may be of goods that are fixtures or may continue in goods

that become fixtures, but no lease exists under this chapter of ordinary building

materials incorporated into an improvement on land.

3. This chapter does not prevent creation of a lease of fixtures under real estate law.

4. The perfected interest of a lessor of fixtures has priority over a conflicting interest of an

encumbrancer or owner of the real estate if either of the following exists:

a. The lease is a purchase money lease, the conflicting interest of the

encumbrancer or owner arises before the goods become fixtures, the interest of

the lessor is perfected by a fixture filing before the goods become fixtures or

within ten days thereafter, and the lessee has an interest of record in the real

estate or is in possession of the real estate.

b. The interest of the lessor is perfected by a fixture filing before the interest of the

encumbrancer or owner is of record, the lessor's interest has priority over any

conflicting interest of a predecessor in title of the encumbrancer or owner, and the

lessee has an interest of record in the real estate or is in possession of the real

estate.

5. The interest of a lessor of fixtures has priority over the conflicting interest of an

encumbrancer or owner of the real estate if any of the following are met:

a. The fixtures are readily removable factory or office machines, readily removable

equipment that is not primarily used or leased for use in the operation of the real

estate, or readily removable replacements of domestic appliances that are goods

subject to a consumer lease, and before the goods become fixtures the lease

contract is enforceable.

b. The conflicting interest is a lien on the real estate obtained by legal or equitable

proceedings after the lease contract is enforceable.

c. The encumbrancer or owner has consented in writing to the lease or has

disclaimed an interest in the goods as fixtures.

d. The lessee has a right to remove the goods as against the encumbrancer or

owner. If the lessee's right to remove terminates, the priority of the interest of the

lessor continues for a reasonable time.

6. Notwithstanding subdivision a of subsection 4 but otherwise subject to subsections 4

and 5, the interest of a lessor of fixtures including the lessor's residual interest is

subordinate to the conflicting interest of an encumbrance of the real estate under a

construction mortgage recorded before the goods become fixtures if the goods

become fixtures before the completion of the construction. To the extent given to

refinance a construction mortgage, the conflicting interest of an encumbrancer of the

real estate under a mortgage has this priority to the same extent as the encumbrancer

of the real estate under the construction mortgage.

7. In cases not within the preceding subsections, priority between the interest of a lessor

of fixtures including the lessor's residual interest and the conflicting interest of an

encumbrancer or owner of the real estate who is not the lessee is determined by the

priority rules governing conflicting interests in real estate.

8. If the interest of a lessor of fixtures including the lessor's residual interest has priority

over all conflicting interests of all owners and encumbrancers of the real estate, the

lessor or the lessee may on default, expiration, termination, or cancellation of the lease

agreement by the other party but subject to the provisions of the lease agreement and

this chapter, or if necessary to enforce other rights and remedies under this chapter of

the lessor or the lessee, remove the goods from the real estate, free and clear of all

conflicting interests of all owners and encumbrancers of the real estate, but the party

removing the goods must reimburse any encumbrancer or owner of the real estate

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

physical injury, but not for any diminution in value of the real estate caused by the

absence of the goods removed or by any necessity of replacing them. A person

entitled to reimbursement may refuse permission to remove until the party seeking

removal gives adequate security for the performance of this obligation.

9. Even though the lease agreement does not create a security interest, the interest of a

lessor of fixtures including the lessor's residual interest is perfected by filing a financing

statement as a fixture filing for leased goods that are or are to become fixtures in

accordance with the relevant provisions of the chapter on secured transactions

(chapter 41-09).
N.D. Cent. Code § 41-09-20 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-20
41-09-20. (9-210) Request for accounting - Request regarding list of collateral or statement of account
Status: in_force

41-09-20. (9-210) Request for accounting - Request regarding list of collateral or

statement of account.

1. In this section:

a. "Request" means a record of a type described in subdivision b, c, or d.

b. "Request for an accounting" means a record signed by a debtor requesting that

the recipient provide an accounting of the unpaid obligations secured by collateral

and reasonably identifying the transaction or relationship that is the subject of the

request.

c. "Request regarding a list of collateral" means a record signed by a debtor

requesting that the recipient approve or correct a list of what the debtor believes

to be the collateral securing an obligation and reasonably identifying the

transaction or relationship that is the subject of the request.

d. "Request regarding a statement of account" means a record signed by a debtor

requesting that the recipient approve or correct a statement indicating what the

debtor believes to be the aggregate amount of unpaid obligations secured by

collateral as of a specified date and reasonably identifying the transaction or

relationship that is the subject of the request.

2. Subject to subsections 3 through 6, a secured party, other than a buyer of accounts,

chattel paper, payment intangibles, or promissory notes or a consignor, shall comply

with a request within fourteen days after receipt:

a. In the case of a request for an accounting, by signing and sending to the debtor

an accounting; and

b. In the case of a request regarding a list of collateral or a request regarding a

statement of account, by signing and sending to the debtor an approval or

correction.

3. A secured party that claims a security interest in all of a particular type of collateral

owned by the debtor may comply with a request regarding a list of collateral by

sending to the debtor a signed record, including a statement to that effect within

fourteen days after receipt.

4. A person that receives a request regarding a list of collateral, claims no interest in the

collateral when that person receives the request, and claimed an interest in the

collateral at an earlier time shall comply with the request within fourteen days after

receipt by sending to the debtor a signed record:

a. Disclaiming any interest in the collateral; and

b. If known to the recipient, providing the name and mailing address of any assignee

of or successor to the recipient's interest in the collateral.

5. A person that receives a request for an accounting or a request regarding a statement

of account, claims no interest in the obligations when it receives the request, and

claimed an interest in the obligations at an earlier time shall comply with the request

within fourteen days after receipt by sending to the debtor a signed record:

a. Disclaiming any interest in the obligations; and

b. If known to the recipient, providing the name and mailing address of any assignee

of or successor to the recipient's interest in the obligations.

6. A debtor is entitled without charge to one response to a request under this section

during any six-month period. The secured party may require payment of a charge not

exceeding twenty-five dollars for each additional response.
N.D. Cent. Code § 4.1-40.1-01 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-01
4.1-40.1-01. Definitions
Status: in_force

4.1-40.1-01. Definitions

1. "Beneficial substance" means a substance or compound, which includes a plant

amendment, plant biostimulant, plant inoculant, soil amendment, soil inoculant, and

other chemical or biological materials benefiting the growing environment of plants

demonstrated by scientific research to be beneficial to one or more species of plants,

soils, or media. The term does not include a primary, secondary, or microplant nutrient

or pesticides.

2. "Brand" means a term, designation, trademark, product name, or other specific

designation under which an individual beneficial substance is offered for sale.

3. "Bulk" means products in nonpackaged form.

4. "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend

beneficial substances, or offer for sale, sell, barter, or otherwise supply beneficial

substances in the state.

5. "Distributor" means a person that imports, consigns, manufactures, produces,

compounds, mixes, or blends beneficial substances, or offers for sale, sells, barters, or

otherwise supplies beneficial substances in the state.

6. "Label" means the display of all written, printed, or graphic matter upon the immediate

container or statement accompanying a beneficial substance.

7. "Labeling" means informational materials advertising the sale of a beneficial

substance, which includes a written, printed, graphic, or electronic communication.

8. "Official sample" means any sample of a beneficial substance taken by the

commissioner or the commissioner's agent and designated as official by the

commissioner.

9. "Person" means an individual or organization.

10. "Plant amendment" means a substance applied to a plant or seed intended to improve

growth, yield, product quality, reproduction, flavor, or other favorable characteristics of

plants. The term does not include fertilizers, soil amendments, agricultural liming

materials, animal and vegetable manure, pesticides, plant regulators, and other

materials which may be exempt by regulation.

11. "Plant biostimulant" means a substance or micro-organism that, when applied to

seeds, plants, the rhizosphere, soil, or other growth media, supports a plant's natural

nutrition processes independently of the biostimulant's nutrient content, which

ultimately improves nutrient availability, uptake, or use efficiency; tolerance to abiotic

stress; and consequent growth, development, quality, or yield.

12. "Plant inoculant" means a product consisting of micro-organisms applied to a plant or

soil to enhance the availability or uptake of plant nutrients through the root system.

13. "Registrant" means the person that registers the beneficial substance that bears the

person's company name on the label and is the guarantor.

14. "Soil amendment" means any substance or a mixture of substances which is intended

to improve the physical, chemical, biochemical, biological, or other characteristic of the

soil. The term does not include fertilizers, agricultural liming materials, unmanipulated

animal manures, unmanipulated vegetable manures, pesticides, and other materials

exempt by regulation.

15. "Soil inoculant" means a microbial product applied to colonize soil to benefit soil

chemistry, biology, or structure.
N.D. Cent. Code § 4.1-21-09 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-09
4.1-21-09. Revenue received from lands acquired or leased - Regulations governing - Payments in lieu of taxes
Status: in_force

4.1-21-09. Revenue received from lands acquired or leased - Regulations governing -

Payments in lieu of taxes.

All revenues derived from lands acquired or leased under this chapter must be segregated

by the state treasurer for the use of the state forester in the acquisition, management,

development, and use of such lands. However, from those revenues derived from agricultural

leases there must be paid over to the governing body of the county in which those lands are

located, an amount sufficient to cover the loss of tax revenues, if any, resulting from such

acquisition or lease.
N.D. Cent. Code § 41-09-35 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-35
41-09-35. (9-315) Secured party's rights on disposition of collateral and in proceeds
Status: in_force

41-09-35. (9-315) Secured party's rights on disposition of collateral and in proceeds

1. Except as otherwise provided in this chapter and in subsection 2 of section 41-02-48:

a. A security interest or agricultural lien continues in collateral notwithstanding sale,

lease, license, exchange, or other disposition thereof unless the secured party

authorized the disposition free of the security interest or agricultural lien; and

b. A security interest attaches to any identifiable proceeds of collateral.

2. Proceeds that are commingled with other property are identifiable proceeds:

a. If the proceeds are goods, to the extent provided by section 41-09-56; and

b. If the proceeds are not goods, to the extent that the secured party identifies the

proceeds by a method of tracing, including application of equitable principles, that

is permitted under law other than this chapter with respect to commingled

property of the type involved.

3. A security interest in proceeds is a perfected security interest if the security interest in

the original collateral was perfected.

4. A perfected security interest in proceeds becomes unperfected on the twenty-first day

after the security interest attaches to the proceeds unless:

a. The following conditions are satisfied:

(1) A filed financing statement covers the original collateral;

(2) The proceeds are collateral in which a security interest may be perfected by

filing in the office in which the financing statement has been filed; and

(3) The proceeds are not acquired with cash proceeds;

b. The proceeds are identifiable cash proceeds; or

c. The security interest in the proceeds is perfected other than under subsection 3

when the security interest attaches to the proceeds or within twenty days

thereafter.

5. If a filed financing statement covers the original collateral, a security interest in

proceeds which remains perfected under subdivision a of subsection 4 becomes

unperfected at the later of:

a. When the effectiveness of the filed financing statement lapses under section

41-09-86 or is terminated under section 41-09-84; or

b. The twenty-first day after the security interest attaches to the proceeds.
N.D. Cent. Code § 41-07-27 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-27
41-07-27. (7-402) Duplicate document of title - Overissue
Status: in_force

41-07-27. (7-402) Duplicate document of title - Overissue

A duplicate or any other document of title purporting to cover goods already represented by

an outstanding document of the same issuer does not confer any right in the goods, except as

provided in the case of tangible bills of lading in a set of parts, overissue of documents for

fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents

issued pursuant to section 41-07-05. The issuer is liable for damages caused by its overissue or

failure to identify a duplicate document by a conspicuous notation.
N.D. Cent. Code § 4.1-25-14 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-14
4.1-25-14. Department to become trustee upon default in required security
Status: in_force

4.1-25-14. Department to become trustee upon default in required security

If a licensee defaults on any of the required security provisions, the licensee is deemed to

be insolvent for purposes of this chapter. The claim for relief for damages and the amount

recovered in any action for the conversion of milk or milk products, purchased by the licensee

while the license is in effect, and the assets of the licensee not subjected to any claim in federal

bankruptcy court by a secured or general creditor within four months of the appointment of the

department as trustee under this chapter, constitute a trust fund in the hands of the department

for all persons having a claim for relief against the licensee on the required security.
N.D. Cent. Code § 4.1-55-05 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-05
4.1-55-05. Seed potatoes - Certification - Exception
Status: in_force

4.1-55-05. Seed potatoes - Certification - Exception

1. a. A person may not plant seed potatoes unless the seed potatoes:

(1) Have been certified by the seed commissioner as meeting the standards of

this state;

(2) Have been certified by another state or province having seed potato

standards that are determined by the seed commissioner to meet or exceed

the standards of this state; or

(3) At the request of the producer, were field inspected and approved for

planting by the seed commissioner.

b. Subdivision a does not apply to a person who:

(1) Plants less than one acre [.405 hectare] of seed potatoes; or

(2) Is within twelve months of having that person's own certified parent seed

potatoes.

2. The seed commissioner shall permit a North Dakota producer to sell or otherwise

transfer certified seed potatoes to another North Dakota producer. The recipient

producer may plant the seed potatoes only for commercial production. The seed

potatoes may not be recertified or retained for use in the following production cycle.

3. If the seed commissioner determines that seed potatoes meeting the requirements of

this section are not available in sufficient quantities to fulfill planting needs, the seed

commissioner may permit the planting of seed potatoes with a higher disease content,

provided that bacterial ring rot is not present and that no other serious disease threat

is posed.

4. For purposes of this section, a "North Dakota producer" means a person that grows

potatoes on property located within this state.
N.D. Cent. Code § 41-03-64 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-64
41-03-64. (3-602) Payment
Status: in_force

41-03-64. (3-602) Payment

1. Subject to subsection 2, an instrument is paid to the extent payment is made by or on

behalf of a party obliged to pay the instrument to a person entitled to enforce the

instrument. To the extent of the payment, the obligation of the party obliged to pay the

instrument is discharged even though payment is made with knowledge of a claim to

the instrument under section 41-03-32 by another person.

2. The obligation of a party to pay the instrument is not discharged under subsection 1 if

either:

a. A claim to the instrument under section 41-03-32 is enforceable against the party

receiving payment and payment is made with knowledge by the payor that

payment is prohibited by jurisdiction or, in the case of an instrument other than a

cashier's check, teller's check, or certified check, the party making payment

accepted, from the person having a claim to the instrument, indemnity against

loss resulting from refusal to pay the person entitled to enforce the instrument.

b. The person making payment knows that the instrument is a stolen instrument and

pays a person that it knows is in wrongful possession of the instrument.
N.D. Cent. Code § 41-09-130 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-130
41-09-130. (9-708) Persons entitled to file initial financing statement or continuation statement
Status: in_force

41-09-130. (9-708) Persons entitled to file initial financing statement or continuation

statement.

A person may file an initial financing statement or a continuation statement under this part if:

1. The secured party of record authorizes the filing; and

2. The filing is necessary under this part:

a. To continue the effectiveness of a financing statement filed before July 1, 2001; or

b. To perfect or continue the perfection of a security interest.
N.D. Cent. Code § 41-01-21 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-21
41-01-21. (1-307) Prima facie evidence by third-party documents
Status: in_force

41-01-21. (1-307) Prima facie evidence by third-party documents

A document in due form purporting to be a bill of lading, a policy or certificate of insurance,

an official weigher's or inspector's certificate, a consular invoice, or any other document

authorized or required by the contract to be issued by a third party is prima facie evidence of the

document's own authenticity and genuineness and of the facts stated in the document by the

third party.
N.D. Cent. Code § 4.1-40-10 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-10
4.1-40-10. Publications
Status: in_force

4.1-40-10. Publications

The commissioner may publish:

1. Information concerning the distribution of fertilizers, fertilizer material, micronutrients,

specialty fertilizers, soil amendments, and plant amendments; and

2. Results of analyses based on official samples of fertilizers, fertilizer material,

micronutrients, specialty fertilizers, soil amendments, and plant amendments

distributed within the state as compared with the analyses guaranteed under

sections 4.1-40-05 and 4.1-40-06.
N.D. Cent. Code § 41-09-87 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-87
41-09-87. (9-516) What constitutes filing - Effectiveness of filing
Status: in_force

41-09-87. (9-516) What constitutes filing - Effectiveness of filing

1. Except as otherwise provided in subsection 2, communication of a record to a filing

office and tender of the filing fee or acceptance of the record by the filing office

constitutes filing.

2. Filing does not occur with respect to a record that a filing office refuses to accept

because:

a. The record is not communicated by a method or medium of communication

authorized by the filing office;

b. An amount equal to or greater than the applicable filing fee is not tendered;

c. The filing office is unable to index the record because:

(1) In the case of an initial financing statement, the record does not provide a

name for the debtor;

(2) In the case of an amendment or information statement, the record:

(a) Does not identify the initial financing statement as required by section

41-09-83 or 41-09-89, as applicable; or

(b) Identifies an initial financing statement whose effectiveness has

lapsed under section 41-09-86;

(3) In the case of an initial financing statement that provides the name of a

debtor identified as an individual or an amendment that provides a name of

a debtor identified as an individual which was not previously provided in the

financing statement to which the record relates, the record does not identify

the debtor's surname; or

(4) In the case of a record filed or recorded in the filing office described in

subdivision a of subsection 1 of section 41-09-72, the record does not

provide a sufficient description of the real property to which it relates;

d. In the case of an initial financing statement or an amendment that adds a secured

party of record, the record does not provide a name and mailing address for the

secured party of record;

e. In the case of an initial financing statement or an amendment that provides a

name of a debtor which was not previously provided in the financing statement to

which the amendment relates, the record does not:

(1) Provide a mailing address for the debtor; or

(2) Indicate whether the name provided as the name of the debtor is an

individual or an organization;

f. In the case of an assignment reflected in an initial financing statement under

subsection 1 of section 41-09-85 or an amendment filed under subsection 2 of

section 41-09-85, the record does not provide a name and mailing address for the

assignee;

g. In the case of a continuation statement, the record is not filed within the six-month

period prescribed by subsection 4 of section 41-09-86; or

h. In the case of filings entered in the secretary of state's online filing system, the

record does not contain the social security number or the internal revenue service

taxpayer identification number of the debtor.

3. For purposes of subsection 2:

a. A record does not provide information if the filing office is unable to read or

decipher the information; and

b. A record that does not indicate that it is an amendment or identify an initial

financing statement to which it relates, as required by section 41-09-83, 41-09-85,

or 41-09-89, is an initial financing statement.

4. A record that is communicated to the filing office with tender of the filing fee, but which

the filing office refuses to accept for a reason other than one set forth in subsection 2,

is effective as a filed record except as against a purchaser of the collateral which gives

value in reasonable reliance upon the absence of the record from the files.
N.D. Cent. Code § 4.1-25-47 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-47
4.1-25-47. Disposal of illegal milk or milk products - Seizure
Status: in_force

4.1-25-47. Disposal of illegal milk or milk products - Seizure

Any milk or cream offered for sale in violation of any provision of this chapter or the rules of

the commissioner must be colored with a harmless food coloring and returned to the seller. In

addition, any milk or milk product that is in violation of any provision of this chapter or the rules

of the commissioner may be seized or ordered held by the commissioner and must be disposed

of as any other illegal food or drug as provided in chapter 19-02.1.
N.D. Cent. Code § 4.1-31-01.1 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-01.1
4.1-31-01.1. Federal meat inspection regulations
Status: in_force

4.1-31-01.1. Federal meat inspection regulations

All federal meat and poultry inspection regulations effective as of July 3, 2024, as provided

under title 9, Code of Federal Regulations, parts 301-320, 325, 329, 381, 391, 416-418, 424,

430, 441, 442, and 500, but excluding parts 307.5 and 381.38, are incorporated by reference

and made a part of this title.
N.D. Cent. Code § 4.1-37-12 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-12
4.1-37-12. Anhydrous ammonia - Bulk delivery
Status: in_force

4.1-37-12. Anhydrous ammonia - Bulk delivery

Upon obtaining a commercial driver's license with an endorsement for hazardous materials,

an individual may transport anhydrous ammonia in a bulk delivery vehicle and fill nurse tanks

with anhydrous ammonia from the bulk delivery vehicle.
N.D. Cent. Code § 4.1-47-11 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-11
4.1-47-11. County weed control officer - Membership on county weed board - Employment
Status: in_force

4.1-47-11. County weed control officer - Membership on county weed board -

Employment.

1. A county weed control officer may serve as a member of the weed control board by

which the officer is employed if the officer is otherwise qualified to do so.

2. An individual may be employed as a weed control officer by several weed boards

simultaneously.
N.D. Cent. Code § 4.1-58-12 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-12
4.1-58-12. Bond cancellation - Release of surety
Status: in_force

4.1-58-12. Bond cancellation - Release of surety

1. The surety on a bond is released from all future liability accruing on the bond after the

expiration of ninety days from the date of receipt by the commissioner of notice of

cancellation by the surety or on a later date specified by the surety. This provision

does not operate to relieve, release, or discharge the surety from any liability already

accrued or which accrues before the expiration of the ninety-day period.

2. Unless the warehouseman files a new bond at least thirty days before liability ceases,

the commissioner, without hearing, immediately shall suspend the warehouseman's

license and the suspension may not be removed until a new bond has been filed and

approved by the commissioner.

3. If a license is suspended under this section, the warehouseman shall give notice of the

suspension to each receiptholder having grain stored in the warehouse.

4. The warehouseman shall notify each receiptholder having grain stored in the

warehouse that the grain must be removed from the warehouse or the grain will be

priced and redeemed in cash in accordance with section 4.1-58-40.
N.D. Cent. Code § 41-03-27 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-27
41-03-27. (3-301) Person entitled to enforce instrument
Status: in_force

41-03-27. (3-301) Person entitled to enforce instrument

"Person entitled to enforce" an instrument means the holder of the instrument, a nonholder

in possession of the instrument who has the rights of a holder, or a person not in possession of

the instrument who is entitled to enforce the instrument under section 41-03-35 or subsection 4

of section 41-03-55. A person may be a person entitled to enforce the instrument even though

the person is not the owner of the instrument or is in wrongful possession of the instrument.
N.D. Cent. Code § 4.1-22-03 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-03
4.1-22-03. Authority for inspection
Status: in_force

4.1-22-03. Authority for inspection

The commissioner shall inspect all nursery stock being grown in North Dakota at least once

each year and may enter and inspect any nursery or place of business during normal business

hours.
N.D. Cent. Code § 4.1-58-48 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-48
4.1-58-48. Notice to receiptholders and credit-sale contract claimants
Status: in_force

4.1-58-48. Notice to receiptholders and credit-sale contract claimants

1. Upon the commissioner's appointment, the commissioner may take possession of

relevant books and records of the warehouseman.

2. The commissioner shall cause a notice of the commissioner's appointment to be

published once each week for two consecutive weeks in a newspaper in the county in

which the warehouse is located and may notify by ordinary mail the holders of record

of outstanding receipts and those that are potential credit-sale contract claimants, as

shown by the warehouseman's records.

3. The notices must require outstanding receiptholders and credit-sale contract claimants

to file claims against the warehouseman with the commissioner along with the

receipts, contracts, or any other evidence of the claims as required by the

commissioner.

4. If an outstanding receiptholder or credit-sale contract claimant fails to submit a claim

within forty-five days after the last publication of the notice or a longer time as

prescribed by the commissioner, the commissioner is relieved of further duty or action

under this chapter on behalf of the receiptholder or credit-sale contract claimant and

the receiptholder or credit-sale contract claimant may be barred from payment for any

amount due.

5. Outstanding receiptholders and credit-sale contract claimants are not parties to the

insolvency action unless admitted by the court upon a motion for intervention.
N.D. Cent. Code § 4.1-83-13 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-13
4.1-83-13. Agent's license
Status: in_force

4.1-83-13. Agent's license

Before an individual may serve as the agent of a livestock dealer, the individual must be

licensed by the agriculture commissioner. In order for an individual to obtain an agent's license,

the agent's principal must request the license, at the time and in the manner determined by the

agriculture commissioner.
N.D. Cent. Code § 4.1-30-01 — ND Code / Title 4.1 / Chapter 4.1-30 / Section 4.1-30-01
4.1-30-01. Packing plant defined
Status: in_force

4.1-30-01. Packing plant defined

The term "packing plant" as used in this chapter means a place where livestock, exclusive

of poultry, is purchased for the purpose of slaughtering, dressing, curing, or processing the

same for storage and distribution at wholesale for human consumption.
N.D. Cent. Code § 4.1-32-05 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-05
4.1-32-05. Removal of carcasses from vehicle - Prohibition
Status: in_force

4.1-32-05. Removal of carcasses from vehicle - Prohibition

A carcass collected at any farm in this state may not be removed from the vehicle except at

a rendering plant or other establishment using the carcasses of domestic or wild animals, not

intended for human consumption, for processing and final disposal.
N.D. Cent. Code § 4.1-12-02 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-02
4.1-12-02. Assessment - Determination
Status: in_force

4.1-12-02. Assessment - Determination

1. The assessment required by this chapter is determined by:

a. Calculating the flock average live weight at the time of delivery to a processor;

and

b. Calculating the actual number of turkeys in that flock after processing.

2. a. If the actual number of turkeys in a flock after processing had an average live

weight of less than eighteen pounds, the assessment is equal to one cent per

turkey.

b. If the actual number of turkeys in a flock after processing had an average live

weight of at least eighteen pounds but less than twenty-eight pounds, the

assessment is equal to one and one-half cents per turkey.

c. If the actual number of turkeys in a flock after processing had an average live

weight of at least twenty-eight pounds, the assessment is equal to one and

three-quarter cents per turkey.
N.D. Cent. Code § 4.1-18.1-01.1 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-01.1
4.1-18.1-01.1. Administrative rules
Status: in_force

4.1-18.1-01.1. Administrative rules

The commissioner may adopt and amend rules consistent with this chapter governing the

sale, distribution, testing, labeling, and regulation of hemp and hemp commodities or products,

and substances and products prohibited by this chapter.
N.D. Cent. Code § 41-09-26.1 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-26.1
41-09-26.1. (9-306A) Law governing perfection and priority of security interests in chattel paper
Status: in_force

41-09-26.1. (9-306A) Law governing perfection and priority of security interests in

chattel paper.

1. Except as provided in subsection 4, if chattel paper is evidenced only by an

authoritative electronic copy of the chattel paper or is evidenced by an authoritative

electronic copy and an authoritative tangible copy, the local law of the chattel paper's

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

of a security interest in the chattel paper, even if the transaction does not bear any

relation to the chattel paper's jurisdiction.

2. The following rules determine the chattel paper's jurisdiction under this section:

a. If the authoritative electronic copy of the record evidencing chattel paper, or a

record attached to or logically associated with the electronic copy and readily

available for review, expressly provides that a particular jurisdiction is the chattel

paper's jurisdiction for purposes of this section, this chapter, or this title, that

jurisdiction is the chattel paper's jurisdiction.

b. If subdivision a does not apply and the rules of the system in which the

authoritative electronic copy is recorded are readily available for review and

expressly provide that a particular jurisdiction is the chattel paper's jurisdiction for

purposes of this section, this chapter, or this title, that jurisdiction is the chattel

paper's jurisdiction.

c. If subdivisions a and b do not apply and the authoritative electronic copy, or a

record attached to or logically associated with the electronic copy and readily

available for review, expressly provides that the chattel paper is governed by the

law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.

d. If subdivisions a, b, and c do not apply and the rules of the system in which the

authoritative electronic copy is recorded are readily available for review and

expressly provide that the chattel paper or the system is governed by the law of a

particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.

e. If subdivisions a, b, c, and d do not apply, the chattel paper's jurisdiction is the

jurisdiction in which the debtor is located.

3. If an authoritative tangible copy of a record evidences chattel paper and the chattel

paper is not evidenced by an authoritative electronic copy, while the authoritative

tangible copy of the record evidencing chattel paper is located in a jurisdiction, the

local law of that jurisdiction governs:

a. Perfection of a security interest in the chattel paper by possession under section

41-09-34.1; and

b. The effect of perfection or nonperfection and the priority of a security interest in

the chattel paper.

4. The local law of the jurisdiction in which the debtor is located governs perfection of a

security interest in chattel paper by filing.
N.D. Cent. Code § 4.1-03-04 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-04
4.1-03-04. Vacancy
Status: in_force

4.1-03-04. Vacancy

If a member's office is vacant, the position must be filled, for the remainder of the term, in

the same manner as the original appointment. A member's office is vacant if:

1. At any time during a member's term the member ceases to possess any of the

qualifications provided for in this chapter;

2. Any event enumerated in section 44-02-01 occurs; or

3. The commission determines that a member has failed to attend three consecutive

meetings of the commission without justification.
N.D. Cent. Code § 41-09-74 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-74
41-09-74. (9-503) Name of debtor and secured party
Status: in_force

41-09-74. (9-503) Name of debtor and secured party

1. A financing statement sufficiently provides the name of the debtor:

a. Except as otherwise provided in subdivision c, if the debtor is a registered

organization, or the collateral is held in a trust that is a registered organization,

only if the financing statement provides the name that is stated to be the

registered organization's name on the public organic record most recently filed

with or issued or enacted by the registered organization's jurisdiction of

organization which purports to state, amend, or restate the registered

organization's name;

b. Subject to subsection 6, if the collateral is being administered by the personal

representative of a decedent, only if the financing statement provides, as the

name of the debtor, the name of the decedent and, in a separate part of the

financing statement, indicates that the collateral is being administered by a

personal representative;

c. If the collateral is held in a trust that is not a registered organization, only if the

financing statement:

(1) Provides, as the name of the debtor:

(a) If the organic record of the trust specifies a name for the trust, the

name so specified; or

(b) If the organic record of the trust does not specify a name for the trust,

the name of the settlor or testator; and

(2) In a separate part of the financing statement:

(a) If the name is provided in accordance with subparagraph a of

paragraph 1, indicates that the collateral is held in a trust; or

(b) If the name is provided in accordance with subparagraph b of

paragraph 1, provides additional information sufficient to distinguish

the trust from other trusts having one or more of the same settlors or

the same testator and indicates that the collateral is held in a trust,

unless the additional information so indicates;

d. Subject to subsection 7, if the debtor is an individual to whom this state has

issued a driver's license or identity card that has not expired, only if the financing

statement provides the name of the individual which is indicated on the driver's

license or identity card;

e. If the debtor is an individual to whom subdivision d does not apply, only if the

financing statement provides the individual name of the debtor or the surname

and first personal name of the debtor; and

f. In other cases:

(1) If the debtor has a name, only if the financing statement provides the

organizational name of the debtor; and

(2) If the debtor does not have a name, only if the financing statement provides

the names of the partners, members, associates, or other persons

comprising the debtor, in a manner that each name provided would be

sufficient if the person named were the debtor.

2. A financing statement that provides the name of the debtor in accordance with

subsection 1 is not rendered ineffective by the absence of:

a. A trade name or other name of the debtor; or

b. Unless required under paragraph 2 of subdivision f of subsection 1, names of

partners, members, associates, or other persons comprising the debtor.

3. A financing statement that provides only the debtor's trade name does not sufficiently

provide the name of the debtor.

4. Failure to indicate the representative capacity of a secured party or representative of a

secured party does not affect the sufficiency of a financing statement.

5. A financing statement may provide the name of more than one debtor and the name of

more than one secured party.

6. The name of the decedent indicated on the order appointing the personal

representative of the decedent issued by the court having jurisdiction over the

collateral is sufficient as the "name of the decedent" under subdivision b of

subsection 1.

7. If this state has issued to an individual more than one driver's license or identity card of

a kind described in subdivision d of subsection 1, the one that was issued most

recently is the one to which subdivision d of subsection 1 refers.

8. The "name of the settlor or testator" means:

a. If the settlor is a registered organization, the name of the registered organization

indicated on the public organic record filed with or issued or enacted by the

registered organization's jurisdiction of organization; or

b. In other cases, the name of the settlor or testator indicated in the trust's organic

record.
N.D. Cent. Code § 4.1-25-48 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-48
4.1-25-48. Penalty for violation of chapter - Additional civil penalty - Failure to pay civil penalty
Status: in_force

4.1-25-48. Penalty for violation of chapter - Additional civil penalty - Failure to pay

civil penalty.

A person violating any provision of this chapter or any rule or order of the commissioner, for

which another criminal penalty is not specifically provided is guilty of a class B misdemeanor. In

addition, a civil penalty not to exceed five hundred dollars per day for each violation or

continuing violation may be imposed. The civil penalty may be imposed by the courts in a civil

proceeding or by the commissioner through an administrative hearing under chapter 28-32. If a

civil penalty is imposed by the commissioner through an administrative hearing and the civil

penalty is not paid, the commissioner may collect the civil penalty by a civil proceeding in any

appropriate court. 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 that

the civil penalty is owed. The commissioner may refuse to renew or issue a license if the

licensee or license applicant has repeatedly violated the provisions of this chapter or rules or

orders of the commissioner.
N.D. Cent. Code § 4.1-32-08 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-08
4.1-32-08. Rendering done by packing plants operating under federal inspection - Exception
Status: in_force

4.1-32-08. Rendering done by packing plants operating under federal inspection -

Exception.

All rendering done by a packing plant operating under federal inspection in a building

adjacent to or on the same premises as the packing plant is exempt from the provisions of this

chapter, except that the transportation by the packing plant or any establishment licensed under

this chapter of carcasses and other animal substances on any public highway or street is

subject to the sanitary requirements of this chapter and the rules adopted by the state board of

animal health.
N.D. Cent. Code § 41-01-17 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-17
41-01-17. (1-303) Course of performance - Course of dealing - Usage of trade
Status: in_force

41-01-17. (1-303) Course of performance - Course of dealing - Usage of trade

1. A "course of performance" is a sequence of conduct between the parties to a particular

transaction that exists if:

a. The agreement of the parties with respect to the transaction involves repeated

occasions for performance by a party; and

b. The other party, with knowledge of the nature of the performance and opportunity

for objection to it, accepts the performance or acquiesces in the performance

without objection.

2. A "course of dealing" is a sequence of conduct concerning previous transactions

between the parties to a particular transaction that is fairly to be regarded as

establishing a common basis of understanding for interpreting their expressions and

other conduct.

3. A "usage of trade" is any practice or method of dealing having such regularity of

observance in a place, vocation, or trade as to justify an expectation that it will be

observed with respect to the transaction in question. The existence and scope of such

a usage must be proved as facts. If it is established that such a usage is embodied in

a trade code or similar record, the interpretation of the record is a question of law.

4. A course of performance or course of dealing between the parties or usage of trade in

the vocation or trade in which the parties are engaged or of which the parties are or

should be aware is relevant in ascertaining the meaning of the parties' agreement,

may give particular meaning to specific terms of the agreement, and may supplement

or qualify the terms of the agreement. A usage of trade applicable in the place in which

part of the performance under the agreement is to occur may be so utilized as to that

part of the performance.

5. Except as otherwise provided in subsection 6, the express terms of an agreement and

any applicable course of performance, course of dealing, or usage of trade must be

construed whenever reasonable as consistent with each other. If such a construction is

unreasonable:

a. Express terms prevail over course of performance, course of dealing, and usage

of trade;

b. Course of performance prevails over course of dealing and usage of trade; and

c. Course of dealing prevails over usage of trade.

6. Subject to section 41-02-16, a course of performance is relevant to show a waiver or

modification of any term inconsistent with the course of performance.

7. Evidence of a relevant usage of trade offered by one party is not admissible unless

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

unfair surprise to the other party.
N.D. Cent. Code § 4.1-22-11 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-11
4.1-22-11. Penalties - Criminal - Civil - License revocation or nonrenewal
Status: in_force

4.1-22-11. Penalties - Criminal - Civil - License revocation or nonrenewal

1. It is a class B misdemeanor for any person to violate this chapter, or any rules adopted

under this chapter.

2. Any person who violates any provision of this chapter, or rule adopted under this

chapter, is subject to a civil penalty not to exceed five hundred dollars for each

violation. The civil penalty may be adjudicated by the courts or by the commissioner

through an administrative hearing under chapter 28-32.

3. The department may maintain, in accordance with the laws of this state, an

appropriate civil action in the name of the state against any person violating this

chapter or rules adopted under this chapter.

4. The commissioner may refuse to grant a license to any person found guilty of repeated

violations of this chapter or rules adopted under this chapter, or to any person who has

failed to pay an adjudicated civil penalty for violation of this chapter within thirty days

after a final determination that the civil penalty is owed.
N.D. Cent. Code § 41-09-15 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-15
41-09-15. (9-205) Use or disposition of collateral permissible
Status: in_force

41-09-15. (9-205) Use or disposition of collateral permissible

1. A security interest is not invalid or fraudulent against creditors solely because:

a. The debtor has the right or ability to:

(1) Use, commingle, or dispose of all or part of the collateral, including returned

or repossessed goods;

(2) Collect, compromise, enforce, or otherwise deal with collateral;

(3) Accept the return of collateral or make repossessions; or

(4) Use, commingle, or dispose of proceeds; or

b. The secured party fails to require the debtor to account for proceeds or replace

collateral.

2. This section does not relax the requirements of possession if attachment, perfection,

or enforcement of a security interest depends upon possession of the collateral by the

secured party.
N.D. Cent. Code § 41-04-05 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-05
41-04-05. (4-105) Bank - Collecting bank - Depositary bank - Payor bank - Presenting bank
Status: in_force

41-04-05. (4-105) Bank - Collecting bank - Depositary bank - Payor bank - Presenting

bank.

In this chapter, unless the context otherwise requires:

1. "Bank" means any person engaged in the business of banking, including a savings

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

2. "Collecting bank" means a bank handling an item for collection except the payor bank.

3. "Depositary bank" means the first bank to take an item even though it is also the payor

bank, unless the item is presented for immediate payment over the counter.

4. "Intermediary bank" means a bank to which an item is transferred in course of

collection except the depositary or payor bank.

5. "Payor bank" means a bank that is the drawee of a draft.

6. "Presenting bank" means a bank presenting an item except a payor bank.
N.D. Cent. Code § 4.1-55-07 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-07
4.1-55-07. Imported seed potatoes - Certification requirement
Status: in_force

4.1-55-07. Imported seed potatoes - Certification requirement

All seed potatoes brought into this state must be accompanied by:

1. A grade certificate;

2. A health certificate indicating that the seed potatoes were field inspected by an official

certifying agency and meet standards that are determined by the seed commissioner

to be similar to those established by this chapter; and

3. Any other documentation required by the jurisdiction of origin for seed potatoes

entering that jurisdiction.
N.D. Cent. Code § 41-02.1-10 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-10
41-02.1-10. (2A-201) Statute of frauds
Status: in_force

41-02.1-10. (2A-201) Statute of frauds

1. A lease contract is not enforceable by way of action or defense unless:

a. The total payments to be made under the lease contract, excluding payments for

options to renew or buy, are less than one thousand dollars; or

b. There is a record, signed by the party against whom enforcement is sought or by

that party's authorized agent, sufficient to indicate that a lease contract has been

made between the parties and to describe the goods leased and the lease term.

2. Any description of leased goods or of the lease term is sufficient and satisfies

subdivision b of subsection 1, whether or not it is specific, if it reasonably identifies

what is described.

3. A record is not insufficient because it omits or incorrectly states a term agreed upon,

but the lease contract is not enforceable under subdivision b of subsection 1 beyond

the lease term and the quantity of goods shown in the record.

4. A lease 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 or obtained for the lessee and are

not suitable for lease or sale to others in the ordinary course of the lessor's

business, and the lessor, before notice of repudiation is received and under

circumstances that reasonably indicate that the goods are for the lessee, 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 lease contract was made, but the lease

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

admitted; or

c. With respect to goods that have been received and accepted by the lessee.

5. The lease term under a lease contract referred to in subsection 4 is:

a. If there is a record signed by the party against whom enforcement is sought or by

that party's authorized agent specifying the lease term, the term so specified;

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

testimony, or otherwise in court a lease term, the term so admitted; or

c. A reasonable lease term.
N.D. Cent. Code § 41-02.1-80 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-80
41-02.1-80. (2A-532) Lessor's rights to residual interest
Status: in_force

41-02.1-80. (2A-532) Lessor's rights to residual interest

In addition to any other recovery permitted by this chapter or other law, the lessor is entitled

to recover from the lessee an amount that will fully compensate the lessor for any loss of or

damage to the lessor's residual interest in the goods caused by the default of the lessee.
N.D. Cent. Code § 41-09-78 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-78
41-09-78. (9-507) Effect of certain events on effectiveness of financing statement
Status: in_force

41-09-78. (9-507) Effect of certain events on effectiveness of financing statement

1. A filed financing statement remains effective with respect to collateral that is sold,

exchanged, leased, licensed, or otherwise disposed of and in which a security interest

or agricultural lien continues, even if the secured party knows of or consents to the

disposition.

2. Except as otherwise provided in subsection 3 and section 41-09-79, a financing

statement is not rendered ineffective if, after the financing statement is filed, the

information provided in the financing statement becomes seriously misleading under

section 41-09-77.

3. If the name that a filed financing statement provides for a debtor becomes insufficient

as the name of the debtor under subsection 1 of section 41-09-74 so that the financing

statement becomes seriously misleading under section 41-09-77:

a. The financing statement is effective to perfect a security interest in collateral

acquired by the debtor before, or within four months after, the filed financing

statement becomes seriously misleading; and

b. The financing statement is not effective to perfect a security interest in collateral

acquired by the debtor more than four months after the filed financing statement

becomes seriously misleading, unless an amendment to the financing statement

which renders the financing statement not seriously misleading is filed within four

months after that event.
N.D. Cent. Code § 4.1-09-15 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-15
4.1-09-15. First purchaser - Certificate
Status: in_force

4.1-09-15. First purchaser - Certificate

1. Before a first purchaser may sell, process, or ship any oilseeds, the first purchaser

shall obtain a certificate from the council.

2. The certificate is available upon submission to the council of an application containing

the name under which the first purchaser is transacting business within this state, the

first purchaser's place of business, and the location of loading and shipping places of

the first purchaser's agents.

a. If the first purchaser is a corporation, the application must include the corporate

name and the names and addresses of the principal officers and agents within

this state.

b. If the first purchaser is a partnership, the application must include the names and

addresses of the persons constituting the partnership.

c. If the first purchaser is a limited liability company, the application must include the

name of the limited liability company and the names and addresses of its

principal managers and agents within this state.

3. The first purchaser shall notify the council whenever there is a change of information

required by this section.
N.D. Cent. Code § 4.1-09-17 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-17
4.1-09-17. Collection of assessment - Records
Status: in_force

4.1-09-17. Collection of assessment - Records

1. The first purchaser shall collect the assessment from the producer by deducting the

assessment from the total price of the oilseeds being purchased by the first purchaser.

2. Each first purchaser shall keep documents regarding all purchases, sales, and

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

council upon request.

3. At the time and in the manner prescribed by the council, each first purchaser shall file

a report stating, in individual and total amounts, the quantity of all oilseeds that the first

purchaser received, sold, or shipped.
N.D. Cent. Code § 41-02-64 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-64
41-02-64. (2-601) Buyer's rights on improper delivery
Status: in_force

41-02-64. (2-601) Buyer's rights on improper delivery

Subject to the provisions of this chapter on breach in installment contracts (section

41-02-75) and unless otherwise agreed under the sections on contractual limitations of remedy

(sections 41-02-97 and 41-02-98), if the goods or the tender of delivery fail in any respect to

conform to the contract, the buyer may:

1. Reject the whole;

2. Accept the whole; or

3. Accept any commercial unit or units and reject the rest.
N.D. Cent. Code § 41-09-26 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-26
41-09-26. (9-306) Law governing perfection and priority of security interests in letter-of-credit rights
Status: in_force

41-09-26. (9-306) Law governing perfection and priority of security interests in

letter-of-credit rights.

1. Subject to subsection 3, the local law of the issuer's jurisdiction or a nominated

person's jurisdiction governs perfection, the effect of perfection or nonperfection, and

the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or

nominated person's jurisdiction is a state.

2. For purposes of this part, an issuer's jurisdiction or nominated person's jurisdiction is

the jurisdiction whose law governs the liability of the issuer or nominated person with

respect to the letter-of-credit right as provided in section 41-05-16.

3. This section does not apply to a security interest that is perfected only under

subsection 4 of section 41-09-28.
N.D. Cent. Code § 4.1-20-20 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-20
4.1-20-20. Supervisors may employ assistants - Attorney general and state's attorneys to advise - Reports to committee
Status: in_force

4.1-20-20. Supervisors may employ assistants - Attorney general and state's

attorneys to advise - Reports to committee.

The supervisors may employ necessary permanent and temporary officers, agents, or

employees, and shall determine their qualifications, duties, and compensation. The supervisors

may call upon the attorney general or the state's attorney of any county in which the district is

situated for those legal services as the supervisors may require. The supervisors may delegate

to their chairman or to any of their number such duties as they may deem proper and shall

furnish to the committee, upon request, copies of any ordinances, rules, regulations, orders,

contracts, or other documents the supervisors adopt or employ, and any other information

concerning their activities as the committee may require.
N.D. Cent. Code § 41-02.1-58 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-58
41-02.1-58. (2A-510) Installment lease contracts - Rejection and default
Status: in_force

41-02.1-58. (2A-510) Installment lease contracts - Rejection and default

1. Under an installment lease contract, a lessee may reject any delivery that is

nonconforming if the nonconformity substantially impairs the value of that delivery and

cannot be cured or the nonconformity is a defect in the required documents. If,

however, the nonconformity does not fall within subsection 2 and the lessor or the

supplier gives adequate assurance of its cure, the lessee must accept that delivery.

2. Whenever nonconformity or default with respect to one or more deliveries substantially

impairs the value of the installment lease contract as a whole, there is a default with

respect to the whole. But, the aggrieved party reinstates the installment lease contract

as a whole if the aggrieved party accepts a nonconforming delivery without seasonably

notifying of cancellation or brings an action with respect only to past deliveries or

demands performance as to future deliveries.
N.D. Cent. Code § 4.1-75-02 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-02
4.1-75-02. Estrays - Possession
Status: in_force

4.1-75-02. Estrays - Possession

1. If an individual discovers an estray on property that the individual owns or controls, the

individual shall make a good-faith effort to:

a. Take possession of the estray;

b. Determine its ownership; and

c. Facilitate its return.

2. If the individual is unable to determine its ownership, the individual shall:

a. Notify the sheriff of the county in which the estray was found or the chief brand

inspector, and:

(1) Provide to the sheriff or the chief brand inspector any information that may

assist in determining ownership of the estray;

(2) Make the estray available for examination if requested by the chief brand

inspector; and

(3) Follow the directives of the chief brand inspector regarding the estray's care

and disposal; or

b. Deliver the estray to a livestock auction market in this state or to an out-of-state

livestock auction market that receives brand inspection services under section

4.1-73-24 and notify the brand inspector that it appears to be an estray.

3. Any person failing to comply with this section is liable to the owner of the estray for

treble damages and may not claim reimbursement for any expenses otherwise allowed

under this chapter.
N.D. Cent. Code § 41-09-103 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-103
41-09-103. (9-606) Time of default for agricultural lien
Status: in_force

41-09-103. (9-606) Time of default for agricultural lien

For purposes of this part, a default occurs in connection with an agricultural lien at the time

the secured party becomes entitled to enforce the lien in accordance with the statute under

which it was created or section 35-01-29.
N.D. Cent. Code § 41-02-73 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-73
41-02-73. (2-610) Anticipatory repudiation
Status: in_force

41-02-73. (2-610) Anticipatory repudiation

When either party repudiates the contract with respect to a performance not yet due, the

loss of which will substantially impair the value of the contract to the other, the aggrieved party

may:

1. For a commercially reasonable time await performance by the repudiating party; or

2. Resort to any remedy for breach (section 41-02-82 or 41-02-90), even though the

aggrieved party has notified the repudiating party that the aggrieved party would await

the latter's performance and has urged retraction; and

3. In either case suspend the aggrieved party's own performance or proceed in

accordance with the provisions of this chapter on the seller's right to identify goods to

the contract notwithstanding breach or to salvage unfinished goods (section 41-02-83).
N.D. Cent. Code § 4.1-45-17 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-17
4.1-45-17. Certified audit of state fair association
Status: in_force

4.1-45-17. Certified audit of state fair association

The state fair association shall submit annually to the governor and the legislative audit and

fiscal review committee an audit report prepared by a certified public accountant based upon an

audit of all records and accounts of the association.
N.D. Cent. Code § 4.1-07-03 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-03
4.1-07-03. Dry pea and lentil council - Membership - Term
Status: in_force

4.1-07-03. Dry pea and lentil council - Membership - Term

1. The council consists of one participating producer elected from each district

established in section 4.1-07-02.

2. Each member of the council must be a United States citizen.

3. Each member of the council must be a resident of and participating producer in the

district that the member represents.

4. The term of each elected member is three years and begins on April first following the

member's election. The terms must be staggered so that no more than two expire

each year.

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

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

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

of the term.

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

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

term for purposes of this section unless the duration of that service exceeds one year.
N.D. Cent. Code § 4.1-26-01 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-01
4.1-26-01. Definitions
Status: in_force

4.1-26-01. Definitions

Unless the context otherwise requires, the definitions in this section apply to this chapter.

1. "Bulk milk" means milk that is purchased by a processor from a person other than a

dairy farmer and which is purchased in a container other than the one in which the milk

will be resold to a retailer or to a consumer.

2. "Dairy farmer" means any person who produces grade A raw milk for sale to a

processor.

3. "Dairy farmer-processor" means a person who is both a dairy farmer and a processor

and who does not purchase raw milk from other dairy farmers, provided:

a. A dairy farmer-processor is a dairy farmer with respect to the sale of raw milk

produced by that person to a processor; and

b. A dairy farmer-processor is a processor with respect to any processing,

manufacturing, or sale of milk products or frozen dairy products or with respect to

the receipt of bulk milk from a source other than that person's own production.

4. "Dealer" means any processor or distributor.

5. "Distributor" means a person, other than a processor, that sells to consumers on one

or more home delivery routes, that sells to retailers, or that sells to both.

6. "Distributor price" means the price at which any milk product or frozen dairy product,

not intended for resale at a fixed location owned by a distributor, is purchased by a

distributor.

7. "Frozen dairy product" means:

a. Ice cream;

b. Ice milk;

c. Frozen custard;

d. Fruit sherbet;

e. The mix from which any such product listed in subdivisions a through d is made;

and

f. Any frozen product that contains milk solids not fat, or butterfat, and which is

commonly referred to in the dairy industry as a novelty.

8. "Marketing area" means a geographical portion of this state, within which minimum or

maximum prices established by the board must be uniform.

9. "Milk" means the lacteal secretion, practically free of colostrum, obtained by the

complete milking of a healthy hooved mammal, including any member of the order

Cetartiodactyla and including a member of the family:

a. Bovidae, including cattle, water buffalo, sheep, goats, and yaks;

b. Cervidae, including deer, reindeer, and moose;

c. Equidae, including horses and donkeys; and

d. Camelidae, including llamas, alpacas, and camels.

10. "Milk product" means:

a. (1) Buttermilk, including plain and creamed;

(2) Concentrated milk;

(3) Creamline milk;

(4) Flavored milk;

(5) Flavored skim milk;

(6) Fortified milk;

(7) Homogenized milk;

(8) Low fat milk;

(9) Raw milk;

(10) Regular milk;

(11) Skim milk;

(12) Special milk;

(13) Standardized milk; and

(14) Whole pasteurized milk;

b. (1) Cottage cheese; and

(2) Creamed cottage cheese;

c. Eggnog;

d. (1) Fluid cream;

(2) Half and half;

(3) Sour cream;

(4) Whipped cream; and

(5) Whipping cream; and

e. Yogurt.

11. a. "Processor" means a person who:

(1) Processes or manufactures milk products or frozen dairy products;

(2) Purchases raw milk from a grade A dairy farmer for resale to a person who

processes or manufactures milk products or frozen dairy products; or

(3) Purchases bulk milk from anyone for resale to a person who processes or

manufactures milk products or frozen dairy products.

b. The term "processor" does not include a person who purchases ice cream mix,

ice milk mix, or other frozen dairy products, provided:

(1) The person's processing activities are limited to converting the mix into a

frozen dairy product; and

(2) More than half the sales of which are then made by the person to

consumers at retail on the premises where the processing activities take

place.

12. "Retail price" means the price at which any milk product or frozen dairy product is

purchased by any person who makes such purchase for purposes other than resale.

13. "Retailer" means any person who is engaged in transferring title to milk products or

frozen dairy products to consumers at one or more retail establishments located in this

state.

14. "Stabilization plan" means a plan that contains minimum prices, maximum prices, or

both, and enforcement mechanisms.

15. "Wholesale price" means the price at which any milk product or frozen dairy product is

purchased by a retailer.
N.D. Cent. Code § 41-03-23 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-23
41-03-23. (3-204) Endorsement
Status: in_force

41-03-23. (3-204) Endorsement

1. "Endorsement" means a signature, other than that of a signer as maker, drawer, or

acceptor, that alone or accompanied by other words is made on an instrument for the

purpose of negotiating the instrument, restricting payment of the instrument, or

incurring endorser's liability on the instrument regardless of the intent of the signer, a

signature and its accompanying words is an endorsement unless the accompanying

words, the terms of the instrument, the place of the signature, or other circumstances

unambiguously indicate that the signature was made for a purpose other than

endorsement. For the purpose of determining whether a signature is made on an

instrument, a paper affixed to the instrument is a part of the instrument.

2. "Endorser" means a person who makes an endorsement.

3. For the purpose of determining whether the transferee of an instrument is a holder, an

endorsement that transfers a security interest in the instrument is effective as an

unqualified endorsement of the instrument.

4. If an instrument is payable to a holder under a name that is not the name of the holder,

endorsement may be made by the holder in the name stated in the instrument or in the

holder's name or both, but signature in both names may be required by a person

paying or taking the instrument for value or collection.
N.D. Cent. Code § 4.1-33-05 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-05
4.1-33-05. Application to governmental entities and public utilities
Status: in_force

4.1-33-05. Application to governmental entities and public utilities

All governmental agencies and public utilities are subject to this chapter and rules adopted

under this chapter.
N.D. Cent. Code § 4.1-09-24 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-24
4.1-09-24. Penalty
Status: in_force

4.1-09-24. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-09-57 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-57
41-09-57. (9-337) Priority of security interests in goods covered by certificate of title
Status: in_force

41-09-57. (9-337) Priority of security interests in goods covered by certificate of title

If, while a security interest in goods is perfected by any method under the law of another

jurisdiction, this state issues a certificate of title that does not show that the goods are subject to

the security interest or contain a statement that they may be subject to security interests not

shown on the certificate:

1. A buyer of the goods, other than a person in the business of selling goods of that kind,

takes free of the security interest if the buyer gives value and receives delivery of the

goods after issuance of the certificate and without knowledge of the security interest;

and

2. The security interest is subordinate to a conflicting security interest in the goods that

attaches, and is perfected under subsection 2 of section 41-09-31, after issuance of

the certificate and without the conflicting secured party's knowledge of the security

interest.
N.D. Cent. Code § 41-09-16 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-16
41-09-16. (9-206) Security interest arising in purchase or delivery of financial asset
Status: in_force

41-09-16. (9-206) Security interest arising in purchase or delivery of financial asset

1. A security interest in favor of a securities intermediary attaches to a person's security

entitlement if:

a. The person buys a financial asset through the securities intermediary in a

transaction in which the person is obligated to pay the purchase price to the

securities intermediary at the time of the purchase; and

b. The securities intermediary credits the financial asset to the buyer's securities

account before the buyer pays the securities intermediary.

2. The security interest described in subsection 1 secures the person's obligation to pay

for the financial asset.

3. A security interest in favor of a person that delivers a certificated security or other

financial asset represented by a writing attaches to the security or other financial asset

if:

a. The security or other financial asset:

(1) In the ordinary course of business is transferred by delivery with any

necessary indorsement or assignment; and

(2) Is delivered under an agreement between persons in the business of

dealing with such securities or financial assets; and

b. The agreement calls for delivery against payment.

4. The security interest described in subsection 3 secures the obligation to make

payment for the delivery.
N.D. Cent. Code § 4.1-20-03 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-03
4.1-20-03. State soil conservation committee - Elective and appointive members - Records and seal
Status: in_force

4.1-20-03. State soil conservation committee - Elective and appointive members -

Records and seal.

1. The committee shall perform the functions conferred upon it in this chapter within the

limits of legislative appropriations. The committee consists of seven voting members.

Five members must be elected and two must be appointed by the governor.

2. For the purpose of electing the five elective members of the committee, the state is

divided into five areas.

a. (1) Area I includes Benson, Cavalier, Eddy, Foster, Grand Forks, Nelson,

Pembina, Ramsey, Towner, Walsh, and Wells Counties.

(2) Area II includes Barnes, Cass, Dickey, Griggs, LaMoure, Ransom, Richland,

Sargent, Steele, and Traill Counties.

(3) Area III includes Bottineau, Burke, Divide, McHenry, Mountrail, Pierce,

Renville, Rolette, and Ward Counties.

(4) Area IV includes Burleigh, Emmons, Kidder, Logan, McIntosh, McLean,

Morton, Oliver, Sheridan, Sioux, and Stutsman Counties.

(5) Area V includes Adams, Billings, Bowman, Dunn, Golden Valley, Grant,

Hettinger, McKenzie, Mercer, Stark, Slope, and Williams Counties.

b. One member of the committee must be elected from each of the five areas by

vote of the members of the boards of supervisors of the districts in that area.

Every voting member of a board of supervisors of a district organized under this

chapter is eligible to vote in the election for a member of the committee in the

area in which the district is located.

c. Elections must be held under rules adopted by the committee and in cooperation

with and at the time of the North Dakota association of soil conservation districts

area meetings. If the district does not lie wholly within the boundaries of one of

the five areas established under this section, the rules must provide for the

assignment of the district by the committee, for the purposes of the elections, to

the area within which most of its population resides.

d. The committee shall conduct the election of members of the committee. The

election need not be held on the same dates or in the same places as the general

elections for state or local officers.

3. The governor shall appoint two members of the committee. The governor shall appoint

individuals who can represent those interests within the state not already represented,

or less fully represented, by one or more of the five elected members of the

committee. The governor shall attempt, so far as feasible, to make possible suitable

representation for all interests in the state in the membership of the committee,

including the interests of farmers, livestock growers, rural areas, small and large cities,

and industry and business, recognizing that any single member of the committee may

sometimes appropriately be regarded as representing more than one of these

interests.

4. The committee shall invite representatives of the state association of soil conservation

districts, North Dakota state university extension service, soil conservation service,

state water commission, agriculture commissioner, and game and fish department to

serve as advisory, nonvoting members of the committee.

5. The term of office of every member of the committee is three years and until a

successor is elected or appointed. A member of the committee is eligible for re-election

and reappointment, but no member may serve for more than two full, successive

terms. The governor may fill a vacancy in either an elective or appointive term for the

unexpired term.
N.D. Cent. Code § 4.1-20-34 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-34
4.1-20-34. Board of adjustment - Rules - Chairman - Meetings - Quorum - Records
Status: in_force

4.1-20-34. Board of adjustment - Rules - Chairman - Meetings - Quorum - Records

The board of adjustment shall adopt rules to govern its procedure, in accordance with this

chapter and any ordinance adopted under this chapter. The board shall designate, and may

replace at any time, a chairman from among its members. Meetings of the board must be held

at the call of the chairman and at any other time as the board may determine. Any two members

of the board constitute a quorum. The chairman, or another member of the board designated by

the chairman to serve as acting chairman, may administer oaths and compel the attendance of

witnesses. All meetings of the board are open to the public. The board shall keep a full and

accurate record of its proceedings, all documents filed with it, and all orders entered by the

board. The record must be filed in the office of the board and is a public record.
N.D. Cent. Code § 4.1-07-11 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-11
4.1-07-11. First purchaser - Certificate
Status: in_force

4.1-07-11. First purchaser - Certificate

1. Before a first purchaser of dry peas and lentils may sell, process, or ship any dry peas

or lentils, the first purchaser shall obtain a certificate from the council.

2. The certificate is available upon submission to the council of an application containing

the name under which the first purchaser is transacting business within this state, the

first purchaser's place of business, and the location of loading and shipping places of

the first purchaser's agents.

a. If the first purchaser is a corporation, the application must include the corporate

name and the names and addresses of the principal officers and agents within

this state.

b. If the first purchaser is a partnership, the application must include the name of the

partnership and the names and addresses of the persons constituting the

partnership.

c. If the first purchaser is a limited liability company, the application must include the

name of the limited liability company and the names and addresses of its

principal managers and agents within this state.

3. The first purchaser shall notify the council whenever there is a change of information

required by this section.
N.D. Cent. Code § 41-08-20 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-20
41-08-20. (8-204) Effect of issuer's restriction on transfer
Status: in_force

41-08-20. (8-204) Effect of issuer's restriction on transfer

A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is

ineffective against a person without knowledge of the restriction unless:

1. The security is certificated and the restriction is noted conspicuously on the security

certificate; or

2. The security is uncertificated and the registered owner has been notified of the

restriction.
N.D. Cent. Code § 4.1-57-12 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-12
4.1-57-12. Security - Requirements for increase - Production of verified financial statements - Hearing
Status: in_force

4.1-57-12. Security - Requirements for increase - Production of verified financial

statements - Hearing.

The seed commissioner at any time may increase the security required of a wholesale

potato dealer. The seed commissioner at any time may require verified financial statements

from a dealer. If a dealer fails to furnish the information or fails to provide increased security

when directed by the seed commissioner, the seed commissioner shall suspend the dealer's

license. After providing the dealer with at least ten days' notice and a hearing, the seed

commissioner may revoke the dealer's license.
N.D. Cent. Code § 4.1-20-44 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-44
4.1-20-44. Petitions for discontinuance of district - Limitation on filing
Status: in_force

4.1-20-44. Petitions for discontinuance of district - Limitation on filing

The state soil conservation committee may not entertain petitions for the discontinuance of

any district, conduct elections upon those petitions, or make determinations pursuant to the

petitions in accordance with the provisions of this chapter more than once in any five-year

period.
N.D. Cent. Code § 4.1-39-07 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-07
4.1-39-07. Environment and rangeland protection fund
Status: in_force

4.1-39-07. Environment and rangeland protection fund

The environment and rangeland protection fund is a special fund in the state treasury. The

moneys in this fund may be used for rangeland improvement projects and to address issues

relating to harmonization of crop protection product standards. The rangeland improvement

projects may include noxious weed control; ground water testing, analysis, protection, and

improvement; analysis of food products for residues of pesticides and other materials; and

analysis and disposal of unusable pesticides and pesticide containers.
N.D. Cent. Code § 4.1-28-07 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-07
4.1-28-07. Sale of livestock by weight - Scales to be inspected
Status: in_force

4.1-28-07. Sale of livestock by weight - Scales to be inspected

Notwithstanding section 36-21-15, all livestock sold by weight through a video livestock

auction market or internet livestock auction market must be sold based on the weight of the

livestock on the day of delivery. All livestock sold by weight must be weighed on scales that

have been tested and inspected by the department of weights and measures in the manner

provided by law.
N.D. Cent. Code § 4.1-13-12 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-12
4.1-13-12. Commission members - Compensation
Status: in_force

4.1-13-12. Commission members - Compensation

Each member of the commission is entitled to receive compensation in the amount

established by the commission, 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 commission.
N.D. Cent. Code § 4.1-47-03 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-03
4.1-47-03. Noxious weed control - Agriculture commissioner - Powers
Status: in_force

4.1-47-03. Noxious weed control - Agriculture commissioner - Powers

The commissioner may enter upon any land in the state to perform duties and to exercise

powers under this chapter, including taking specimens of weeds or other materials, without the

consent of the landowner or other person responsible for the land and without being subject to

any action for trespass or damages, provided reasonable care is exercised.
N.D. Cent. Code § 4.1-18.1-03 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-03
4.1-18.1-03. License fee
Status: in_force

4.1-18.1-03. License fee

The commissioner shall assess each producer and processor a fee not to exceed three

hundred fifty dollars. The commissioner shall deposit fees collected under this chapter in the

commissioner's operating fund which are appropriated to the commissioner on a continuing

basis for the purpose of enforcing this chapter.
N.D. Cent. Code § 41-09-03 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-03
41-09-03. (9-103) Purchase-money security interest - Application of payments - Burden of establishing
Status: in_force

41-09-03. (9-103) Purchase-money security interest - Application of payments -

Burden of establishing.

1. In this section:

a. "Purchase-money collateral" means goods or software that secures a

purchase-money obligation incurred with respect to that collateral; and

b. "Purchase-money obligation" means an obligation of an obligor incurred as all or

part of the price of the collateral or for value given to enable the debtor to acquire

rights in or the use of the collateral if the value is in fact so used.

2. A security interest in goods is a purchase-money security interest:

a. To the extent that the goods are purchase-money collateral with respect to that

security interest;

b. If the security interest is in inventory that is or was purchase-money collateral,

also to the extent that the security interest secures a purchase-money obligation

incurred with respect to other inventory in which the secured party holds or held a

purchase-money security interest; and

c. Also to the extent that the security interest secures a purchase-money obligation

incurred with respect to software in which the secured party holds or held a

purchase-money security interest.

3. A security interest in software is a purchase-money security interest to the extent that

the security interest also secures a purchase-money obligation incurred with respect to

goods in which the secured party holds or held a purchase-money security interest if:

a. The debtor acquired its interest in the software in an integrated transaction in

which the debtor acquired an interest in the goods; and

b. The debtor acquired its interest in the software for the principal purpose of using

the software in the goods.

4. The security interest of a consignor in goods that are the subject of a consignment is a

purchase-money security interest in inventory.

5. If the extent to which a security interest is a purchase-money security interest depends

on the application of a payment to a particular obligation, the payment must be

applied:

a. In accordance with any reasonable method of application to which the parties

agree;

b. In the absence of the parties' agreement to a reasonable method, in accordance

with any intention of the obligor manifested at or before the time of payment; or

c. In the absence of an agreement to a reasonable method and a timely

manifestation of the obligor's intention, in the following order:

(1) To obligations that are not secured; and

(2) If more than one obligation is secured, to obligations secured by

purchase-money security interests in the order in which those obligations

were incurred.

6. A purchase-money security interest does not lose its status as such, even if:

a. The purchase-money collateral also secures an obligation that is not a

purchase-money obligation;

b. Collateral that is not purchase-money collateral also secures the purchase-money

obligation; or

c. The purchase-money obligation has been renewed, refinanced, consolidated, or

restructured.

7. A secured party claiming a purchase-money security interest has the burden of

establishing the extent to which the security interest is a purchase-money security

interest.
N.D. Cent. Code § 4.1-58-27 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-27
4.1-58-27. Bailment not a sale
Status: in_force

4.1-58-27. Bailment not a sale

When grain is delivered to any public warehouse and an unconverted scale ticket or a

warehouse receipt is issued, the delivery is a bailment and not a sale of the grain delivered. The

grain delivered may not be liable to seizure upon process of a court in an action against the

bailee, except in an action by an owner of the unconverted scale ticket or warehouse receipt to

enforce the terms of the delivery or obtain redelivery of the delivered grain. In the event of the

failure or insolvency of the warehouseman, all the grain in the warehouse, whether the grain is

stored or not, first must be applied at all times to the satisfaction of receipts issued by the

warehouseman.
N.D. Cent. Code § 4.1-39-06 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-06
4.1-39-06. Crop protection products - Request to petition for registration
Status: in_force

4.1-39-06. Crop protection products - Request to petition for registration

On the written request of any agricultural commodity group, the agriculture commissioner

shall petition the environmental protection agency for the American registration of a crop

protection product approved for use in Canada.
N.D. Cent. Code § 4.1-25-24 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-24
4.1-25-24. Inspections
Status: in_force

4.1-25-24. Inspections

Upon notification, the commissioner shall have free access to all places of business,

buildings, vehicles, and equipment used in the production, storage, handling, processing,

manufacturing, transporting, and marketing of milk and milk products, and their substitutes. The

commissioner may open and inspect any container suspected of containing a substance

produced, stored, handled, processed, manufactured, transported, sold, or offered for sale

under the provisions of this chapter. It is a violation of this chapter to refuse to allow inspections

of any dairy facilities licensed under this chapter. The commissioner may suspend a license for

failure to comply with this section.
N.D. Cent. Code § 4.1-22-04 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-04
4.1-22-04. Authority for abatement - Removal from sale
Status: in_force

4.1-22-04. Authority for abatement - Removal from sale

After giving notice to the owner or the owner's agent, the commissioner may destroy, treat,

or remove from sale, at the owner's expense, any nursery stock offered for sale found to be not

viable, not accompanied by a certificate of inspection, not labeled correctly, or infested with a

pest.
N.D. Cent. Code § 41-02-61 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-61
41-02-61. (2-513) Buyer's right to inspection of goods
Status: in_force

41-02-61. (2-513) Buyer's right to inspection of goods

1. Unless otherwise agreed and subject to subsection 3, where goods are tendered or

delivered or identified to the contract for sale, the buyer has a right before payment or

acceptance to inspect them at any reasonable place and time and in any reasonable

manner. When the seller is required or authorized to send the goods to the buyer, the

inspection may be after their arrival.

2. Expenses of inspection must be borne by the buyer but may be recovered from the

seller if the goods do not conform and are rejected.

3. Unless otherwise agreed and subject to the provisions of this chapter on C.I.F.

contracts (subsection 3 of section 41-02-38), the buyer is not entitled to inspect the

goods before payment of the price when the contract provides:

a. For delivery "C.O.D." or on other like terms; or

b. For payment against documents of title, except where such payment is due only

after the goods are to become available for inspection.

4. A place or method of inspection fixed by the parties is presumed to be exclusive but

unless otherwise expressly agreed it does not postpone identification or shift the place

for delivery or for passing the risk of loss. If compliance becomes impossible,

inspection shall be as provided in this section unless the place or method fixed was

clearly intended as an indispensable condition failure of which avoids the contract.
N.D. Cent. Code § 4.1-11-08 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-08
4.1-11-08. Council members - Compensation
Status: in_force

4.1-11-08. Council members - Compensation

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

by the council plus reimbursement for expenses if the member is attending meetings or

performing duties directed by the council.
N.D. Cent. Code § 4.1-07-15 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-15
4.1-07-15. Refund of assessment
Status: in_force

4.1-07-15. Refund of assessment

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

producer shall submit to the council a written request for a refund application within

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

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

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

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

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

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

the producer is presumed to have agreed to the assessment.

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

meets or exceeds five dollars.
N.D. Cent. Code § 4.1-25-04 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-04
4.1-25-04. Financial condition - Assurance of prompt payment
Status: in_force

4.1-25-04. Financial condition - Assurance of prompt payment

Each applicant for a license under section 4.1-25-02 who intends to purchase milk from

dairy producers shall satisfy the department that the financial condition of the applicant is

adequate to assure prompt payment to the dairy producers for purchased milk.
N.D. Cent. Code § 4.1-75-01 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-01
4.1-75-01. Definition
Status: in_force

4.1-75-01. Definition

In this chapter, unless the context otherwise requires, "estray" means cattle, horses, or

mules, whether branded or unbranded, whose ownership has not been determined.
N.D. Cent. Code § 4.1-32-11 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-11
4.1-32-11. Penalty
Status: in_force

4.1-32-11. Penalty

Any person violating any provision of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-33-09 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-09
4.1-33-09. Nonresident application - Designation of agent for service of process
Status: in_force

4.1-33-09. Nonresident application - Designation of agent for service of process

1. A nonresident applying for certification as an applicator or dealer under this chapter

shall file a written power of attorney in a form as to render effective the jurisdiction of

the courts of this state over the nonresident applicant designating either:

a. North Dakota state university extension service or its designee as the

nonresident's agent upon whom service of process may be had in the event of

any suit against that nonresident person; or

b. The duly appointed nonresident person's resident agent upon whom process may

be served as provided by law.

2. The extension service is allowed such fees for service as a registered agent as

provided by law for designating resident agents. The nonresident must be furnished

with a copy of the designation of the extension service or of a resident agent. The copy

must be duly certified by the extension service.
N.D. Cent. Code § 4.1-07-10 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-10
4.1-07-10. Council - Duties
Status: in_force

4.1-07-10. Council - Duties

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

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

and market development efforts, as well as participation in programs under the

auspices of the United States dry pea and lentil council.

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

dry pea and lentil assessment and ways in which the assessment benefits dry pea and

lentil producers.
N.D. Cent. Code § 41-09-132 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-132
41-09-132. (9-802) Savings clause
Status: in_force

41-09-132. (9-802) Savings clause

1. Except as otherwise provided in this section, this Act applies to a transaction or lien

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

takes effect.

2. This Act does not affect an action, case, or proceeding commenced before this Act

takes effect.
N.D. Cent. Code § 41-09-07.2 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-07.2
41-09-07.2. (9-107B) No requirement to acknowledge or confirm - No duties
Status: in_force

41-09-07.2. (9-107B) No requirement to acknowledge or confirm - No duties

1. A person that has control under section 41-09-04, 41-09-05, or 41-09-05.1 is not

required to acknowledge that it has control on behalf of another person.

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

unless the person otherwise agrees or law other than this chapter otherwise provides,

the person does not owe any duty to the other person and is not required to confirm

the acknowledgment to any other person.
N.D. Cent. Code § 41-04.1-14 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-14
41-04.1-14. (4A-206) Transmission of payment order through funds-transfer or other communication system
Status: in_force

41-04.1-14. (4A-206) Transmission of payment order through funds-transfer or other

communication system.

1. If a payment order addressed to a receiving bank is transmitted to a funds-transfer

system or other third-party communication system for transmittal to the bank, the

system is deemed to be an agent of the sender for the purpose of transmitting the

payment order to the bank. If there is a discrepancy between the terms of the payment

order transmitted to the system and the terms of the payment order transmitted by the

system to the bank, the terms of the payment order of the sender are those

transmitted by the system. This section does not apply to a funds-transfer system of

the federal reserve banks.

2. This section applies to cancellations and amendments of payment orders to the same

extent it applies to payment orders.
N.D. Cent. Code § 41-09-91 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-91
41-09-91. (9-520) Acceptance and refusal to accept record
Status: in_force

41-09-91. (9-520) Acceptance and refusal to accept record

1. A filing office shall refuse to accept a record for filing for a reason set forth in

subsection 2 of section 41-09-87 and may refuse to accept a record for filing only for a

reason set forth in subsection 2 of section 41-09-87.

2. If a filing office refuses to accept a record for filing, it shall communicate to the person

that presented the record the fact of and reason for the refusal and the date and time

the record would have been filed had the filing office accepted it. The communication

must be made at the time and in the manner prescribed by filing-office rule but in no

event more than two business days after the filing office receives the record.

3. A filed financing statement satisfying subsections 1 and 2 of section 41-09-73 is

effective, even if the filing office is required to refuse to accept it for filing under

subsection 1. However, section 41-09-58 applies to a filed financing statement

providing information described in subdivision e of subsection 2 of section 41-09-87

which is incorrect at the time the financing statement is filed.

4. If a record communicated to a filing office provides information that relates to more

than one debtor, this part applies as to each debtor separately.
N.D. Cent. Code § 41-09-116 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-116
41-09-116. (9-621) Notification of proposal to accept collateral
Status: in_force

41-09-116. (9-621) Notification of proposal to accept collateral

1. A secured party that desires to accept collateral in full or partial satisfaction of the

obligation it secures shall send its proposal to:

a. Any person from which the secured party has received, before the debtor

consented to the acceptance, a signed notification of a claim of an interest in the

collateral;

b. Any other secured party or lienholder that, ten days before the debtor consented

to the acceptance, held a security interest in or other lien on the collateral

perfected by the filing of a financing statement that:

(1) Identified the collateral;

(2) Was indexed under the debtor's name as of that date; and

(3) Was filed in the office or offices in which to file a financing statement against

the debtor covering the collateral as of that date; and

c. Any other secured party that, ten days before the debtor consented to the

acceptance, held a security interest in the collateral perfected by compliance with

a statute, regulation, or treaty described in subsection 1 of section 41-09-31.

2. A secured party that desires to accept collateral in partial satisfaction of the obligation

it secures shall send its proposal to any secondary obligor in addition to the persons

described in subsection 1.
N.D. Cent. Code § 4.1-10-02 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-02
4.1-10-02. Potato districts - Establishment
Status: in_force

4.1-10-02. Potato districts - Establishment

The state consists of the following five potato districts:

1. Cavalier and Pembina Counties;

2. Walsh County in and west of range fifty-four;

3. Walsh County in and east of range fifty-three;

4. Benson, Grand Forks, and Nelson Counties; and

5. All remaining counties in the state.
N.D. Cent. Code § 41-08-03 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-03
41-08-03. (8-103) Rules for determining whether certain obligations and interests are securities or financial assets
Status: in_force

41-08-03. (8-103) Rules for determining whether certain obligations and interests are

securities or financial assets.

In this chapter:

1. A share or similar equity interest issued by a corporation, business trust, joint stock

company, or similar entity is a security.

2. An "investment company security" is a security. "Investment company security" means

a share or similar equity interest issued by an entity that is registered as an investment

company under the federal investment company laws, an interest in a unit investment

trust that is so registered, or a face-amount certificate issued by a face-amount

certificate company that is so registered. "Investment company security" does not

include an insurance policy or endowment policy or annuity contract issued by an

insurance company.

3. An interest in a partnership or limited liability company is not a security unless it is

dealt in or traded on securities exchanges or in securities markets, its terms expressly

provide that it is a security governed by this chapter, or it is an investment company

security. However, an interest in a partnership or limited liability company is a financial

asset if it is held in a securities account.

4. A writing that is a security certificate is governed by this chapter and not by

chapter 41-03, even though it also meets the requirements of that chapter. However, a

negotiable instrument governed by chapter 41-03 is a financial asset if it is held in a

securities account.

5. An option or similar obligation issued by a clearing corporation to its participants is not

a security but is a financial asset.

6. A commodity contract, as defined in section 41-09-02, is not a security or a financial

asset.

7. A document of title is not a financial asset unless paragraph 3 of subdivision j of

subsection 1 of section 41-08-02 applies.

8. A controllable account, controllable electronic record, or controllable payment

intangible is not a financial asset unless paragraph 3 of subdivision j of subsection 1 of

section 41-08-02 applies.
N.D. Cent. Code § 4.1-08-04 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-04
4.1-08-04. Refunds
Status: in_force

4.1-08-04. Refunds

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

beekeeper shall obtain an application form from the commissioner within sixty days

from the date the commissioner received the assessment required by section

4.1-08-02.

2. The beekeeper shall return the completed form to the commissioner within ninety days

from the date the commissioner received the assessment required by section

4.1-08-02.

3. A beekeeper is not entitled to a refund under this section unless the refundable

amount meets or exceeds five dollars.
N.D. Cent. Code § 4.1-31-02 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-02
4.1-31-02. Inspectors - Appointments - Duties
Status: in_force

4.1-31-02. Inspectors - Appointments - Duties

1. The commissioner shall appoint inspectors to examine and inspect meat food products

prepared solely for intrastate commerce in a slaughtering, meat canning, salting,

packing, or similar establishment. The inspections must take place at any time during

which the slaughtering of animals or the preparation of meat food products is being

conducted. Upon completing an inspection, the inspector shall mark, stamp, tag, or

label the product "North Dakota inspected and passed" if it is unadulterated or as

"North Dakota inspected and condemned" if the product is found to be adulterated.

2. The commissioner shall appoint inspectors to examine and inspect each slaughtering,

meat canning, salting, packing, or similar establishment in which meat food products

are prepared solely for intrastate commerce. The commissioner shall adopt rules of

sanitation applicable to these establishments. The commissioner may not allow any

meat food product from any facility not meeting the sanitary conditions required by

those rules to be labeled, marked, stamped, or tagged as "North Dakota inspected and

passed".

3. Meat food products inspected and passed under this chapter may be sold at retail in

this state.

4. Neither the commissioner, nor any inspector appointed by the commissioner, may

undertake any activity that is duplicative of an activity performed by meat inspectors of

the United States department of agriculture.
N.D. Cent. Code § 4.1-57-18 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-18
4.1-57-18. Sales reports unsatisfactory - Remedy of shipper
Status: repealed

4.1-57-18. Sales reports unsatisfactory - Remedy of shipper

Repealed by S.L. 2011, ch. 70, § 23.
N.D. Cent. Code § 4.1-55-08 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-08
4.1-55-08. Exported seed potatoes - Certification requirement
Status: in_force

4.1-55-08. Exported seed potatoes - Certification requirement

All seed potatoes leaving this state must be accompanied by:

1. A grade certificate; and

2. If required by the receiving jurisdiction, a health certificate.
N.D. Cent. Code § 4.1-39-02 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-02
4.1-39-02. Crop protection product harmonization and registration board - Membership - Duties - Grants
Status: in_force

4.1-39-02. Crop protection product harmonization and registration board -

Membership - Duties - Grants.

1. The crop protection product harmonization and registration board consists of:

a. The governor or the governor's designee;

b. The agriculture commissioner or the commissioner's designee;

c. The chairman of the house agriculture committee or the chairman's designee;

d. The chairman of the senate agriculture committee or the chairman's designee;

e. A member of the house or senate agriculture committee who is not a member of

the faction in which the committee chairman is a member, appointed by the

legislative management chairman;

f. A crop protection product dealer in the state appointed by the governor from a list

of three nominees submitted by the North Dakota agricultural association;

g. A consumer of crop protection products appointed by the governor from a list of

three nominees submitted by the North Dakota grain growers association;

h. A consumer of crop protection products appointed by the governor from a list of

three nominees submitted by the North Dakota oilseed council;

i. A representative of the crop protection product manufacturing industry appointed

by the chairman of the legislative management; and

j. The director of the North Dakota state university agricultural experiment station.

2. The director of the agricultural experiment station shall serve as a nonvoting member.

The governor or the governor's designee shall serve as chairman of the board.

3. The board shall:

a. Identify and prioritize crop protection product labeling needs;

b. Explore the extent of authority given to this state under the Federal Insecticide,

Fungicide, and Rodenticide Act [7 U.S.C. 136a];

c. Identify the data necessary to enable registration of a use to occur in a timely

manner;

d. Determine necessary research to fulfill the data requirements for activities listed

in this section;

e. Request the agriculture commissioner to pursue specific research funding options

from public and private sources;

f. Request the North Dakota state university agricultural experiment station to

pursue specific research to coordinate registration efforts; and

g. Pursue opportunities to make more crop protection product options available to

state agricultural producers through any means the board determines advisable.

4. The board may contract with a consultant to provide studies, research, or information

regarding crop protection product registration and labeling needs.

5. The board may administer a grant program through which agriculture commodity

groups may apply for funds to be used to address issues related to the registration of

crop protection products. To be eligible for a grant, an applicant must submit an

application to the board requesting a specific amount of funds, specifying the exact

purposes for which the grant would be used, and providing a detailed timetable for the

use of the grant funds. The board may impose any additional conditions it determines

appropriate for grant recipients, including requiring periodic reports and furnishing of

matching funds. The board may terminate funding of a previously approved grant at

any time if the board is dissatisfied with the performance of the grant recipient.

6. The board may use not more than fifteen percent of the funds under its supervision for

administrative purposes, including the cost of contracting for administrative services

and reimbursement of board member expenses. The members of the board who are

members of the legislative assembly are entitled to compensation and expense

reimbursement from the legislative council for attendance at board meetings at the

rate provided for members of the legislative assembly for attendance at interim

committee meetings.

7. The board may adopt rules to implement this section.
N.D. Cent. Code § 4.1-41-20 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-20
4.1-41-20. Administration - Rulemaking authority
Status: in_force

4.1-41-20. Administration - Rulemaking authority

The commissioner shall administer this chapter. The commissioner may adopt rules under

chapter 28-32 to implement this chapter.
N.D. Cent. Code § 4.1-34-11 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-11
4.1-34-11. Penalties
Status: in_force

4.1-34-11. Penalties

Any person violating this chapter is guilty of an infraction. If a registrant was issued a

warning by the commissioner under this chapter, upon violating this chapter, other than

subdivision a of subsection 1 of section 4.1-34-02, that registrant is guilty of a class A

misdemeanor and the registration of the article with which the violation occurred automatically

terminates. A pesticide for which the registration has been terminated may not again be

registered unless the pesticide, its labeling, and other material required to be submitted appear

to the commissioner to comply with the requirements of this chapter. In addition to any criminal

penalty, a person found guilty of violating this chapter or the rules adopted under this chapter is

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

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

administrative hearing under chapter 28-32.
N.D. Cent. Code § 4.1-13-16 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-16
4.1-13-16. Collection of assessment - Records
Status: in_force

4.1-13-16. Collection of assessment - Records

1. The first purchaser shall collect the assessment from the seller by deducting the

assessment from the total price of the wheat being purchased. If the wheat is subject

to a lien, pledge, or mortgage, the assessment must:

a. Be deducted from the proceeds of the loan; or

b. The claim must be secured and must be subject to adjustment at the time of

settlement if the number of bushels [liters] is not accurately determined at the

time of the lien, pledge, or mortgage.

2. At the time of the sale, the first purchaser shall provide a record of the transaction to

the seller in the manner prescribed by the commission.
N.D. Cent. Code § 4.1-53-02 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-02
4.1-53-02. Seed department - Location
Status: repealed

4.1-53-02. Seed department - Location

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-58-41 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-41
4.1-58-41. Cease and desist
Status: in_force

4.1-58-41. Cease and desist

If a warehouseman engages in an activity or practice contrary to this chapter or related

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

hearing, may order the warehouseman 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 § 4.1-35-06 — ND Code / Title 4.1 / Chapter 4.1-35 / Section 4.1-35-06
4.1-35-06. Penalties
Status: in_force

4.1-35-06. Penalties

1. Any person who violates a provision of this chapter or any rule adopted under this

chapter is guilty of a class A misdemeanor.

2. When construing and enforcing the provisions of this chapter or any rules adopted

under this chapter, the act, omission, or failure of any officer, agent, or other person

acting for or employed by any person must in every case also be deemed to be the

act, omission, or failure of such person as well as that of the person employed.

3. Any person found to have violated a provision of this chapter or rule adopted under

this chapter is subject to a civil penalty not to exceed five thousand dollars for each

violation. The civil penalty may be imposed by a court in a civil proceeding or by the

commissioner through an administrative hearing under chapter 28-32.
N.D. Cent. Code § 4.1-73-17 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-17
4.1-73-17. Defacing brands - Unlawful branding - Penalty
Status: in_force

4.1-73-17. Defacing brands - Unlawful branding - Penalty

A person is guilty of a class A misdemeanor for a first offense and a class C felony for a

second or subsequent offense if the person:

1. Alters, defaces, or attempts to alter or deface the brand on any animal owned by

another for the purpose of deceiving others as to the animal's ownership; or

2. Willfully brands, or causes to be branded, any animal owned by another for the

purpose of deceiving others as to the animal's ownership.
N.D. Cent. Code § 41-09-109 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-109
41-09-109. (9-612) Timeliness of notification before disposition of collateral
Status: in_force

41-09-109. (9-612) Timeliness of notification before disposition of collateral

1. Except as otherwise provided in subsection 2, whether a notification is sent within a

reasonable time is a question of fact.

2. A notification of disposition sent after default and ten days before the earliest time of

disposition set forth in the notification is sent within a reasonable time before the

disposition.
N.D. Cent. Code § 4.1-03-03 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-03
4.1-03-03. Term of office
Status: in_force

4.1-03-03. Term of office

1. The term of office for each member is three years and begins on July first. The terms

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

2. A member of the commission may not serve more than two consecutive terms. If an

individual is appointed after August 1, 2009, to complete a vacancy, that service is not

counted as a term, for purposes of this section, unless the duration of that service

exceeds one year.
N.D. Cent. Code § 4.1-10-07 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-07
4.1-10-07. Council - Powers
Status: in_force

4.1-10-07. Council - Powers

1. The council may:

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

b. Employ, bond, and compensate necessary personnel;

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

this chapter;

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

e. Sue and be sued; and

f. Do all things necessary and proper to enforce and administer this chapter.

2. The council may not engage in a commercial business enterprise.
N.D. Cent. Code § 4.1-11-11 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-11
4.1-11-11. Assessment
Status: in_force

4.1-11-11. Assessment

If a federal assessment under the Soybean Promotion, Research, and Consumer

Information Act [Pub. L. 101-624; 104 Stat, 3881; 7 U.S.C. 92 et seq.] or a similar act remains in

place, a state assessment under this section is prohibited. If the Soybean Promotion, Research,

and Consumer Information Act [Pub. L. 101-624; 104 Stat, 3881; 7 U.S.C. 92 et seq.] or similar

act eliminates a federal assessment, the council shall implement a state assessment equaling

one-half of one percent of the value of the sale must be imposed upon all soybeans sold to a

designated handler.
N.D. Cent. Code § 4.1-58-19 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-19
4.1-58-19. Warehouse and storage contract - Storage rates - Terminal delivery
Status: in_force

4.1-58-19. Warehouse and storage contract - Storage rates - Terminal delivery

1. A warehouse receipt must contain, either on its face or reverse side, the following

warehouse and storage contract:

This grain is received, insured, and stored subject to the laws and rules of the

state of North Dakota, the terms of this contract, and the charges and conditions

stated herein and as filed with the North Dakota agriculture commissioner. Upon

surrender of this receipt and payment or tender of all applicable charges, the

amount, kind, and grade of grain identified in this receipt will be delivered to the

person named above or the person's order as rapidly as due diligence, care, and

prudence will permit. At the option of the holder of this receipt, the amount, kind,

and grade of grain for which this receipt is issued, upon demand, must be

delivered back to the holder at any terminal point customarily shipped to, or at the

place where received, upon the payment of any charges for receiving, handling,

storage, and insurance and in case of terminal delivery, the payment in addition

to the above of the regular freight charges on the gross amount called for by this

ticket or in lieu thereof, a receipt issued by a bonded warehouse or elevator

company doing business at the terminal point. This receipt does not require the

delivery of the identical grain specified herein, but an equal amount of grain of the

same kind and grade must be delivered.

2. A warehouseman shall publish and post, in a conspicuous place in its warehouse, the

fees that will be assessed for receiving, storing, processing, or redelivering grain and

the termination date of its warehouse receipts. This publication must be filed with the

commissioner as a part of the warehouse license process or annual renewal. The fees

and termination date must be stated on the warehouse receipt issued for the grain.

The fees or termination date may be changed upon filing a revised publication with the

commissioner.
N.D. Cent. Code § 4.1-56-06 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-06
4.1-56-06. Governance committee - Powers
Status: in_force

4.1-56-06. Governance committee - Powers

The governance committee may:

1. Expend moneys collected pursuant to this chapter;

2. Employ and compensate necessary personnel;

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

chapter; and

4. Do all things necessary and proper to enforce this chapter and any rules adopted to

implement this chapter.
N.D. Cent. Code § 4.1-09-20 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-20
4.1-09-20. Reimbursement for double payments
Status: in_force

4.1-09-20. Reimbursement for double payments

Notwithstanding section 4.1-09-19, if a producer documents to the council that the producer

has paid the assessment more than once on the same oilseeds, the council shall reimburse the

producer for the double payment.
N.D. Cent. Code § 4.1-72-06 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-06
4.1-72-06. Federally sponsored programs - Administration - Records
Status: in_force

4.1-72-06. Federally sponsored programs - Administration - Records

1. Except as provided in subsection 2, any information created, collected, or maintained

by the state veterinarian or the North Dakota stockmen's association with respect to

the administration of any federally sponsored program pertaining to livestock as

permitted by section 4.1-72-05 is confidential and not subject to the open records

requirements of section 44-04-18.

2. Neither the state veterinarian nor the North Dakota stockmen's association may

release any information designated as confidential under subsection 1, except:

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

information;

b. In accordance with federal law;

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

disease traceback;

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

criminal investigation; or

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

3. This section does not preclude the exchange of information between the state

veterinarian and the North Dakota stockmen's association.

4. Any person violating this section is subject to the remedies set forth in section
N.D. Cent. Code § 41-01-04 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-04
41-01-04. (1-104) Construction against implied repeal
Status: repealed

41-01-04. (1-104) Construction against implied repeal

This title is a general act intended as a unified coverage of its subject matter. A part of this

title may not be deemed to be impliedly repealed by subsequent legislation if such construction

can reasonably be avoided.
N.D. Cent. Code § 41-09-22 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-22
41-09-22. (9-302) Law governing perfection and priority of agricultural liens
Status: in_force

41-09-22. (9-302) Law governing perfection and priority of agricultural liens

While farm products are located in a jurisdiction, the local law of that jurisdiction governs

perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the

farm products.
N.D. Cent. Code § 4.1-25-10 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-10
4.1-25-10. Failure to file security - Notice to producers
Status: in_force

4.1-25-10. Failure to file security - Notice to producers

1. If an applicant or licensee fails to file a surety bond or other security within the time

fixed by section 4.1-25-09 or fails to comply with a demand for additional security, the

department shall publish in newspapers having circulation in the areas where the

producers whose milk is sold or delivered to the applicant or licensee reside, a notice

stating:

a. The department made a demand for additional security from the applicant or

licensee;

b. The applicant or licensee has failed to comply;

c. The department does not have on file a surety bond or other security as

demanded; and

d. Adequate security to protect producers may not be available to them.

2. In addition to a published notice to producers, the department shall send, by registered

mail, a copy of the notice to each producer delivering milk to the applicant or licensee

as determined from available records. The notice must be addressed to the producer's

last-known address.
N.D. Cent. Code § 4.1-47-12 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-12
4.1-47-12. County weed control officer - Powers
Status: in_force

4.1-47-12. County weed control officer - Powers

A county weed control officer may enter upon any land within the jurisdiction of the officer to

perform duties and to exercise powers under sections 4.1-47-01 through 4.1-47-30, including

taking specimens of weeds or other materials, without the consent of the landowner or other

person responsible for the land and without being subject to any action for trespass or

damages, provided reasonable care is exercised.
N.D. Cent. Code § 4.1-27-03 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-03
4.1-27-03. License requirements - Application - Fee - Commission schedule - Facilities
Status: in_force

4.1-27-03. License requirements - Application - Fee - Commission schedule -

Facilities.

A person may not establish or operate a livestock auction market within this state without

procuring a license to do so from the commissioner. The commissioner may not approve any

application without written permission from the state veterinarian. An applicant for a license

shall:

1. Make a written application in the form prescribed by the commissioner;

2. File evidence required by the state board of animal health or the commissioner to

show the person is financially responsible to operate an auction market and the person

will own or control adequate facilities for the care, sorting, feeding, loading and

unloading, and shipment of livestock;

3. Pay to the commissioner a license fee of two hundred dollars;

4. File with the commissioner a schedule of fees and commissions that will be charged to

owners, sellers, or their agents. The schedule must be posted conspicuously at the

auction market. The schedule may not be altered except upon notification to the

commissioner. The altered schedule must be reposted upon notification to the

commissioner;

5. State the location where the applicant proposes to operate a livestock auction market;

6. Make a complete and detailed description of the property and facilities proposed to be

used in connection with the livestock auction market; and

7. Make a showing of public convenience and necessity to the satisfaction of the

commissioner.
N.D. Cent. Code § 4.1-06-06 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-06
4.1-06-06. Quorum
Status: in_force

4.1-06-06. Quorum

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

business.
N.D. Cent. Code § 41-09-133 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-133
41-09-133. (9-803) Security interest perfected before effective date
Status: in_force

41-09-133. (9-803) Security interest perfected before effective date

1. A security interest that is a perfected security interest immediately before this Act takes

effect is a perfected security interest under this chapter as amended by this Act if,

when this Act takes effect, the applicable requirements for attachment and perfection

under this chapter as amended by this Act are satisfied without further action.

2. Except as otherwise provided in section 41-09-135, if, immediately before this Act

takes effect, a security interest is a perfected security interest, but the applicable

requirements for perfection under this chapter as amended by this Act are not satisfied

when this Act takes effect, the security interest remains perfected thereafter only if the

applicable requirements for perfection under this chapter as amended by this Act are

satisfied within one year after this Act takes effect.
N.D. Cent. Code § 41-01-12 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-12
41-01-12. (1-204) Value
Status: in_force

41-01-12. (1-204) Value

Except as otherwise provided in chapters 41-03, 41-04, 41-05, and 41-12, a person gives

value for rights if the person acquires the rights:

1. In return for a binding commitment to extend credit or for the extension of immediately

available credit, whether or not drawn upon and whether or not a chargeback is

provided for in the event of difficulties in collection;

2. As security for, or in total or partial satisfaction of, a pre-existing claim;

3. By accepting delivery under a pre-existing contract for purchase; or

4. In return for any consideration sufficient to support a simple contract.
N.D. Cent. Code § 4.1-05-11 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-11
4.1-05-11. Reports
Status: in_force

4.1-05-11. Reports

1. Any person required by section 4.1-05-10 to keep a record shall:

a. Submit to the commission a form indicating:

(1) The amount of milk that was subject to the assessment during the preceding

month; and

(2) Any other information that the commission requests; and

b. Retain a copy of the form for a period of three years from the date of the

submission.

2. Any dealer or processor required to submit a form under this section shall make the

form available upon request to any producer who sold milk to the dealer or processor.
N.D. Cent. Code § 4.1-34-08 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-08
4.1-34-08. Stop-sale orders
Status: in_force

4.1-34-08. Stop-sale orders

The commissioner may issue and enforce a stop-sale order to the owner or custodian of

any pesticide when the commissioner finds that the product is being offered for sale in violation

of this chapter. The order must direct the product be held at a designated place until released in

writing by the commissioner. The owner or custodian of the product has the right to petition a

court of competent jurisdiction in the county where the product is found for an order releasing

the product for sale in accordance with the findings of the court.
N.D. Cent. Code § 4.1-27-19 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-19
4.1-27-19. Use of fees - Grounds for refusal or revocation of license - Procedure on default of licensee
Status: in_force

4.1-27-19. Use of fees - Grounds for refusal or revocation of license - Procedure on

default of licensee.

All fees collected by the commissioner under this chapter must be credited to the general

fund of the state treasury. A license to operate a livestock auction market may be refused or

revoked for any of the reasons specified in section 4.1-83-10 or 4.1-83-19. When the holder of a

license issued under this chapter defaults in any of the conditions of any bond filed with the

commissioner by the licensee, the commissioner will become trustee of the bond and sections

4.1-83-21 through 4.1-83-28 govern the procedure to be followed.
N.D. Cent. Code § 4.1-20-43 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-43
4.1-20-43. Ordinances, regulations, and contracts of districts after dissolution
Status: in_force

4.1-20-43. Ordinances, regulations, and contracts of districts after dissolution

After a certificate of dissolution has been issued as provided in section 4.1-20-42, all

ordinances and regulations that have been adopted and in force within the dissolved district are

of no further force and effect. All contracts that have been made, to which the district

supervisors are parties, remain in force and effect for the period provided in the contracts, and

the committee is substituted for the district or supervisors as party to the contracts. The

committee is entitled to all the benefits and subject to all the liabilities under the contracts and

has the same right as the supervisors of the district would have had.
N.D. Cent. Code § 4.1-25-41 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-41
4.1-25-41. Labeling and identity standards
Status: in_force

4.1-25-41. Labeling and identity standards

A person who sells milk or milk products at retail in the state shall comply with the labeling

standards and standards of identity set forth in 21 U.S.C. 343(q)(r) and in rules adopted by the

commissioner.
N.D. Cent. Code § 41-02-47 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-47
41-02-47. (2-402) Rights of seller's creditors against sold goods
Status: in_force

41-02-47. (2-402) Rights of seller's creditors against sold goods

1. Except as provided in subsections 2 and 3, rights of unsecured creditors of the seller

with respect to goods which have been identified to a contract for sale are subject to

the buyer's rights to recover the goods under this chapter (sections 41-02-50 and

41-02-95).

2. A creditor of the seller may treat a sale or an identification of goods to a contract for

sale as void if as against that creditor a retention of possession by the seller is

fraudulent under any rule of law of the state where the goods are situated, except that

retention of possession in good faith and current course of trade by a merchant-seller

for a commercially reasonable time after a sale or identification is not fraudulent.

3. Nothing in this chapter shall be deemed to impair the rights of creditors of the seller:

a. Under the provisions of the chapter on secured transactions (chapter 41-09); or

b. If identification to the contract or delivery is made 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 is made under circumstances which under any rule of law of the state

where the goods are situated would apart from this chapter constitute the

transaction a fraudulent transfer or voidable preference.
N.D. Cent. Code § 41-08-18 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-18
41-08-18. (8-202) Issuer's responsibility and defenses - Notice of defect or defense
Status: in_force

41-08-18. (8-202) Issuer's responsibility and defenses - Notice of defect or defense

1. Even against a purchaser for value and without notice, the terms of a certificated

security include terms stated on the certificate and terms made part of the security by

reference on the certificate to another instrument, indenture, or document or to a

constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the

terms referred to do not conflict with terms stated on the certificate. A reference under

this subsection does not of itself charge a purchaser for value with notice of a defect

going to the validity of the security, even if the certificate expressly states that a person

accepting it admits notice. The terms of an uncertificated security include those stated

in any instrument, indenture, or document or in a constitution, statute, ordinance, rule,

regulation, order, or the like, pursuant to which the security is issued.

2. The following rules apply if an issuer asserts that a security is not valid:

a. A security other than one issued by a government or governmental subdivision,

agency, or instrumentality, even though issued with a defect going to its validity, is

valid in the hands of a purchaser for value and without notice of the particular

defect unless the defect involves a violation of a constitutional provision. In that

case, the security is valid in the hands of a purchaser for value and without notice

of the defect, other than one who takes by original issue.

b. Subdivision a applies to an issuer that is a government or governmental

subdivision, agency, or instrumentality only if there has been substantial

compliance with the legal requirements governing the issue or the issuer has

received a substantial consideration for the issue as a whole or for the particular

security and a stated purpose of the issue is one for which the issuer has power

to borrow money or issue the security.

3. Except as otherwise provided in section 41-08-21, lack of genuineness of a certificated

security is a complete defense, even against a purchaser for value and without notice.

4. All other defenses of the issuer of a security, including nondelivery and conditional

delivery of a certificated security, are ineffective against a purchaser for value who has

taken the certificated security without notice of the particular defense.

5. This section does not affect the right of a party to cancel a contract for a security

"when, as and if issued" or "when distributed" in the event of a material change in the

character of the security that is the subject of the contract or in the plan or

arrangement pursuant to which the security is to be issued or distributed.

6. If a security is held by a securities intermediary against whom an entitlement holder

has a security entitlement with respect to the security, the issuer may not assert any

defense that the issuer could not assert if the entitlement holder held the security

directly.
N.D. Cent. Code § 4.1-53-17 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-17
4.1-53-17. Agricultural seed - Selling by brand - Label requirement
Status: in_force

4.1-53-17. Agricultural seed - Selling by brand - Label requirement

The seed of barley, canola, dry beans, durum, field peas, flax, oats, soybeans, and wheat

may be sold by brand, provided the true variety name or number is clearly stated on the label.
N.D. Cent. Code § 4.1-01-07 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-07
4.1-01-07. Disposition of proceeds of furs, skins, and specimens taken
Status: in_force

4.1-01-07. Disposition of proceeds of furs, skins, and specimens taken

All furs, skins, and specimens taken by hunters and trappers paid out of funds appropriated

to carry out section 4.1-01-05 must be disposed of in a manner the commissioner determines is

in the best interest of the state. If furs, skins, or specimens are sold, the net proceeds of the

sales, up to fifteen thousand dollars per biennium, must be used by the United States

department of agriculture wildlife services to fund program activities benefiting the state's

livestock producers.
N.D. Cent. Code § 4.1-47-16 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-16
4.1-47-16. State appropriations for noxious weed control - Landowner assistance program
Status: in_force

4.1-47-16. State appropriations for noxious weed control - Landowner assistance

program.

1. The commissioner shall consult with representatives of county and city weed boards

and develop a formula for the distribution to eligible county weed boards and eligible

city weed boards of all moneys appropriated by the state for the landowner assistance

program.

2. a. The formula must require that county officials budget, from revenues derived from

county sources, an amount equal to the revenue that could be raised by a levy of

at least three mills for noxious weed control against taxable property in the county

which does not lie within the boundaries of a city having a noxious weed control

program under this chapter.

b. The formula must require that city officials budget, from city sources, an amount

equal to the revenue that could be raised by a levy of at least three mills for

noxious weed control.

3. a. The formula must require that the landowner contribute an amount equal to at

least twenty percent of the cost to be expended on behalf of the landowner.

b. The nature and type of the landowner's contribution must be determined by the

weed board having jurisdiction over the area in which the landowner's property is

located.
N.D. Cent. Code § 41-02-74 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-74
41-02-74. (2-611) Retraction of anticipatory repudiation
Status: in_force

41-02-74. (2-611) Retraction of anticipatory repudiation

1. Until the repudiating party's next performance is due, the repudiating party can retract

the party's repudiation unless the aggrieved party has since the repudiation canceled

or materially changed the aggrieved party's position or otherwise indicated that the

aggrieved party considers the repudiation final.

2. Retraction may be by any method which clearly indicates to the aggrieved party that

the repudiating party intends to perform, but must include any assurance justifiably

demanded under the provisions of this chapter (section 41-02-72).

3. Retraction reinstates the repudiating party's rights under the contract with due excuse

and allowance to the aggrieved party for any delay occasioned by the repudiation.
N.D. Cent. Code § 4.1-53-19 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-19
4.1-53-19. Agricultural seed components - Label requirements - Mixture or blend - Designation
Status: in_force

4.1-53-19. Agricultural seed components - Label requirements - Mixture or blend -

Designation.

If more than ten percent of the whole consists of an aggregate of agricultural seed

components, each present in an amount not exceeding five percent of the whole, the label must

include each component in excess of one percent of the whole named together with the

percentage by weight of each. Each component must be listed in the order of its predominance.

If more than one component is named, the word "mixture" or "blend" must be stated

appropriately with the name of the mixture or blend.
N.D. Cent. Code § 4.1-07-01 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-01
4.1-07-01. Definitions
Status: in_force

4.1-07-01. Definitions

As used in this chapter:

1. "Council" means the North Dakota dry pea and lentil council.

2. "Dry peas and lentils" include chickpeas, lupins, and fava beans.

3. "First purchaser" means any person accepting for sale or otherwise acquiring dry peas

and lentils from a grower after harvest. The term includes a mortgagee, pledgee,

lienor, and any person having a claim against the producer, when the actual or

constructive possession of dry peas and lentils is taken as partial payment or in

satisfaction of a mortgage, pledge, lien, or claim.

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

section 4.1-07-15 for at least three years.

5. "Producer" means any person that:

a. Plants or causes to be planted a dry pea and lentil crop in which the person has

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

harvested; or

b. Has planted and subsequently will plant a dry pea and lentil crop as part of the

person's crop rotation within a six-year period.
N.D. Cent. Code § 41-09-92 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-92
41-09-92. (9-521) Uniform form of written financing statement and amendment
Status: in_force

41-09-92. (9-521) Uniform form of written financing statement and amendment

1. A filing office that accepts written records may not refuse to accept a written initial

financing statement in the form and format established by the secretary of state,

except for a reason set forth in subsection 2 of section 41-09-87.

2. A filing office that accepts written records may not refuse to accept a written record in

the form and format established by the secretary of state, except for a reason set forth

in subsection 2 of section 41-09-87.
N.D. Cent. Code § 4.1-23-01 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-01
4.1-23-01. Definitions
Status: in_force

4.1-23-01. Definitions

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

1. "Certificate" means a document issued or authorized by the commissioner indicating a

regulated article is not contaminated with a pest.

2. "Commissioner" means the agriculture commissioner or the commissioner's authorized

representative.

3. "Host" means any plant or plant product upon which a pest is dependent for

completion of any portion of its life cycle.

4. "Infested" means infected with a quantity of pests or so exposed to a quantity of pests

that it would be reasonable to believe that potential for harm or threat to the health of

the host exists.

5. "Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise

transport, or allow to be transported.

6. "Permit" means a document issued or authorized by the commissioner to provide for

the movement of regulated articles to restricted destinations for limited handling,

utilization, or processing.

7. "Person" means any individual, corporation, limited liability company, company,

society, or association, or other business entity.

8. "Pest" means any invertebrate animal, pathogen, parasitic plant, or similar organism

that can cause damage to a plant or part of a plant or any processed, manufactured,

or other product of plants.

9. "Phytosanitary certificate" means an international document issued or authorized by

the commissioner stating that a plant or plant product is considered free from

quarantine pests and practically free from injurious pests and that the plant or plant

product is considered to conform with the current phytosanitary regulations of the

importing country.

10. "Plant" means any part of a plant, tree, aquatic plant, plant product, plant material,

shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting,

scion, bud, graft, fruit pit, or agricultural commodity.

11. "Regulated article" means any article of any character as described in a quarantine

carrying or capable of carrying the plant pest against which the quarantine is directed.
N.D. Cent. Code § 41-04.1-16 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-16
41-04.1-16. (4A-208) Misdescription of intermediary bank or beneficiary's bank
Status: in_force

41-04.1-16. (4A-208) Misdescription of intermediary bank or beneficiary's bank

1. This subsection applies to a payment order identifying an intermediary bank or the

beneficiary's bank only by an identifying number.

a. The receiving bank may rely on the number as the proper identification of the

intermediary or beneficiary's bank and need not determine whether the number

identifies a bank.

b. The sender is obliged to compensate the receiving bank for any loss and

expenses incurred by the receiving bank as a result of its reliance on the number

in execution or attempting to execute the order.

2. This subsection applies to a payment order identifying an intermediary bank or the

beneficiary's bank both by name and an identifying number if the name and number

identify different persons.

a. If a sender is a bank, the receiving bank may rely on the number as the proper

identification of the intermediary or beneficiary's bank if the receiving bank, when

it executes the sender's order, does not know that the name and number identify

different persons. The receiving bank need not determine whether the name and

number refer to the same person or whether the number refers to a bank. The

sender is obliged to compensate the receiving bank for any loss and expenses

incurred by the receiving bank as a result of its reliance on the number in

executing or attempting to execute the order.

b. If the sender is not a bank and the receiving bank proves that the sender, before

the payment order was accepted, had notice that the receiving bank might rely on

the number as the proper identification of the intermediary or beneficiary's bank

even if it identifies a person different from the bank identified by name, the rights

and obligations of the sender and the receiving bank are governed by

subdivision a of subsection 2, as though the sender were a bank. Proof of notice

may be made by any admissible evidence. The receiving bank satisfies the

burden of proof if it proves that the sender, before the payment order was

accepted, signed a record stating the information to which the notice relates.

c. Regardless of whether the sender is a bank, the receiving bank may rely on the

name as the proper identification of the intermediary or beneficiary's bank if the

receiving bank, at the time it executes the sender's order, does not know that the

name and number identify different persons. The receiving bank need not

determine whether the name and number refer to the same person.

d. If the receiving bank knows that the name and number identify different persons,

reliance on either the name or the number in executing the sender's payment

order is a breach of the obligation stated in subdivision a of subsection 1 of

section 41-04.1-22.
N.D. Cent. Code § 41-02-55 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-55
41-02-55. (2-507) Effect of seller's tender - Delivery on condition
Status: in_force

41-02-55. (2-507) Effect of seller's tender - Delivery on condition

1. Tender of delivery is a condition to the buyer's duty to accept the goods and, unless

otherwise agreed, to the buyer's duty to pay for them. Tender entitles the seller to

acceptance of the goods and to payment according to the contract.

2. If payment is due and demanded on the delivery to the buyer of goods or documents

of title, the buyer's right as against the seller to retain or dispose of them is conditional

upon the buyer making the payment due.
N.D. Cent. Code § 4.1-72-07 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-07
4.1-72-07. Collection of fees - Continuing appropriation
Status: in_force

4.1-72-07. Collection of fees - Continuing appropriation

The North Dakota stockmen's association shall forward all moneys received under this title

to the state treasurer for deposit in a special fund known as the North Dakota stockmen's

association fund. All moneys in the North Dakota stockmen's association fund, together with all

income earned on the moneys in the fund, are appropriated on a continuing basis to the North

Dakota stockmen's association to carry out its statutory directives.
N.D. Cent. Code § 4.1-61-07 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-07
4.1-61-07. Credit-sale contract indemnity fund - Prorated claims
Status: in_force

4.1-61-07. Credit-sale contract indemnity fund - Prorated claims

If claims for indemnity payments from the credit-sale contract indemnity fund exceed the

amount in the fund, the commissioner shall prorate the claims and pay the prorated amounts. As

future assessments are collected, the commissioner shall continue to forward indemnity

payments to each eligible person until the person receives the maximum amount payable in

accordance with this chapter.
N.D. Cent. Code § 41-07-04 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-04
41-07-04. (7-104) Negotiable and non-negotiable document of title
Status: in_force

41-07-04. (7-104) Negotiable and non-negotiable document of title

1. Except as otherwise provided in subsection 3, a document of title is negotiable if by its

terms the goods are to be delivered to bearer or to the order of a named person.

2. A document of title other than one described in subsection 1 is non-negotiable. A bill of

lading that states that the goods are consigned to a named person is not made

negotiable by a provision that the goods are to be delivered only against an order in a

record signed by the same or another named person.

3. A document of title is non-negotiable if, at the time it is issued, the document has a

conspicuous legend, however expressed, that it is non-negotiable.
N.D. Cent. Code § 4.1-31-16 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-16
4.1-31-16. Registration and licensure of business
Status: in_force

4.1-31-16. Registration and licensure of business

1. A person may not engage in intrastate business as a meat broker, renderer, or animal

food manufacturer; a wholesaler of animal carcasses intended for human food or other

purposes; a public warehouse operator storing carcasses of animals in or for intrastate

commerce; or a buyer, seller, or transporter of dead, dying, disabled, or diseased

animals, or the carcasses of animals that died other than by slaughter, unless the

person first provides the commissioner with the person's name, the address of each

place of business under which the person conducts business, and all trade names

under which the person conducts business.

2. A person, in order to operate under this chapter, shall obtain a license in accordance

with the rules adopted by the commissioner. Application for a license must be made on

forms provided by the commissioner. The commissioner may refuse to issue a license

if the applicant or the establishment of the applicant is not in compliance with this

chapter and related rules. If the commissioner finds that the person to which the

license is issued violates this chapter or related rules, the commissioner may suspend

or revoke the license, or upon revocation and with good cause, refuse to issue a new

license.

3. A person applying for a license pursuant to this section shall pay a license fee to the

commissioner as follows:

a. The license fee for an official establishment is twenty-five dollars;

b. The license fee for a custom exempt establishment is twenty-five dollars; and

c. The license fee for any other establishment or entity required to be licensed

under this chapter is twenty-five dollars.
N.D. Cent. Code § 4.1-72-02 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-02
4.1-72-02. Discrimination - Prohibited
Status: in_force

4.1-72-02. Discrimination - Prohibited

The North Dakota stockmen's association may not discriminate between members of the

association and persons who are not members of the association with respect to fees,

recordings, complaints, requests for assistance, or any other duties assigned under this chapter.
N.D. Cent. Code § 41-02.1-20 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-20
41-02.1-20. (2A-211) Warranties against interferences and against infringement - Lessee's obligation against infringement
Status: in_force

41-02.1-20. (2A-211) Warranties against interferences and against infringement -

Lessee's obligation against infringement.

1. There is in a lease contract a warranty that for the lease term no person holds a claim

to or interest in the goods that arose from an act or omission of the lessor, other than a

claim by way of infringement or the like, which will interfere with the lessee's

enjoyment of its leasehold interest.

2. Except in a finance lease, there is in a lease contract by a lessor who is a merchant

regularly dealing in goods of the kind a warranty that the goods are delivered free of

the rightful claim of any person by way of infringement or the like.

3. A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and

the supplier harmless against any claim by way of infringement or the like that arises

out of compliance with the specifications.
N.D. Cent. Code § 4.1-01-26 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-26
4.1-01-26. Postproduction royalty oversight program - Report
Status: in_force

4.1-01-26. Postproduction royalty oversight program - Report

1. The commissioner shall establish a program providing technical assistance and

support to mineral owners, lease owners, and mineral companies relating to royalty

payment issues.

2. The commissioner may contract for ombudsmen to be a resource for technical

assistance and followup on royalty payment issues.

3. The program may provide technical education, support, and outreach on royalty

payment-related matters in coordination with other entities.

4. The commissioner may contract with local individuals, deemed trustworthy by the

mineral owners, lease owners, and mineral companies, 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 mineral owners, lease owners, and mineral companies that receive

assistance under the program are not subject to section 44-04-18 and section 6 of

article XI of the Constitution of North Dakota.

6. The commissioner shall submit expenses related to the implementation of the program

to the industrial commission for reimbursement.

7. By June first of each even-numbered year, the commissioner shall provide a report to

the energy development and transmission committee.
N.D. Cent. Code § 4.1-20-08 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-08
4.1-20-08. Hearings on petitions - When held - Notice - Determinations
Status: in_force

4.1-20-08. Hearings on petitions - When held - Notice - Determinations

1. Within thirty days after a petition under section 4.1-20-07 has been filed, the state soil

conservation committee shall cause publication of due notice of a hearing on the

desirability of creation of a soil conservation district, the appropriate boundaries to be

assigned to the district, the propriety of the petition and the other proceedings taken

under this chapter, and upon all other relevant questions. All qualified electors living

within the area described in the petition, and of lands within any area considered for

addition to the area described in the petition, and all other interested parties have the

right to attend and be heard at the hearing. If it appears at the hearing that it may be

desirable to include within the proposed district additional area outside of the area

within which due notice of hearing has been given, the hearing must be adjourned and

due notice of further hearing must be given throughout the entire area considered for

inclusion in the district, and further hearing must be held.

2. If the committee determines, upon the facts presented at the hearing and upon other

available relevant facts and information, there is need, in the public interest, for a soil

conservation district to function in the area considered at the hearing, the committee

shall record that determination and define the district boundaries by metes and bounds

or legal subdivisions. In making the determination and defining the boundaries, the

committee shall give due weight and consideration to:

a. The topography of the area considered and of the state;

b. The composition of soils, distribution of erosion, prevailing land use practices,

and desirability and necessity of including within the boundaries the area under

consideration;

c. The benefits the area may receive from being included within such boundaries;

d. The relation of the proposed area to existing watersheds and agricultural regions,

and to other soil conservation districts already organized or proposed for

organization under this chapter; and

e. Any other relevant physical, geographic, and economic factors, having due

regard to the legislative policy set forth in section 4.1-20-01.

3. If the committee determines, after the hearing and due consideration of the relevant

facts, there is no need for a soil conservation district to function in the area considered

at the hearing, the committee shall record that determination and deny the petition.

After six months has expired from the date of the denial of that petition, a subsequent

petition covering the same or substantially the same area may be filed and a new

hearing held and new determinations made.
N.D. Cent. Code § 4.1-07-18 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-18
4.1-07-18. Continuing appropriation
Status: in_force

4.1-07-18. Continuing appropriation

All moneys received by the council under this chapter are appropriated on a continuing

basis to the council to be used to carry out this chapter.
N.D. Cent. Code § 41-04.1-36 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-36
41-04.1-36. (4A-505) Preclusion of objection to debit of customer's account
Status: in_force

41-04.1-36. (4A-505) Preclusion of objection to debit of customer's account

If a receiving bank has received payment from its customer with respect to a payment order

issued in the name of the customer as sender and accepted by the bank, and the customer

received notification reasonably identifying the order, the customer is precluded from asserting

that the bank is not entitled to retain the payment unless the customer notifies the bank of the

customer's objection to the payment within one year after the notification was received by the

customer.
N.D. Cent. Code § 4.1-08-02 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-02
4.1-08-02. Assessment
Status: in_force

4.1-08-02. Assessment

An annual assessment in the amount of ten cents is imposed on each colony of honeybees

licensed by the beekeeper. The minimum annual assessment is one dollar.
N.D. Cent. Code § 41-12-07 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-07
41-12-07. (12-107) Governing law
Status: in_force

41-12-07. (12-107) Governing law

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

jurisdiction governs a matter covered by this chapter.

2. For a controllable electronic record that evidences a controllable account or

controllable payment intangible, the local law of the controllable electronic record's

jurisdiction governs a matter covered by section 41-12-06 unless an effective

agreement determines that the local law of another jurisdiction governs.

3. The following rules determine a controllable electronic record's jurisdiction under this

section:

a. If the controllable electronic record, or a record attached to or logically associated

with the controllable electronic record and readily available for review, expressly

provides that a particular jurisdiction is the controllable electronic record's

jurisdiction for purposes of this chapter or title, that jurisdiction is the controllable

electronic record's jurisdiction.

b. If subdivision a does not apply and the rules of the system in which the

controllable electronic record is recorded are readily available for review and

expressly provide that a particular jurisdiction is the controllable electronic

record's jurisdiction for purposes of this chapter or title, that jurisdiction is the

controllable electronic record's jurisdiction.

c. If subdivisions a and b do not apply and the controllable electronic record, or a

record attached to or logically associated with the controllable electronic record

and readily available for review, expressly provides that the controllable electronic

record is governed by the law of a particular jurisdiction, that jurisdiction is the

controllable electronic record's jurisdiction.

d. If subdivisions a, b, and c do not apply and the rules of the system in which the

controllable electronic record is recorded are readily available for review and

expressly provide that the controllable electronic record or the system is

governed by the law of a particular jurisdiction, that jurisdiction is the controllable

electronic record's jurisdiction.

e. If subdivisions a through d do not apply, the controllable electronic record's

jurisdiction is the District of Columbia.

4. If subdivision e of subsection 3 applies and this chapter is not in effect in the District of

Columbia without material modification, the governing law for a matter covered by this

chapter is the law of the District of Columbia as though Article 12 were in effect in the

District of Columbia without material modification. In this subsection, "Article 12"

means Article 12 of Uniform Commercial Code Amendments (2022).

5. To the extent subsections 1 and 2 provide that the local law of the controllable

electronic record's jurisdiction governs a matter covered by this chapter, that law

governs even if the matter or a transaction to which the matter relates does not bear

any relation to the controllable electronic record's jurisdiction.

6. The rights acquired under section 41-12-04 by a purchaser or qualifying purchaser are

governed by the law applicable under this section at the time of purchase.
N.D. Cent. Code § 4.1-03-16 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-16
4.1-03-16. Continuing appropriation
Status: in_force

4.1-03-16. Continuing appropriation

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

for deposit in the North Dakota beef commission fund. All moneys in the North Dakota beef

commission fund are appropriated on a continuing basis to the commission to be used

exclusively to carry out this chapter.
N.D. Cent. Code § 41-04-16 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-16
41-04-16. (4-204) Methods of sending and presenting - Sending directly to payor bank
Status: in_force

41-04-16. (4-204) Methods of sending and presenting - Sending directly to payor bank

1. A collecting bank shall send items by a reasonably prompt method taking into

consideration any relevant instructions, the nature of the item, the number of those

items on hand, the cost of collection involved, and the method generally used by it or

others to present those items.

2. A collecting bank may send:

a. An item directly to the payor bank.

b. An item to any nonbank payor if authorized by its transferor.

c. An item other than a documentary draft to a nonbank payor, if authorized by

federal reserve regulation or operating circular, clearinghouse rule, or the like.

3. Presentment may be made by a presenting bank at a place where the payor bank or

other payor has requested that presentment be made.
N.D. Cent. Code § 41-09-36 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-36
41-09-36. (9-316) Effect of change in governing law
Status: in_force

41-09-36. (9-316) Effect of change in governing law

1. A security interest perfected pursuant to the law of the jurisdiction designated in

subsection 1 of section 41-09-21, subsection 3 of section 41-09-25, subsection 4 of

section 41-09-26.1, or subsection 2 of section 41-09-26.2 remains perfected until the

earliest of:

a. The time perfection would have ceased under the law of that jurisdiction;

b. The expiration of four months after a change of the debtor's location to another

jurisdiction; or

c. The expiration of one year after a transfer of collateral to a person that thereby

becomes a debtor and is located in another jurisdiction.

2. If a security interest described in subsection 1 becomes perfected under the law of the

other jurisdiction before the earliest time or event described in that subsection, it

remains perfected thereafter. If the security interest does not become perfected under

the law of the other jurisdiction before the earliest time or event, it becomes

unperfected and is deemed never to have been perfected as against a purchaser of

the collateral for value.

3. A possessory security interest in collateral, other than goods covered by a certificate of

title and as-extracted collateral consisting of goods, remains continuously perfected if:

a. The collateral is located in one jurisdiction and subject to a security interest

perfected under the law of that jurisdiction;

b. Thereafter the collateral is brought into another jurisdiction; and

c. Upon entry into the other jurisdiction, the security interest is perfected under the

law of the other jurisdiction.

4. Except as otherwise provided in subsection 5, a security interest in goods covered by

a certificate of title which is perfected by any method under the law of another

jurisdiction when the goods become covered by a certificate of title from this state

remains perfected until the security interest would have become unperfected under the

law of the other jurisdiction had the goods not become so covered.

5. A security interest described in subsection 4 becomes unperfected as against a

purchaser of the goods for value and is deemed never to have been perfected as

against a purchaser of the goods for value if the applicable requirements for perfection

under subsection 2 of section 41-09-31 or section 41-09-33 are not satisfied before the

earlier of:

a. The time the security interest would have become unperfected under the law of

the other jurisdiction had the goods not become covered by a certificate of title

from this state; or

b. The expiration of four months after the goods had become so covered.

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

records, controllable payment intangibles, deposit accounts, certificates of deposit,

letter-of-credit rights, or investment property which is perfected under the law of the

chattel paper's jurisdiction, the controllable electronic record's jurisdiction, the bank's

jurisdiction, the issuer's jurisdiction, a nominated person's jurisdiction, the securities

intermediary's jurisdiction, or the commodity intermediary's jurisdiction, as applicable,

remains perfected until the earlier of:

a. The time the security interest would have become unperfected under the law of

that jurisdiction; or

b. The expiration of four months after a change of the applicable jurisdiction to

another jurisdiction.

7. If a security interest described in subsection 6 becomes perfected under the law of the

other jurisdiction before the earlier of the time or the end of the period described in that

subsection, it remains perfected thereafter. If the security interest does not become

perfected under the law of the other jurisdiction before the earlier of that time or the

end of that period, it becomes unperfected and is deemed never to have been

perfected as against a purchaser of the collateral for value.

8. The following rules apply to collateral to which a security interest attaches within four

months after the debtor changes its location to another jurisdiction:

a. A financing statement filed before the change pursuant to the law of the

jurisdiction designated in subsection 1 of section 41-09-21 or subsection 3 of

section 41-09-25 is effective to perfect a security interest in the collateral if the

financing statement would have been effective to perfect a security interest in the

collateral if the debtor had not changed its location.

b. If a security interest that is perfected by a financing statement that is effective

under subdivision a becomes perfected under the law of the other jurisdiction

before the earlier of the time the financing statement would have become

ineffective under the law of the jurisdiction designated in subsection 1 of section

41-09-21 or subsection 3 of section 41-09-25 or the expiration of the four-month

period, it remains perfected thereafter. If the security interest does not become

perfected under the law of the other jurisdiction before the earlier time or event, it

becomes unperfected and is deemed never to have been perfected as against a

purchaser of the collateral for value.

9. If a financing statement naming an original debtor is filed pursuant to the law of the

jurisdiction designated in subsection 1 of section 41-09-21 or subsection 3 of section

41-09-25 and the new debtor is located in another jurisdiction, the following rules

apply:

a. The financing statement is effective to perfect a security interest in collateral in

which the new debtor has or acquires rights before or within four months after the

new debtor becomes bound under subsection 4 of section 41-09-13, if the

financing statement would have been effective to perfect a security interest in the

collateral if the collateral had been acquired by the original debtor.

b. A security interest that is perfected by the financing statement and which

becomes perfected under the law of the other jurisdiction before the earlier of the

expiration of the four-month period or the time the financing statement would

have become ineffective under the law of the jurisdiction designated in

subsection 1 of section 41-09-21 or subsection 3 of section 41-09-25 remains

perfected thereafter. A security interest that is perfected by the financing

statement but which does not become perfected under the law of the other

jurisdiction before the earlier time or event becomes unperfected and is deemed

never to have been perfected as against a purchaser of the collateral for value.
N.D. Cent. Code § 4.1-09-09 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-09
4.1-09-09. Election costs - Responsibility
Status: in_force

4.1-09-09. Election costs - Responsibility

All costs of holding county and district elections are the responsibility of the council.
N.D. Cent. Code § 41-07-40 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-40
41-07-40. (7-602) Judicial process against goods covered by negotiable document of title
Status: in_force

41-07-40. (7-602) Judicial process against goods covered by negotiable document of

title.

Unless a document of title was originally issued upon delivery of the goods by a person that

did not have power to dispose of them, a lien does not attach by virtue of any judicial process to

goods in the possession of a bailee for which a negotiable document of title is outstanding

unless possession or control of the document is first surrendered to the bailee or the

document's negotiation is enjoined. The bailee may not be compelled to deliver the goods

pursuant to process until possession or control of the document is surrendered to the bailee or

to the court. A purchaser of the document for value without notice of the process or injunction

takes free of the lien imposed by judicial process.
N.D. Cent. Code § 4.1-20-46 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-46
4.1-20-46. Conduct of election - Canvass of votes
Status: in_force

4.1-20-46. Conduct of election - Canvass of votes

An election upon the question of consolidating two or more soil conservation districts must

be conducted in accordance with the laws of the state prescribing the conduct of general

elections. After the polls are closed, the board of election shall canvass the votes and the clerk

of the board shall certify to the board of supervisors of the clerk's district and to the committee

the result of the election.

The committee shall publish the result of the election. If a majority of the ballots cast on the

question in each district are for consolidation, the committee shall file with the secretary of state

a statement certifying that the consolidated district has been duly and regularly established.
N.D. Cent. Code § 41-02-12 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-12
41-02-12. (2-205) Firm offers
Status: in_force

41-02-12. (2-205) Firm offers

An offer by a merchant to buy or sell goods in a signed record that by its terms gives

assurance that it will be held open is not revocable, for lack of consideration, during the time

stated or if no time is stated for a reasonable time, but in no event may such period of

irrevocability exceed three months; but any such term of assurance on a form supplied by the

offeree must be separately signed by the offeror.