N.D. Cent. Code § 4.1-20-33 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-33
4.1-20-33. Board of adjustment - Members - Appointment - Vacancies - Compensation
Status: in_force

4.1-20-33. Board of adjustment - Members - Appointment - Vacancies - Compensation

When the supervisors of any district adopt an ordinance prescribing land use regulations,

the supervisors shall provide by ordinance for the establishment of a board of adjustment to

consist of three members, each to be appointed for a term of three years, except the members

first appointed who are appointed for terms of one, two, and three years respectively. The

members of each board of adjustment must be appointed by the committee with the advice and

approval of the supervisors of the district for which the board has been established, and are

removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no

other reason. A hearing on the removal of a member of a board of adjustment must be

conducted jointly by the committee and the supervisors. A vacancy on a board of adjustment

must be filled in the same manner as the original appointment except the appointment is for the

unexpired vacant term. Members of the committee and the supervisors of the district may not

serve as members of the board of adjustment. The members of the board shall receive five

dollars a day for the time spent on the work of the board in addition to their expenses, including

traveling expenses necessarily incurred in the discharge of their duties. The supervisors shall

pay the necessary administrative and other expenses of operation incurred by the board upon

the certificate of the chairman of the board.
N.D. Cent. Code § 4.1-52-01 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-01
4.1-52-01. Seed department - Location
Status: in_force

4.1-52-01. Seed department - Location

The North Dakota seed department is the official seed-certifying agency of the state. The

seed department must be located on the campus of North Dakota state university.
N.D. Cent. Code § 41-04-26 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-26
41-04-26. (4-214) Right of chargeback or refund - Liability of collecting bank - Return of item
Status: in_force

41-04-26. (4-214) Right of chargeback or refund - Liability of collecting bank - Return

of item.

1. If a collecting bank has made provisional settlement with its customer for an item and

fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive

settlement for the item which is or becomes final, the bank may revoke the settlement

given by it, charge back the amount of any credit given for the item to its customer's

account, or obtain refund from its customer, whether or not it is able to return the items

if by its midnight deadline or within a longer reasonable time after it learns the facts it

returns the item or sends notification of the facts. If the return or notice is delayed

beyond the bank's midnight deadline or a longer reasonable time after it learns the

facts, the bank may revoke the settlement, charge back the credit, or obtain refund

from its customer but is liable for any loss resulting from the delay. These rights to

revoke, charge back, and obtain refund terminate if and when a settlement for the item

received by the bank is or becomes final.

2. A collecting bank returns an item when it is sent or delivered to the bank's customer or

transferor or under its instructions.

3. A depositary bank which is also the payor may charge back the amount of an item to

its customer's account or obtain refund under the section governing return of an item

received by a payor bank for credit on its books (section 41-04-29).

4. The right to charge back is not affected by:

a. Previous use of a credit given for the item.

b. Failure by any bank to exercise ordinary care with respect to the item, but any

bank so failing remains liable.

5. A failure to charge back or claim refund does not affect other rights of the bank against

the customer of any other party.

6. If credit is given in dollars as the equivalent of the value of an item payable in foreign

money, the dollar amount of any chargeback or refund must be calculated on the basis

of the bank-offered spot rate for the foreign money prevailing on the day when the

person entitled to the chargeback or refund learns that it will not receive payment in

ordinary course.
N.D. Cent. Code § 4.1-25-32 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-32
4.1-25-32. Milk laboratory evaluations officer - Duties - Guidelines
Status: in_force

4.1-25-32. Milk laboratory evaluations officer - Duties - Guidelines

The milk laboratory evaluations officer is responsible for the certification and evaluation of

milk and dairy products laboratories within the state. Evaluations and certification of milk

laboratories must be made in accordance with the Standard Methods and the procedures

outlined in the public health service food and drug administration publication entitled "Evaluation

of Milk Laboratories - 2023 Edition".
N.D. Cent. Code § 41-09-29 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-29
41-09-29. (9-309) Security interest perfected upon attachment
Status: in_force

41-09-29. (9-309) Security interest perfected upon attachment

The following security interests are perfected when they attach:

1. A purchase-money security interest in consumer goods, except as otherwise provided

in subsection 2 of section 41-09-31 with respect to consumer goods that are subject to

a statute or treaty described in subsection 1 of section 41-09-31;

2. An assignment of accounts or payment intangibles which does not by itself or in

conjunction with other assignments to the same assignee transfer a significant part of

the assignor's outstanding accounts or payment intangibles;

3. A sale of a payment intangible;

4. A sale of a promissory note;

5. A security interest created by the assignment of a health care insurance receivable to

the provider of the health care goods or services;

6. 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, until the debtor obtains

possession of the collateral;

7. A security interest of a collecting bank arising under section 41-04-22;

8. A security interest of an issuer or nominated person arising under section 41-05-18;

9. A security interest arising in the delivery of a financial asset under subsection 3 of

section 41-09-16;

10. A security interest in investment property created by a broker or securities

intermediary;

11. A security interest in a commodity contract or a commodity account created by a

commodity intermediary;

12. An assignment for the benefit of all creditors of the transferor and subsequent

transfers by the assignee thereunder;

13. A security interest created by an assignment of a beneficial interest in a decedent's

estate; and

14. A sale by an individual of an account that is a right to payment of winnings in a lottery

or other game of chance.
N.D. Cent. Code § 4.1-01-31 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-31
4.1-01-31. Conservation easement or leasehold
Status: in_force

4.1-01-31. Conservation easement or leasehold

The commissioner may purchase and hold an easement or leasehold in the name of the

state to administer this title. The commissioner shall terminate any easement or leasehold if the

easement or leasehold is no longer necessary.
N.D. Cent. Code § 41-08-04 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-04
41-08-04. (8-104) Acquisition of security or financial asset or interest therein
Status: in_force

41-08-04. (8-104) Acquisition of security or financial asset or interest therein

1. A person acquires a security or an interest therein, under this chapter, if:

a. The person is a purchaser to whom a security is delivered pursuant to section

41-08-27; or

b. The person acquires a security entitlement to the security pursuant to section

41-08-41.

2. A person acquires a financial asset, other than a security, or an interest therein, under

this chapter, if the person acquires a security entitlement to the financial asset.

3. A person who acquires a security entitlement to a security or other financial asset has

the rights specified in sections 41-08-41 through 41-08-51, but is a purchaser of any

security, security entitlement, or other financial asset held by the securities

intermediary only to the extent provided in section 41-08-43.

4. Unless the context shows that a different meaning is intended, a person who is

required by other law, regulation, rule, or agreement to transfer, deliver, present,

surrender, exchange, or otherwise put in the possession of another person a security

or financial asset satisfies that requirement by causing the other person to acquire an

interest in the security or financial asset pursuant to subsection 1 or 2.
N.D. Cent. Code § 4.1-40-13 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-13
4.1-40-13. Cancellation of registrations
Status: in_force

4.1-40-13. Cancellation of registrations

1. The commissioner, upon compelling evidence that a registrant, licensee, or distributor

used fraudulent or deceptive practices in the evasion or attempted evasion of this

chapter or any implemented rule, may:

a. Cancel the registration of any brand of fertilizer, fertilizer material, micronutrient,

specialty fertilizer, soil amendment, or plant amendment;

b. Cancel the license of any distributor;

c. Refuse to register any brand of fertilizer, fertilizer material, micronutrient, specialty

fertilizer, soil amendment, or plant amendment; or

d. Refuse to license any distributor.

2. The commissioner shall provide an opportunity for a hearing prior to refusing a

registration or revoking a license.
N.D. Cent. Code § 4.1-13-01 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-01
4.1-13-01. Definitions
Status: in_force

4.1-13-01. Definitions

As used in this chapter:

1. "Commercial channels" means the sale of wheat by a producer to any person who

resells wheat or any product produced from wheat.

2. "Commission" means the North Dakota state wheat commission.

3. "Final settlement" means:

a. The date that wheat upon which a loan was obtained is:

(1) Sold to a person other than a governmental entity; or

(2) Assigned or transferred to a United States government agency; or

b. The date upon which payment for the wheat is actually made if the wheat is sold

in accordance with the terms of a deferred payment contract.

4. "First purchaser" means any person buying, accepting for sale, or otherwise acquiring,

after harvest, the property in or to wheat, from the producer. The term includes a

mortgagee, pledgee, lienor, or other person having a claim against the producer if the

actual or constructive possession of wheat is taken as partial payment or in

satisfaction of a mortgage, pledge, lien, or claim.

5. "Producer" means any person that:

a. Plants or causes to be planted a wheat crop in which the person has an

ownership interest, with the intent that upon maturity the crop will be harvested;

b. Will have met the requirements of subdivision a during the next available growing

season; or

c. Has met the requirements of subdivision a during the immediately preceding

growing season.

6. "Sale" includes any pledge or mortgage of wheat, after harvest, to any person.

7. "Wheat" includes all classes of wheat.
N.D. Cent. Code § 41-09-47 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-47
41-09-47. (9-327) Priority of security interests in deposit account and uncertificated certificate of deposit
Status: in_force

41-09-47. (9-327) Priority of security interests in deposit account and uncertificated

certificate of deposit.

The following rules govern priority among conflicting security interests in the same deposit

account or uncertificated certificate of deposit:

1. A security interest held by a secured party having control of the deposit account or

uncertificated certificate of deposit under section 41-09-04 has priority over a

conflicting security interest held by a secured party that does not have control.

2. Except as otherwise provided in subsections 3 and 4, security interests perfected by

control under section 41-09-34 rank according to priority in time of obtaining control.

3. Except as otherwise provided in subsection 4, a security interest held by the bank with

which the deposit account or uncertificated certificate of deposit is maintained has

priority over a conflicting security interest held by another secured party.

4. A security interest perfected by control under subdivision c of subsection 1 of section

41-09-04 has priority over a security interest held by the bank with which the deposit

account or uncertificated certificate of deposit is maintained.
N.D. Cent. Code § 4.1-40.1-12 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-12
4.1-40.1-12. Stop sale order
Status: in_force

4.1-40.1-12. Stop sale order

If the commissioner finds the beneficial substance product is being offered or exposed for

sale in violation of this chapter, the commissioner may issue an order to stop the sale or use to

the owner or custodian of any product containing beneficial substances. The order must remain

in effect until the commissioner:

1. Determines the law has been complied with;

2. Gives written authorization for the disposal of the product; or

3. Gives written authorization for the product to be offered for sale.
N.D. Cent. Code § 41-03-60 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-60
41-03-60. (3-503) Notice of dishonor
Status: in_force

41-03-60. (3-503) Notice of dishonor

1. The obligation of an endorser stated in subsection 1 of section 41-03-52 and the

obligation of a drawer stated in subsection 3 of section 41-03-51 may not be enforced

unless the endorser or drawer is given notice of dishonor of the instrument complying

with this section or notice of dishonor is excused under subsection 3 of section

41-03-51.

2. Notice of dishonor may be given by any person; may be given by any commercially

reasonable means, including an oral, written, or electronic communication; and is

sufficient if it reasonably identifies the instrument and indicates that the instrument has

been dishonored or has not been paid or accepted. Return of an instrument given to a

bank for collection is a sufficient notice of dishonor.

3. Subject to subsection 3 of section 41-03-61, with respect to an instrument taken for

collection by a collecting bank, notice must be given by the bank before midnight of the

next banking day following the banking day on which the bank receives the notice of

dishonor of the instrument and by any other person within thirty days following the day

on which dishonor occurs.
N.D. Cent. Code § 4.1-26-36 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-36
4.1-26-36. Legal actions
Status: in_force

4.1-26-36. Legal actions

All legal actions may be brought by or against the board in the name of the North Dakota

milk marketing board.
N.D. Cent. Code § 41-02-76 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-76
41-02-76. (2-613) Casualty to identified goods
Status: in_force

41-02-76. (2-613) Casualty to identified goods

If the contract requires for its performance goods identified when the contract is made, and

the goods suffer casualty without fault of either party before the risk of loss passes to the buyer,

or in a proper case under a "no arrival, no sale" term (section 41-02-41) then:

1. If the loss is total, the contract is avoided.

2. If the loss is partial or the goods have so deteriorated as no longer to conform to the

contract, the buyer may nevertheless demand inspection and at the buyer's option

either treat the contract as avoided or accept the goods with due allowance from the

contract price for the deterioration or the deficiency in quantity but without further right

against the seller.
N.D. Cent. Code § 41-02.1-05 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-05
41-02.1-05. (2A-105) Territorial application of article to goods covered by certificate of title
Status: in_force

41-02.1-05. (2A-105) Territorial application of article to goods covered by certificate of

title.

Subject to subsection 3 of section 41-02.1-34 and subsection 3 of section 41-02.1-35, with

respect to goods covered by a certificate of title issued under a statute of this state or of another

jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title

statute are governed by the law, including the conflict of laws rules, of the jurisdiction issuing the

certificate until the earlier of surrender of the certificate or four months after the goods are

removed from that jurisdiction and thereafter until a new certificate of title is issued by another

jurisdiction.
N.D. Cent. Code § 41-09-61 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-61
41-09-61. (9-341) Bank's rights and duties with respect to deposit account or certificate of deposit
Status: in_force

41-09-61. (9-341) Bank's rights and duties with respect to deposit account or

certificate of deposit.

Except as otherwise provided in subsection 3 of section 41-09-60, and unless the bank

otherwise agrees in a signed record, a bank's rights and duties with respect to a deposit

account or certificate of deposit maintained with the bank are not terminated, suspended, or

modified by:

1. The creation, attachment, or perfection of a security interest in the deposit account or

certificate of deposit;

2. The bank's knowledge of the security interest; or

3. The bank's receipt of instructions from the secured party.
N.D. Cent. Code § 41-09-45 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-45
41-09-45. (9-325) Priority of security interests in transferred collateral
Status: in_force

41-09-45. (9-325) Priority of security interests in transferred collateral

1. Except as otherwise provided in subsection 2, a security interest created by a debtor is

subordinate to a security interest in the same collateral created by another person if:

a. The debtor acquired the collateral subject to the security interest created by the

other person;

b. The security interest created by the other person was perfected when the debtor

acquired the collateral; and

c. There is no period thereafter when the security interest is unperfected.

2. Subsection 1 subordinates a security interest only if the security interest:

a. Otherwise would have priority solely under subsection 1 of section 41-09-42 or

section 41-09-44; or

b. Arose solely under subsection 3 of section 41-02-90 or subsection 5 of section

41-02.1-56.
N.D. Cent. Code § 4.1-59-30 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-30
4.1-59-30. Filing fees and court costs - Expenses
Status: in_force

4.1-59-30. Filing fees and court costs - Expenses

1. The commissioner may not be required to pay any filing fee or other court costs or

disbursements.

2. The attorney general may appoint outside legal counsel to assist the commissioner in

the prosecution of the action and the cost of employing outside counsel must be paid

from the trust fund and the credit-sale contract indemnity fund as appropriate.

3. All other necessary expenses incurred by the commissioner in carrying out this

chapter, including adequate insurance to protect the commissioner, the

commissioner's employees, and others engaged in carrying out sections 4.1-59-21

through 4.1-59-31, must be reimbursed to the commissioner from the trust fund and

credit-sale contract indemnity funds as appropriate.
N.D. Cent. Code § 41-08-34 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-34
41-08-34. (8-401) Duty of issuer to register transfer
Status: in_force

41-08-34. (8-401) Duty of issuer to register transfer

1. If a certificated security in registered form is presented to an issuer with a request to

register transfer or an instruction is presented to an issuer with a request to register

transfer of an uncertificated security, the issuer shall register the transfer as requested

if:

a. Under the terms of the security the person seeking registration of transfer is

eligible to have the security registered in its name;

b. The endorsement or instruction is made by the appropriate person or by an agent

who has actual authority to act on behalf of the appropriate person;

c. Reasonable assurance is given that the endorsement or instruction is genuine

and authorized (section 41-08-35);

d. Any applicable law relating to the collection of taxes has been complied with;

e. The transfer does not violate any restriction on transfer imposed by the issuer in

accordance with section 41-08-20;

f. A demand that the issuer not register transfer has not become effective under

section 41-08-36, or the issuer has complied with subsection 2 of section

41-08-36 but no legal process or indemnity bond is obtained as provided in

subsection 4 of section 41-08-36; and

g. The transfer is in fact rightful or is to a protected purchaser.

2. If an issuer is under a duty to register a transfer of a security, the issuer is liable to a

person presenting a certificated security or an instruction for registration or to the

person's principal for loss resulting from unreasonable delay in registration or failure or

refusal to register the transfer.
N.D. Cent. Code § 4.1-01-29 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-29
4.1-01-29. Farm management program
Status: in_force

4.1-01-29. Farm management program

The commissioner shall implement and oversee a program to:

1. Coordinate new and existing farm management programs offered by a state agency,

board, or commission; and

2. Create and expand marketing clubs as adjuncts to new and existing farm management

programs.
N.D. Cent. Code § 4.1-04-12 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-12
4.1-04-12. Submission of assessment by producer - Civil penalty
Status: in_force

4.1-04-12. Submission of assessment by producer - Civil penalty

1. If a producer sells corn to a person that is not a designated handler, the producer shall

forward the assessment to the council within thirty days after the end of each calendar

quarter.

2. If a producer fails to submit the assessments as required by this section, the council

may levy a penalty equal to ten percent of the assessment due, plus interest at the

rate of twelve percent per annum from the due date.
N.D. Cent. Code § 4.1-18.1-07 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-07
4.1-18.1-07. Commissioner powers
Status: in_force

4.1-18.1-07. Commissioner powers

The commissioner may enter on any land or areas where hemp is grown, stored, or

processed for the purposes of inspections, sample collection, testing, or investigation for the

purposes of enforcing this chapter.
N.D. Cent. Code § 4.1-25-31 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-31
4.1-25-31. State milk sanitation rating and sampling surveillance officer - Duties - Guidelines
Status: in_force

4.1-25-31. State milk sanitation rating and sampling surveillance officer - Duties -

Guidelines.

The state milk sanitation rating and sampling surveillance officer is responsible for the rating

and certification of milk and dairy products. The rating and certification of milk and dairy

products must be in accordance with the procedures outlined in the public health service food

and drug administration publication entitled "Methods of Making Sanitation Ratings of Milk

Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk

and/or Milk Products Manufacturers 2023 Revision, Edition" and the sampling of milk and dairy

products must be in accordance with the guidelines in the Standard Methods.
N.D. Cent. Code § 4.1-37-08 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-08
4.1-37-08. Inspection
Status: in_force

4.1-37-08. Inspection

1. The agriculture commissioner shall develop and implement an initial and periodic

inspection program for anhydrous ammonia storage facilities.

2. The agriculture commissioner shall inspect each anhydrous ammonia storage facility

at least once every five years and may inspect any implement of husbandry designed

to apply anhydrous ammonia which is in the vicinity of an anhydrous ammonia storage

facility.

3. The agriculture commissioner may inspect any anhydrous ammonia storage facility if

the commissioner has reason to believe violations of safety standards exist.

4. The agriculture commissioner may revoke or suspend the license of any anhydrous

ammonia storage facility for a violation of this chapter or the rules adopted under this

chapter. The commissioner may order the discontinuance of use of any implement of

husbandry designed to apply anhydrous ammonia which is found unsafe or

hazardous.
N.D. Cent. Code § 4.1-83-04 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-04
4.1-83-04. License - Fee - Expiration
Status: in_force

4.1-83-04. License - Fee - Expiration

1. The fee for a livestock dealer's license is fifty dollars.

2. A livestock dealer's license issued under this chapter expires on June thirtieth of each

year.

3. A livestock dealer's license is not transferable.
N.D. Cent. Code § 4.1-06-10 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-10
4.1-06-10. Council - Duties
Status: in_force

4.1-06-10. Council - Duties

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

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

and market development efforts, as well as participation in programs under the

auspices of other state, regional, national, and international commodity councils.

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

dry bean assessment and ways in which the assessment benefits dry bean producers.
N.D. Cent. Code § 4.1-07-09 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-09
4.1-07-09. Council - Powers
Status: in_force

4.1-07-09. Council - Powers

The council may:

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

2. Employ, bond, and compensate necessary personnel;

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

chapter;

4. a. Contract with the governmental entity that is responsible for administration of the

dry pea and lentil assessment in another state or province and provide for:

(1) The return by that governmental entity of any assessment charged on dry

peas and lentils grown in this state; and

(2) The return by the council of any assessment charged on dry peas and lentils

grown in another state or province; and

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

5. Sue and be sued; and

6. Do all things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 4.1-07-05 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-05
4.1-07-05. Election of district representative - Council member
Status: in_force

4.1-07-05. Election of district representative - Council member

1. Upon receiving the notice required by subdivision f of subsection 1 of section

4.1-07-04, the director of the North Dakota state university extension service shall call

a meeting of all county representatives in the district represented by the member

whose term is to expire.

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

mail, at least five days before the meeting.

3. The meeting must be held within the district.

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

serve as the council member from that district.

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

and shall provide to the governor and the council the name and address of the newly

elected council member.
N.D. Cent. Code § 41-09-73 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-73
41-09-73. (9-502) Contents of financing statement - Record of mortgage as financing statement - Time of filing financing statement - Amending financing statement
Status: in_force

41-09-73. (9-502) Contents of financing statement - Record of mortgage as financing

statement - Time of filing financing statement - Amending financing statement.

1. Subject to subsection 2, a financing statement is sufficient only if the statement:

a. Provides the name of the debtor;

b. Provides the name of the secured party or a representative of the secured party;

c. Indicates the collateral covered by the financing statement; and

d. If it is a financing statement that is to be filed to gain protection under the central

notice system, includes a reasonable description of the property, including the

county in which the property is located, and any other additional information

required by the Food Security Act of 1985 [Pub. L. 99-198; Stat. 1535; 7 U.S.C.

1631], as prescribed by the secretary of state, and, to be sufficient a financing

statement must include the name and address of the secured party; and unless

electronically filed, the signatures of the debtor and secured parties.

2. Except as otherwise provided in subsection 2 of section 41-09-72, to be sufficient, a

financing statement that covers as-extracted collateral or timber to be cut, or which is

filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy

subsection 1 and also:

a. Indicate that it covers this type of collateral;

b. Indicate that it is to be filed for record in the real property records;

c. Provide a description of the real property to which the collateral is related

sufficient to give constructive notice of a mortgage under the law of this state if

the description were contained in a record of the mortgage of the real property;

and

d. If the debtor does not have an interest of record in the real property, provide the

name of a record owner.

3. A record of a mortgage is effective, from the date of recording, as a financing

statement filed as a fixture filing or as a financing statement covering as-extracted

collateral or timber to be cut only if:

a. The record indicates the goods or accounts that it covers;

b. The goods are or are to become fixtures related to the real property described in

the record or the collateral is related to the real property described in the record

and is as-extracted collateral or timber to be cut;

c. The record satisfies the requirements for a financing statement in this section,

but:

(1) The record need not indicate that it is to be filed in the real property records;

(2) The record sufficiently provides the name of a debtor who is an individual if

the record provides the individual name of the debtor or the surname and

first personal name of the debtor, even if the debtor is an individual to whom

subdivision d of subsection 1 of section 41-09-74 applies; and

(3) The mortgage may not include a social security number or internal revenue

service taxpayer identification number; and

d. The record is duly recorded.

4. A financing statement may be filed before a security agreement is made or a security

interest otherwise attaches.

5. A financing statement filed to gain protection under the central notice system must be

amended within three months of a material change to reflect that change. The

amended financing statement must be signed by both the debtor and secured party

and filed in the same manner as the original financing statement. An electronically filed

amendment does not need to be signed.

6. a. Any social security number or internal revenue service taxpayer identification

number submitted on a financing statement filed pursuant to this chapter as a

central indexing filing is an exempt record as defined by subsection 5 of section

44-04-17.1 and may not be disclosed as part of any search under

section 41-09-94 or 41-09-96 or as part of a copy of the record. A filing office or

an officer or employee of the filing office may not be held civilly or criminally liable

for the inadvertent disclosure of a social security or internal revenue service

taxpayer identification number if the filer has placed the number in an improper

field on the form prescribed by the secretary of state or the filer submitted a filing

other than on the form prescribed by the secretary of state.

b. A debtor's social security number or internal revenue service taxpayer

identification number may not be recorded in the real property records as

provided for under section 11-18-23.2.
N.D. Cent. Code § 41-01-08 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-08
41-01-08. (1-108) Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

41-01-08. (1-108) Relation to Electronic Signatures in Global and National Commerce

Act.

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

and National Commerce Act [Pub. L. 106-229; 114 Stat. 464; 15 U.S.C. 7001 et seq.] but does

not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize

electronic delivery of any of the notices described in section 103(b) of that Act [15 U.S.C.

103(b)].
N.D. Cent. Code § 4.1-53-49 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-49
4.1-53-49. Identity-preserved seed and crops - Determination of genetic traits
Status: in_force

4.1-53-49. Identity-preserved seed and crops - Determination of genetic traits

1. The seed commissioner may inspect and analyze seed or crops grown, sold, or

otherwise present in this state to determine and verify the genetic traits of the seed or

the crops.

2. For purposes of conducting the inspection, analysis, or verification, the seed

commissioner may:

a. Accept samples of seed or crops grown in this state, sold in this state, or

otherwise present in this state from any person that owns the seed or crops; and

b. Upon request of the owner, obtain samples of the seed or crops.
N.D. Cent. Code § 4.1-26-12 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-12
4.1-26-12. Milk stabilization plans - Optional provisions - Maximum prices
Status: in_force

4.1-26-12. Milk stabilization plans - Optional provisions - Maximum prices

1. A milk stabilization plan established in accordance with section 4.1-26-10 may include

maximum prices for sales of milk products by a:

a. Processor;

b. Distributor; or

c. Retailer.

2. In establishing the maximum prices as permitted by this section, the board must

consider various factors pertinent to the milk marketing area, including:

a. Supplies of raw milk;

b. Reserve supplies of raw milk;

c. Production and retail sales data;

d. Feed prices; and

e. Wage rates.
N.D. Cent. Code § 41-07-16 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-16
41-07-16. (7-210) Enforcement of warehouse's lien
Status: in_force

41-07-16. (7-210) Enforcement of warehouse's lien

1. Except as otherwise provided in subsection 2, a warehouse's lien may be enforced by

public or private sale of the goods, in bulk or in packages, at any time or place and on

any terms that are commercially reasonable, after notifying all persons known to claim

an interest in the goods. The notification must include a statement of the amount due,

the nature of the proposed sale, and the time and place of any public sale. The fact

that a better price could have been obtained by a sale at a different time or in a

method different from that selected by the warehouse is not of itself sufficient to

establish that the sale was not made in a commercially reasonable manner. The

warehouse sells in a commercially reasonable manner if the warehouse sells the

goods in the usual manner in any recognized market therefor, sells at the price current

in that market at the time of the sale, or otherwise sells in conformity with commercially

reasonable practices among dealers in the type of goods sold. A sale of more goods

than apparently necessary to be offered to ensure satisfaction of the obligation is not

commercially reasonable, except in cases covered by the preceding sentence.

2. A warehouse may enforce its lien on goods, other than goods stored by a merchant in

the course of its business, only if the following requirements are satisfied:

a. All persons known to claim an interest in the goods must be notified.

b. The notification must include an itemized statement of the claim, a description of

the goods subject to the lien, a demand for payment within a specified time not

less than ten days after receipt of the notification, and a conspicuous statement

that unless the claim is paid within that time the goods will be advertised for sale

and sold by auction at a specified time and place.

c. The sale must conform to the terms of the notification.

d. The sale must be held at the nearest suitable place to where the goods are held

or stored.

e. After the expiration of the time given in the notification, an advertisement of the

sale must be published once a week for two weeks consecutively in a newspaper

of general circulation where the sale is to be held. The advertisement must

include a description of the goods, the name of the person on whose account the

goods are being held, and the time and place of the sale. The sale must take

place at least fifteen days after the first publication. If there is no newspaper of

general circulation where the sale is to be held, the advertisement must be

posted at least ten days before the sale in not fewer than six conspicuous places

in the neighborhood of the proposed sale.

3. Before any sale pursuant to this section, any person claiming a right in the goods may

pay the amount necessary to satisfy the lien and the reasonable expenses incurred in

complying with this section. In that event, the goods may not be sold but must be

retained by the warehouse subject to the terms of the receipt and this chapter.

4. A warehouse may buy at any public sale held pursuant to this section.

5. A purchaser in good faith of goods sold to enforce a warehouse's lien takes the goods

free of any rights of persons against which the lien was valid, despite the warehouse's

noncompliance with this section.

6. A warehouse may satisfy its lien from the proceeds of any sale pursuant to this section

but shall hold the balance, if any, for delivery on demand to any person to which the

warehouse would have been bound to deliver the goods.

7. The rights provided by this section are in addition to all other rights allowed by law to a

creditor against a debtor.

8. If a lien is on goods stored by a merchant in the course of its business, the lien may be

enforced in accordance with subsection 1 or 2.

9. A warehouse is liable for damages caused by failure to comply with the requirements

for sale under this section and, in case of willful violation, is liable for conversion.
N.D. Cent. Code § 41-03-36 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-36
41-03-36. (3-310) Effect of instrument on obligation for which taken
Status: in_force

41-03-36. (3-310) Effect of instrument on obligation for which taken

1. Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken

for an obligation, the obligation is discharged to the same extent discharge would

result if an amount of money equal to the amount of the instrument were taken in

payment of the obligation. Discharge of the obligation does not affect any liability that

the obligor may have as an endorser of the instrument.

2. Unless otherwise agreed and except as provided in subsection 1, if a note or an

uncertified check is taken for an obligation, the obligation is suspended to the same

extent the obligation would be discharged if an amount of money equal to the amount

of the instrument were taken.

a. In the case of an uncertified check, suspension of the obligation continues until

dishonor of the check or until it is paid or certified. Payment or certification of the

check results in discharge of the obligation to the extent of the amount of the

check.

b. In the case of a note, suspension of the obligation continues until dishonor of the

note or until it is paid. Payment of the note results in discharge of the obligation to

the extent of the payment.

c. Except as provided in subdivision d, if the check or note is dishonored and the

obligee of the obligation for which the instrument was taken is the person entitled

to enforce the instrument, the obligee may enforce either the instrument or the

obligation. In the case of an instrument of a third person which is negotiated to

the obligee by the obligor, discharge of the obligor on the instrument also

discharges the obligation.

d. If the person entitled to enforce the instrument taken for an obligation is a person

other than the obligee, the obligee may not enforce the obligation to the extent

the obligation is suspended. If the obligee is the person entitled to enforce the

instrument but no longer has possession of it because it was lost, stolen, or

destroyed, the obligation may not be enforced to the extent of the amount

payable on the instrument, and to that extent the obligee's rights against the

obligor are limited to enforcement of the instrument.

3. If an instrument other than one described in subsection 1 or 2 is taken for an

obligation, the effect is that stated in subsection 1 if the instrument is one on which a

bank is liable as maker or acceptor or that stated in subsection 2 in any other case.
N.D. Cent. Code § 41-08-22 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-22
41-08-22. (8-206) Completion or alteration of security certificate
Status: in_force

41-08-22. (8-206) Completion or alteration of security certificate

1. If a security certificate contains the signatures necessary to its issue or transfer but is

incomplete in any other respect:

a. Any person may complete it by filling in the blanks as authorized; and

b. Even if the blanks are incorrectly filled in, the security certificate as completed is

enforceable by a purchaser who took it for value and without notice of the

incorrectness.

2. A complete security certificate that has been improperly altered, even if fraudulently,

remains enforceable, but only according to its original terms.
N.D. Cent. Code § 4.1-59-14 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-14
4.1-59-14. Credit-sale contracts
Status: in_force

4.1-59-14. Credit-sale contracts

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

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

numbered when printing the contract. The grain buyer shall maintain an accurate

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

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

include:

a. The seller's name and address.

b. The conditions of delivery.

c. The amount and kind of grain delivered.

d. The price per unit or basis of value.

e. The date payment is to be made.

f. The duration of the credit-sale contract.

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

coverage provided for in section 4.1-59-09. However, if the grain buyer has

obtained bond coverage in addition to that required by section 4.1-59-09 and the

coverage extends to the benefit of credit-sale contracts, the grain buyer may state

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

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

signature satisfies this requirement. A holder of an unsigned contract is not eligible for

any protection provided by chapter 4.1-61. The grain buyer shall retain one copy and

deliver one copy to the seller. Upon revocation, termination, or cancellation of a grain

buyer's license, the payment date for all credit-sale contracts, at the seller's option,

must be advanced to a date not later than thirty days after the effective date of the

revocation, termination, or cancellation, and the purchase price for all unpriced grain

must be determined as of the effective date of revocation, termination, or cancellation

in accordance with all other provisions of the contract.

3. A buyer that offers deferred-payment contracts shall inform producers of bond

protection.
N.D. Cent. Code § 41-03-37 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-37
41-03-37. (3-311) Accord and satisfaction by use of instrument
Status: in_force

41-03-37. (3-311) Accord and satisfaction by use of instrument

1. This section applies if a person against whom a claim is asserted proves that that

person in good faith tendered an instrument to the claimant as full satisfaction of the

claim, the amount of the claim was unliquidated or subject to a bona fide dispute, and

the claimant obtained payment of the instrument.

2. Unless subsection 3 applies, the claim is discharged if the person against whom the

claim is asserted proves that the instrument or an accompanying written

communication contained a conspicuous statement to the effect that the instrument

was tendered as full satisfaction of the claim.

3. Subject to subsection 4, a claim is not discharged under subsection 2 if either of the

following applies:

a. The claimant, if an organization, proves that within a reasonable time before the

tender, the claimant sent a conspicuous statement to the person against whom

the claim is asserted that communications concerning disputed debts, including

an instrument tendered as full satisfaction of a debt, are to be sent to a

designated person, office, or place, and the instrument or accompanying

communication was not received by that designated person, office, or place.

b. The claimant, whether or not an organization, proves that within ninety days after

payment of the instrument, the claimant tendered repayment of the amount of the

instrument to the person against whom the claim is asserted. This subdivision

does not apply if the claimant is an organization that sent a statement under

subdivision a.

4. A claim is discharged if the person against whom the claim is asserted proves that

within a reasonable time before collection of the instrument was initiated, the claimant

or an agent of the claimant having direct responsibility with respect to the disputed

obligation knew that the instrument was tendered in full satisfaction of the claim.
N.D. Cent. Code § 4.1-83-28 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-28
4.1-83-28. Report of amounts payable - Distribution of trust fund
Status: in_force

4.1-83-28. Report of amounts payable - Distribution of trust fund

1. Upon recovery of the trust fund, or so much of the fund as is recoverable or necessary

to pay the outstanding claims, the agriculture commissioner shall file with the

claimants a report showing the amount payable on each claim, after recognition of all

proper liens, pledges, assignments, and deductions.

2. If the trust fund is insufficient to pay all claims in full, the agriculture commissioner shall

prorate the fund among the claimants.

3. After holding a hearing on the matter, the agriculture commissioner shall:

a. Approve or modify the report; and

b. Issue an order directing that the trust fund be distributed.
N.D. Cent. Code § 41-08-33 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-33
41-08-33. (8-307) Purchaser's right to requisites for registration of transfer
Status: in_force

41-08-33. (8-307) Purchaser's right to requisites for registration of transfer

Unless otherwise agreed, the transferor of a security on due demand shall supply the

purchaser with proof of authority to transfer or with any other requisite necessary to obtain

registration of the transfer of the security, but if the transfer is not for value, a transferor need not

comply unless the purchaser pays the necessary expenses. If the transferor fails within a

reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.
N.D. Cent. Code § 4.1-25-44 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-44
4.1-25-44. Test sample disputes
Status: in_force

4.1-25-44. Test sample disputes

If the buyer and seller do not agree upon a sample of milk as provided in section 4.1-25-43,

the party selling or offering for sale that milk may require that the buyer or prospective buyer to

forward the sample taken to the department in compliance with section 4.1-25-27. Each sample

so forwarded must include an affidavit from the buyer or prospective buyer, stating that the

sample was taken in compliance with the provisions of section 4.1-25-27, and the statement

must contain all information required in section 4.1-25-43, except that the signature of the seller

is not required. Each sample must be tested and reported on as prescribed in section 4.1-25-43,

and the percentage of butterfat determined and reported constitutes the "official butterfat test"

and is the basis on which final settlement must be made.
N.D. Cent. Code § 4.1-10-12 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-12
4.1-10-12. Submission of assessments - Civil penalty
Status: in_force

4.1-10-12. Submission of assessments - Civil penalty

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

handler no later than the thirtieth day after the end of each calendar quarter.

2. If a designated handler fails to submit the assessments as required by this section, the

council may levy a penalty equal to ten percent of the amount due, plus interest at the

rate of six percent per annum from the due date.
N.D. Cent. Code § 4.1-55-02 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-02
4.1-55-02. Seed commissioner - Duties
Status: in_force

4.1-55-02. Seed commissioner - Duties

The seed commissioner shall:

1. Establish a system for the certification of seed potatoes; and

2. Provide for grade inspections of commercial potatoes in accordance with standards

established by the United States department of agriculture or by contract.
N.D. Cent. Code § 4.1-09-14 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-14
4.1-09-14. Council - Duties
Status: in_force

4.1-09-14. Council - Duties

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

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

and market development efforts, as well as participation in programs under the

auspices of other state, regional, national, and international oilseed promotion

councils.

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

oilseed assessment and ways in which the assessment benefits oilseed producers.
N.D. Cent. Code § 41-02.1-01 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-01
41-02.1-01. (2A-101) Short title
Status: in_force

41-02.1-01. (2A-101) Short title

This chapter may be cited as the Uniform Commercial Code - Leases.
N.D. Cent. Code § 4.1-31-24 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-24
4.1-31-24. Powers of commissioner
Status: in_force

4.1-31-24. Powers of commissioner

For the purposes of this chapter, the commissioner may:

1. Gather and compile information concerning and investigate the organization, business,

conduct, practices, and management of a person in intrastate commerce and the

person's relation to other persons.

2. Require a person engaged in intrastate commerce file with the commissioner, in the

form and manner prescribed by the commissioner, annual and special reports or

written answers to specific questions, giving the commissioner the information the

commissioner requires about the organization, business, conduct, practices,

management, and relation to other persons, of the person filing the reports or answers.

3. Examine and copy documentary evidence of a person being investigated or being

proceeded against. A person may not refuse to submit to the commissioner, for

inspection and copying, any documentary evidence of a person subject to this chapter

in the person's possession or control.

4. Fix the time of filing for a person required by this chapter to file an annual or special

report. A person required by this chapter to file an annual or special report may not

continue the failure for thirty days after notice of failure to file.

5. Adopt rules to implement this chapter, including establishing inspection fees for

providing inspection services under this chapter.
N.D. Cent. Code § 4.1-73-13 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-13
4.1-73-13. Brands authorized for rerecording
Status: in_force

4.1-73-13. Brands authorized for rerecording

Notwithstanding any other provision of this chapter, the chief brand inspector shall accept

for rerecording:

1. Any brand that the owner previously recorded; and

2. A brand that consists of one letter, number, or symbol, provided the brand is to be

placed only on goats or sheep.
N.D. Cent. Code § 41-04.1-13 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-13
41-04.1-13. (4A-205) Erroneous payment orders
Status: in_force

41-04.1-13. (4A-205) Erroneous payment orders

1. If an accepted payment order was transmitted pursuant to a security procedure for the

detection of error and the payment order erroneously instructed payment to a

beneficiary not intended by the sender, erroneously instructed payment in an amount

greater than the amount intended by the sender, or was an erroneously transmitted

duplicate of a payment order previously sent by the sender, the following rules apply:

a. If the sender proves that the sender or a person acting on behalf of the sender

pursuant to section 41-04.1-14 complied with the security procedure and that the

error would have been detected if the receiving bank had also complied, the

sender is not obliged to pay the order to the extent stated in subdivisions b and c.

b. If the funds transfer is completed on the basis of an erroneous payment order,

other than an erroneously transmitted duplicate of a payment order, the sender is

not obliged to pay the order and the receiving bank is entitled to recover from the

beneficiary any amount paid to the beneficiary to the extent allowed by the law

governing mistake and restitution.

c. If the funds transfer is completed on the basis of a payment order erroneously

instructing payment in an amount greater than intended by the sender, the sender

is not obliged to pay the order to the extent the amount received by the

beneficiary is greater than the amount intended by the sender. In that case, the

receiving bank is entitled to recover from the beneficiary the excess amount

received to the extent allowed by the law governing mistake and restitution.

2. If the sender of an erroneous payment order described in subsection 1 is not obliged

to pay all or part of the order and if the sender receives notification from the receiving

bank that the order was accepted by the bank or that the sender's account was

debited with respect to the order, the sender has a duty to exercise ordinary care, on

the basis of information available to the sender, to discover the error with respect to

the order and to advise the bank of the relevant facts within a reasonable time, not

exceeding ninety days, after the bank's notification was received by the sender. If the

bank proves that the sender failed to perform that duty, the sender is liable to the bank

for the loss the bank proves it incurred as a result of the failure, but the liability of the

sender may not exceed the amount of the sender's order.

3. This section applies to amendments to payment orders to the same extent it applies to

payment orders.
N.D. Cent. Code § 4.1-53-27 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-27
4.1-53-27. Vegetable seed - Label requirement - Hermetically sealed containers
Status: in_force

4.1-53-27. Vegetable seed - Label requirement - Hermetically sealed containers

In addition to any other label requirements set forth in this chapter, if vegetable seed that is

offered for sale or sold is in a container that has been hermetically sealed, the label must so

indicate.
N.D. Cent. Code § 4.1-41-09 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-09
4.1-41-09. Inspection fee - Responsibility for payment - Report - Penalty
Status: in_force

4.1-41-09. Inspection fee - Responsibility for payment - Report - Penalty

1. The person responsible for payment of the inspection fee is:

a. The manufacturer listed on the label;

b. The guarantor listed on the label; or

c. The distributor listed on the label.

2. Before the close of business on each February fifteenth, the person responsible for the

payment of the inspection fee shall provide to the commissioner:

a. A tonnage report indicating the number of net tons [kilograms] of commercial

feed, by class, which the person distributed in this state during the immediately

preceding calendar year; and

b. The inspection fees due in accordance with this chapter.

3. If the person responsible for the payment of the inspection fee fails to submit the

assessments as required by this section, the commissioner may impose a penalty

equal to ten percent of the amount due, plus interest at the rate of six percent per

annum from the due date. If imposed, a penalty under this section may not be less

than ten dollars nor more than two hundred fifty dollars.
N.D. Cent. Code § 4.1-59-28 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-28
4.1-59-28. Power of commissioner to prosecute or compromise claims
Status: in_force

4.1-59-28. Power of commissioner to prosecute or compromise claims

The commissioner may:

1. Prosecute an action provided in sections 4.1-59-21 through 4.1-59-31 in any court in

this state or in any other state.

2. Appeal from an adverse judgment to the courts of last resort.

3. Settle and compromise an action if it will be in the best interests of the receiptholders.

4. Settle and compromise an action if it is in the best interests of the credit-sale contract

claimants.

5. Upon payment of the amount of any settlement or of the full amount of any bond,

exonerate the person so paying from further liability growing out of the action.
N.D. Cent. Code § 41-08-32 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-32
41-08-32. (8-306) Effect of guaranteeing signature, endorsement, or instruction
Status: in_force

41-08-32. (8-306) Effect of guaranteeing signature, endorsement, or instruction

1. A person who guarantees a signature of an endorser of a security certificate warrants

that at the time of signing:

a. The signature was genuine;

b. The signer was an appropriate person to endorse, or if the signature is by an

agent, the agent had actual authority to act on behalf of the appropriate person;

and

c. The signer had legal capacity to sign.

2. A person who guarantees a signature of the originator of an instruction warrants that at

the time of signing:

a. The signature was genuine;

b. The signer was an appropriate person to originate the instruction, or if the

signature is by an agent, the agent had actual authority to act on behalf of the

appropriate person, if the person specified in the instruction as the registered

owner was, in fact, the registered owner, as to which fact the signature guarantor

does not make a warranty; and

c. The signer had legal capacity to sign.

3. A person who specially guarantees the signature of an originator of an instruction

makes the warranties of a signature guarantor under subsection 2 and also warrants

that at the time the instruction is presented to the issuer:

a. The person specified in the instruction as the registered owner of the

uncertificated security will be the registered owner; and

b. The transfer of the uncertificated security requested in the instruction will be

registered by the issuer free from all liens, security interests, restrictions, and

claims other than those specified in the instruction.

4. A guarantor under subsections 1 and 2 or a special guarantor under subsection 3 does

not otherwise warrant the rightfulness of the transfer.

5. A person who guarantees an endorsement of a security certificate makes the

warranties of a signature guarantor under subsection 1 and also warrants the

rightfulness of the transfer in all respects.

6. A person who guarantees an instruction requesting the transfer of an uncertificated

security makes the warranties of a special signature guarantor under subsection 3 and

also warrants the rightfulness of the transfer in all respects.

7. An issuer may not require a special guaranty of signature, a guaranty of endorsement,

or a guaranty of instruction as a condition to registration of transfer.

8. The warranties under this section are made to a person taking or dealing with the

security in reliance on the guaranty, and the guarantor is liable to the person for loss

resulting from their breach. An endorser or originator of an instruction whose signature,

endorsement, or instruction has been guaranteed is liable to a guarantor for any loss

suffered by the guarantor as a result of breach of the warranties of the guarantor.
N.D. Cent. Code § 41-04.1-04 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-04
41-04.1-04. (4A-104) Funds transfer - Definitions
Status: in_force

41-04.1-04. (4A-104) Funds transfer - Definitions

In this chapter:

1. "Funds transfer" means the series of transactions, beginning with the originator's

payment order, made for the purpose of making payment to the beneficiary of the

order. The term includes any payment order issued by the originator's bank or an

intermediary bank intended to carry out the originator's payment order. A funds transfer

is completed by acceptance by the beneficiary's bank of a payment order for the

benefit of the beneficiary of the originator's payment order.

2. "Intermediary bank" means a receiving bank other than the originator's bank or the

beneficiary's bank.

3. "Originator" means the sender of the first payment order in a funds transfer.

4. "Originator's bank" means the receiving bank to which the payment order of the

originator is issued if the originator is not a bank or the originator if the originator is a

bank.
N.D. Cent. Code § 4.1-58-14 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-14
4.1-58-14. Revocation and suspension
Status: in_force

4.1-58-14. Revocation and suspension

1. Except as provided in subsection 2, the commissioner may suspend or revoke the

license of a warehouseman for cause upon notice and hearing.

2. Notwithstanding any other provision of this chapter, the commissioner immediately

shall suspend the license of a warehouseman for failure at any time to have or to

maintain either a bond or insurance policy in the amount and type required.

3. During a license suspension, the warehouseman, upon the commissioner's approval,

may operate the warehouse and purchase or redeliver grain previously received, but

may not receive additional grain for purchase, storage, shipping, or processing. The

warehouseman may sell grain only with the prior approval of the commissioner.
N.D. Cent. Code § 41-05-05 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-05
41-05-05. (5-105) Consideration
Status: in_force

41-05-05. (5-105) Consideration

Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or

confirmation.
N.D. Cent. Code § 4.1-02-15 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-15
4.1-02-15. Out-of-state sale - Submission of assessment by producer - Civil penalty
Status: in_force

4.1-02-15. Out-of-state sale - Submission of assessment by producer - Civil penalty

1. If a producer sells barley to a first purchaser located outside this state and if the first

purchaser has not contracted with the barley council to collect and remit assessments

in accordance with this chapter, the producer shall determine the assessment due and

shall submit that amount to the council within thirty days after the conclusion of the

calendar quarter. The producer shall keep a record of the transaction for a period of

three years and shall make the record available to the council for examination upon

request.

2. If a producer fails to submit an assessment as required by this section, the council

may impose a penalty equal to ten percent of the amount due, plus interest at the rate

of six percent per annum from the due date.
N.D. Cent. Code § 4.1-53-34 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-34
4.1-53-34. Tree seed and shrub seed - Label - Statement of origin
Status: in_force

4.1-53-34. Tree seed and shrub seed - Label - Statement of origin

In addition to any other label requirements set forth in section 4.1-53-33, the label of tree

seed or shrub seed must identify the location from which the seeds were collected by:

1. Latitude and longitude; or

2. County or township.
N.D. Cent. Code § 4.1-26-15 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-15
4.1-26-15. Cost variances - Recognition
Status: in_force

4.1-26-15. Cost variances - Recognition

1. Minimum and maximum prices established in accordance with this chapter for

products other than raw milk may reflect packaging cost differences.

2. Minimum and maximum prices established in accordance with this chapter for home-

delivered products may vary from the prices established for products sold to

consumers by retailers.
N.D. Cent. Code § 4.1-47-10 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-10
4.1-47-10. County weed board - Development of county weed list
Status: in_force

4.1-47-10. County weed board - Development of county weed list

1. A county weed board may designate as noxious certain weeds that are not on the

state noxious weed list, provided the county weed board consults with the North

Dakota state university extension service and that the designation is approved by the

commissioner.

2. Before January 1, 2010, and at least every five years thereafter, each county weed

board shall review its noxious weed list and, by majority vote, may remove any weed

from its list. The county weed board shall provide the commissioner with at least

fourteen days' notice of the time and place at which its list will be reviewed and, no

later than fourteen days after conclusion of the review, shall provide the commissioner

with written notice of any changes to the county list.

3. A county weed board shall immediately remove any noxious weed from its list when

directed to do so by the commissioner in accordance with section 4.1-47-04.
N.D. Cent. Code § 41-12-04 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-04
41-12-04. (12-104) Rights in controllable account, controllable electronic record, and controllable payment intangible
Status: in_force

41-12-04. (12-104) Rights in controllable account, controllable electronic record, and

controllable payment intangible.

1. This section applies to the acquisition and purchase of rights in a controllable account

or controllable payment intangible, including the rights and benefits under

subsections 3, 4, 5, 7, and 8 of a purchaser and qualifying purchaser, in the same

manner this section applies to a controllable electronic record.

2. To determine whether a purchaser of a controllable account or a controllable payment

intangible is a qualifying purchaser, the purchaser obtains control of the account or

payment intangible if it obtains control of the controllable electronic record that

evidences the account or payment intangible.

3. Except as provided in this section, law other than this chapter determines whether a

person acquires a right in a controllable electronic record and the right the person

acquires.

4. A purchaser of a controllable electronic record acquires all rights in the controllable

electronic record that the transferor had or had power to transfer, except that a

purchaser of a limited interest in a controllable electronic record acquires rights only to

the extent of the interest purchased.

5. A qualifying purchaser acquires its rights in the controllable electronic record free of a

claim of a property right in the controllable electronic record.

6. Except as provided in subsections 1 and 5 for a controllable account and a controllable

payment intangible or law other than this chapter, a qualifying purchaser takes a right

to payment, right to performance, or other interest in property evidenced by the

controllable electronic record subject to a claim of a property right in the right to

payment, right to performance, or other interest in property.

7. An action may not be asserted against a qualifying purchaser based on both a

purchase by the qualifying purchaser of a controllable electronic record and a claim of

a property right in another controllable electronic record, whether the action is framed

in conversion, replevin, constructive trust, equitable lien, or other theory.

8. Filing of a financing statement under chapter 41-09 is not notice of a claim of a

property right in a controllable electronic record.
N.D. Cent. Code § 41-09-110 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-110
41-09-110. (9-613) Contents and form of notification before disposition of collateral - General
Status: in_force

41-09-110. (9-613) Contents and form of notification before disposition of collateral -

General.

1. The contents of a notification of disposition are sufficient if the notification:

a. Describes the debtor and the secured party;

b. Describes the collateral that is the subject of the intended disposition;

c. States the method of intended disposition;

d. States that the debtor is entitled to an accounting of the unpaid indebtedness and

states the charge, if any, for an accounting; and

e. States the time and place of a public disposition or the time after which any other

disposition is to be made.

2. Whether the contents of a notification that lacks any of the information specified in

subsection 1 are nevertheless sufficient is a question of fact.

3. The contents of a notification providing substantially the information specified in

subsection 1 are sufficient, even if the notification includes:

a. Information not specified by that subsection; or

b. Minor errors that are not seriously misleading.

4. A particular phrasing of the notification is not required.
N.D. Cent. Code § 4.1-61-08 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-08
4.1-61-08. Reimbursement for later insolvencies
Status: in_force

4.1-61-08. Reimbursement for later insolvencies

The commissioner shall ensure all persons eligible for payment from the indemnity fund as

a result of an insolvency are fully compensated to the extent permitted by this chapter before

any payments from the indemnity fund are initiated as a result of a later insolvency. The

chronological order of insolvencies is determined by the date the commissioner is appointed

trustee under section 4.1-58-40 or 4.1-59-21.
N.D. Cent. Code § 41-09-137 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-137
41-09-137. (9-807) Amendment of pre-effective-date financing statement
Status: in_force

41-09-137. (9-807) Amendment of pre-effective-date financing statement

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

filed before this Act takes effect.

2. After this Act takes effect, a person may add or delete collateral covered by, continue

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

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

jurisdiction governing perfection as provided in this chapter as amended by this Act.

However, the effectiveness of a pre-effective-date financing statement also may be

terminated in accordance with the law of the jurisdiction in which the financing

statement is filed.

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

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

statement may be amended after this Act takes effect only if:

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

office specified in section 41-09-72;

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

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

subsection 3 of section 41-09-136; or

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

satisfies subsection 3 of section 41-09-136 is filed in the office specified in section

41-09-72.

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

pre-effective-date financing statement may be continued only under subsections 3 and

5 of section 41-09-135 or section 41-09-136.

5. Whether or not the law of this state governs perfection of a security interest, the

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

terminated after this Act takes effect by filing a termination statement in the office in

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

statement that satisfies subsection 3 of section 41-09-136 has been filed in the office

specified by the law of the jurisdiction governing perfection as provided in this chapter

as amended by this Act as the office in which to file a financing statement.
N.D. Cent. Code § 4.1-05-01 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-01
4.1-05-01. Definitions
Status: in_force

4.1-05-01. Definitions

As used in this chapter:

1. "Commission" means the North Dakota dairy promotion commission.

2. "Dairy product" means a product for human consumption which is derived from the

processing of milk from a healthy four-legged hooved mammal. The term includes a

milk product normally consumed in liquid form as a beverage.

3. "Dealer" means any person that handles, ships, buys, or sells dairy products, or who

acts as a sales or purchasing agent, broker, or factor of dairy products.

4. "Gross receipts" means the amount paid to a producer for milk or for a product derived

from milk and sold by such producer.

5. "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.

6. "Processor" means a person that takes delivery of milk or cream and then:

a. Cans, dries, prepares, or packages the milk or cream; or

b. Produces another product from the milk or cream.

7. "Producer" means a person engaged in the production of milk from a four-legged

mammal for commercial use.
N.D. Cent. Code § 4.1-44-04 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-04
4.1-44-04. Agricultural commodity promotion groups to report to the legislative assembly - Report contents
Status: in_force

4.1-44-04. Agricultural commodity promotion groups to report to the legislative

assembly - Report contents.

1. From the first to the tenth legislative day of each regular legislative session, the

following entities must file a uniform report at a public hearing before the standing

agriculture committee of each house of the legislative assembly:

a. The North Dakota ethanol council;

b. The North Dakota potato council;

c. The North Dakota oilseed council;

d. The North Dakota dry bean council;

e. The North Dakota dry pea and lentil council;

f. The North Dakota barley council;

g. The North Dakota soybean council;

h. The North Dakota corn utilization council;

i. The North Dakota beekeepers association;

j. The North Dakota turkey federation;

k. The North Dakota milk marketing board;

l. The North Dakota dairy promotion commission;

m. The North Dakota state wheat commission; and

n. The North Dakota beef commission.

2. The presiding officer of each house of the legislative assembly may direct the reports

be filed with some other standing committee of that house. Each report must contain a

summary of the activities of the commodity group during the current biennium, and a

single-page uniform statement of revenues and expenditures for the next biennium.

Each report, except the reports of the North Dakota beekeepers association and the

North Dakota turkey federation, also must include an auditor's report on the commodity

group's single-page uniform statement of revenues and expenditures for the previous

two fiscal years or an annual financial statement audit as required by the respective

group's national association.
N.D. Cent. Code § 4.1-41-12 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-12
4.1-41-12. Misbranding
Status: in_force

4.1-41-12. Misbranding

A person may not distribute any commercial feed that is misbranded. Commercial feed is

misbranded if:

1. Its label is false or misleading;

2. It is distributed under the name of another commercial feed;

3. It is not labeled in accordance with this chapter;

4. It purports to be or is represented as being a commercial feed, or if it purports to

contain or is represented as containing a commercial feed ingredient, unless the

commercial feed or feed ingredient conforms to the definition of identity, if any,

prescribed by rules of the agriculture commissioner; or

5. Any information required on the label is not prominently placed, with conspicuousness,

so as to render it readable and comprehensible by an individual under customary

conditions of purchase and use.
N.D. Cent. Code § 4.1-23-05 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-05
4.1-23-05. Authority for abatement and emergency measures
Status: in_force

4.1-23-05. Authority for abatement and emergency measures

If the commissioner finds any article that is infested or reasonably believed to be infested or

a host or pest exists on any premise or is in transit in this state, the commissioner, upon giving

notice to the owner or the owner's agent in possession of the host or pest, may seize,

quarantine, treat, or otherwise dispose of such pest, host, or article in the manner as the

commissioner deems necessary to suppress, control, eradicate, or to prevent or retard the

spread of the pest. The commissioner may order the owner or agent to treat or dispose of the

pest, host, or article. If large areas or metropolitan areas, involving many people, are to be

treated, notice may be given through newspaper, radio, or other news media. A notice must

prominently appear, at least ten days prior to treatment, in at least three issues of a daily paper

having local coverage.
N.D. Cent. Code § 4.1-58-10 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-10
4.1-58-10. Receiving stations
Status: in_force

4.1-58-10. Receiving stations

1. A licensed public warehouseman may establish a receiving station without a separate

warehouse license for that facility if:

a. The station is colocated with another licensed public warehouse, the operator of

which takes delivery of the grain on behalf of the warehouseman that established

the receiving station.

b. The storage space used by the receiving station is used solely by the receiving

station and is not licensed as part of the warehouse located at that site.

c. The grain taken in by the receiving station is not commingled with other grain at

that site.

d. The warehouseman establishing the station requests and receives permission

from the commissioner to increase licensed capacity to include the space to be

used at the receiving station.

e. Grain received at the receiving station is recorded on scale tickets issued by the

warehouseman that established the station and is covered by that

warehouseman's bond.

f. Warehouse-receipted grain received at the receiving station is available for

redelivery to the receiptholder at that location even if the station has been closed.

A charge for redelivery must be stated in the warehouseman's redelivery policy.

2. The storage space used by a receiving station need not be physically disconnected

from the facilities of the other licensed warehouse located at that site.
N.D. Cent. Code § 4.1-53-04 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-04
4.1-53-04. Seed commission - Membership
Status: repealed

4.1-53-04. Seed commission - Membership

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-31-03 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-03
4.1-31-03. Access by inspectors - Penalty
Status: in_force

4.1-31-03. Access by inspectors - Penalty

1. For purposes of enforcement of this chapter, the commissioner may enter and inspect:

a. Any place where food or any other product, the manufacture, sale, use, or

transportation of which is restricted, regulated, or prohibited by a law of this state,

is or may be manufactured, prepared, stored, sold, used, transported, offered for

sale or transportation, or possessed with intent to use, sell, or transport;

b. Any place where an animal is pastured or stabled;

c. Any vehicle used to transport a meat food product or an animal;

d. Any place where food is or may be cooked, prepared, sold, or kept for sale to or

for the public or distributed as a part of the compensation of an employee or

agent; and

e. Any place where a meat food product may be manufactured, sold, used, offered

for sale or transportation, or possessed with intent to use, sell, or transport.

2. The commissioner may inspect any container believed to hold food, a food ingredient,

or some other product, the manufacture, use, sale, or transportation of which is

restricted, regulated, or forbidden by state law, and may take samples from it for

analysis.

3. It is a class A misdemeanor for any person to obstruct entry or inspection under this

chapter or to fail, upon request, to assist in an inspection authorized by this chapter.
N.D. Cent. Code § 4.1-31-11 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-11
4.1-31-11. Storing and handling conditions
Status: in_force

4.1-31-11. Storing and handling conditions

The commissioner shall adopt rules regarding the manner in which all carcasses and meat

food products of animals usable as human food and subject to this chapter must be stored,

handled, and transported.
N.D. Cent. Code § 41-09-24 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-24
41-09-24. (9-304) Law governing perfection and priority of security interests in deposit accounts or certificates of deposit
Status: in_force

41-09-24. (9-304) Law governing perfection and priority of security interests in

deposit accounts or certificates of deposit.

1. The local law of a bank's jurisdiction governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in a deposit account or certificate

of deposit maintained with that bank even if the transaction does not bear any relation

to the bank's jurisdiction.

2. The following rules determine a bank's jurisdiction for purposes of this part:

a. If an agreement between the bank and its customer governing the deposit

account or certificate of deposit expressly provides that a particular jurisdiction is

the bank's jurisdiction for purposes of this part, this chapter, or this title, that

jurisdiction is the bank's jurisdiction.

b. If subdivision a does not apply and an agreement between the bank and its

customer governing the deposit account or certificate of deposit expressly

provides that the agreement is governed by the law of a particular jurisdiction,

that jurisdiction is the bank's jurisdiction.

c. If neither subdivision a nor b applies and an agreement between the bank and the

bank's customer governing the deposit account or certificate of deposit expressly

provides that the deposit account or certificate of deposit is maintained at an

office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

d. If none of the preceding subdivisions applies, the bank's jurisdiction is the

jurisdiction in which the office identified in an account statement as the office

serving the customer's account is located.

e. If none of the preceding subdivisions applies, the bank's jurisdiction is the

jurisdiction in which the chief executive office of the bank is located.
N.D. Cent. Code § 41-08-51 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-51
41-08-51. (8-511) Priority among security interests and entitlement holders
Status: in_force

41-08-51. (8-511) Priority among security interests and entitlement holders

1. Except as otherwise provided in subsections 2 and 3, if a securities intermediary does

not have sufficient interests in a particular financial asset to satisfy both its obligations

to entitlement holders who have security entitlements to that financial asset and its

obligation to a creditor of the securities intermediary who has a security interest in that

financial asset, the claims of entitlement holders, other than the creditor, have priority

over the claim of the creditor.

2. A claim of a creditor of a securities intermediary who has a security interest in a

financial asset held by a securities intermediary has priority over claims of the

securities intermediary's entitlement holders who have security entitlements with

respect to that financial asset if the creditor has control over the financial asset.

3. If a clearing corporation does not have sufficient financial assets to satisfy both its

obligations to entitlement holders who have security entitlements with respect to a

financial asset and its obligation to a creditor of the clearing corporation who has a

security interest in that financial asset, the claim of the creditor has priority over the

claims of entitlement holders.
N.D. Cent. Code § 4.1-40.1-14 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-14
4.1-40.1-14. Rules
Status: in_force

4.1-40.1-14. Rules

The commissioner may adopt rules under chapter 28-32 to to effectuate the provisions of

this chapter.
N.D. Cent. Code § 4.1-33-11 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-11
4.1-33-11. Pesticide dealer certification - Employees - Requirements for purchase
Status: in_force

4.1-33-11. Pesticide dealer certification - Employees - Requirements for purchase

1. A pesticide dealer may not distribute restricted use pesticides or act as a restricted use

pesticide dealer, without first having obtained certification from the North Dakota state

university extension service, or the service's designee. During hours the business is

open, a certified person must be at any location or outlet from which restricted use

pesticides are distributed. Any manufacturer or distributor that has no pesticide dealer

outlet within this state and which distributes such pesticides directly into this state shall

obtain a pesticide dealer certificate for its principal out-of-state location or outlet.

2. Application for a certificate must be on a form prescribed by the board accompanied

by an examination fee set by the board. The application must include the address of

each outlet, the principal business address of the applicant, the name of a person

domiciled in this state authorized to receive and accept service of summons of legal

notices of all kinds for the applicant, and any other necessary information prescribed

by the board.

3. The board shall require each pesticide dealer to demonstrate to the North Dakota state

university extension service or the service's designee knowledge of pesticide laws and

regulations; pesticide hazards to humans, animals, and the environment; and the safe

distribution, disposal, and use and application of pesticides by satisfactorily passing an

examination or meeting other requirements as prescribed by the board within each

classification for which certification is sought.

4. Each pesticide dealer is responsible for the acts of each individual employed by the

dealer in the solicitation and sale of restricted use pesticides and all claims and

recommendations for use of such pesticides. The dealer's certification is subject to

suspension or revocation, after a hearing, for any violation of this chapter committed

by the dealer or by the dealer's officer, agent, or employee.

5. A certificate issued under this section expires on the first day of April following two

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

first. The board may condition renewal of a certificate upon completion of a seminar

approved by the board or successful completion of an examination required by the

board, or both. The board may require any person holding a current valid certificate to

take an examination within the three-year period if the board determines additional

knowledge related to pesticides makes an additional examination necessary or that a

new evaluation is necessary to assure a continuing level of competence and ability to

safely and properly distribute pesticides.

6. Restricted use pesticides may be sold only to:

a. Persons certified as applicators by this state; and

b. Persons certified to use restricted use pesticides by another state, provided the

pesticide control board determines the certifying state's requirements are

substantially similar to those of this state and that the person does not use the

restricted use pesticide in this state.
N.D. Cent. Code § 4.1-48-04 — ND Code / Title 4.1 / Chapter 4.1-48 / Section 4.1-48-04
4.1-48-04. Good faith - Damages for violation - Penalty
Status: in_force

4.1-48-04. Good faith - Damages for violation - Penalty

There is an implied promise of good faith by all parties to a potato production contract. In an

action to recover damages, if the court or a jury finds there has been a breach of the implied

promise of good faith, in addition to other damages authorized by law, attorney's fees and court

costs may be awarded.
N.D. Cent. Code § 4.1-06-17 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-17
4.1-06-17. Expenditure of funds
Status: in_force

4.1-06-17. Expenditure of funds

The council shall approve all expenditures made pursuant to this chapter and shall submit

an itemized voucher to the office of management and budget for payment.
N.D. Cent. Code § 4.1-58-54 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-54
4.1-58-54. Report of trustee - Approval - Distribution
Status: in_force

4.1-58-54. Report of trustee - Approval - Distribution

1. Upon the receipt and evaluation of claims, the commissioner shall file a report showing

the amount and validity of each claim after recognizing relevant:

a. Liens or pledges;

b. Assignments;

c. Deductions due to advances or offsets accrued for the licensee;

d. Cash claims or checks;

e. Credit-sale contracts or noncredit-sale contract; and

f. The amount remaining to be paid based on the terms of the contract.

2. The report also must contain the proposed reimbursement to the commissioner for the

expenses of administering the insolvency, the proposed distribution of the trust fund

assets to receiptholders, less expenses incurred by the commissioner in the

administration of the insolvency, and the proposed credit-sale contract indemnity fund

payments to credit-sale contract claimants. If the trust fund is insufficient to redeem all

receiptholder claims in full, the report should list the funds as prorated.

3. The commissioner shall set a hearing and the appropriate notice for interested

persons to show cause why the commissioner's report should not be approved and

distribution of the trust fund be made as proposed. Copies of the report and notice of

hearing must be served by the commissioner by certified mail upon the licensee and

the surety and by ordinary mail upon all persons having claims filed with the

commissioner.

4. An aggrieved person having an objection to the commissioner's report shall file the

objection with the commissioner and serve copies on the commissioner, the licensee,

and the surety at least twenty days before the hearing. Failure to file and serve

objections in the time set is a waiver of the objection.

5. Following the hearing, the commissioner shall approve or modify the report and issue

an order directing payment of the necessary bond proceeds, distribution of the trust

fund, payments from the credit-sale contract indemnity fund, and discharge of the

commissioner from the commissioner's trust.

6. If an aggrieved person still has objection with the commissioner's report after hearing

the person may appeal to district court.
N.D. Cent. Code § 4.1-61-13 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-13
4.1-61-13. Claims
Status: in_force

4.1-61-13. Claims

A claim concerning a grain buyer must be administered in a manner consistent with chapter
N.D. Cent. Code § 41-09-64 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-64
41-09-64. (9-402) Secured party not obligated on contract of debtor or in tort
Status: in_force

41-09-64. (9-402) Secured party not obligated on contract of debtor or in tort

The existence of a security interest, agricultural lien, or authority given to a debtor to

dispose of or use collateral, without more, does not subject a secured party to liability in contract

or tort for the debtor's acts or omissions.
N.D. Cent. Code § 4.1-20-01 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-01
4.1-20-01. Policy and scope of chapter
Status: in_force

4.1-20-01. Policy and scope of chapter

It is the policy of this state and within the scope of this chapter to provide for the

conservation of the soil and soil resources of this state and for the control and prevention of soil

erosion, and to preserve the state's natural resources, control floods, prevent impairment of

dams and reservoirs, assist in maintaining the navigability of rivers, preserve wildlife, protect the

tax base, protect public lands, and protect and promote the health, safety, and general welfare

of the people of this state.
N.D. Cent. Code § 4.1-33-13 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-13
4.1-33-13. Unlawful acts and grounds for denial, suspension, or revocation of a certification
Status: in_force

4.1-33-13. Unlawful acts and grounds for denial, suspension, or revocation of a

certification.

1. It is a violation of this chapter for a person to:

a. Make false or fraudulent claims through any media, misrepresenting the effect of

materials or methods to be utilized, or advertise a pesticide without reference to

its classification.

b. Make a pesticide recommendation, application, or use inconsistent with the

labeling or other restrictions prescribed by the board.

c. Apply materials known by that person to be ineffective or improper.

d. Operate faulty or unsafe equipment.

e. Operate in a faulty, careless, or negligent manner.

f. Neglect or, after notice, refuse to comply with this chapter, the rules adopted to

implement this chapter, or any lawful order of the commissioner.

g. Refuse or neglect to keep and maintain the records required by this chapter or to

make reports when and as required.

h. Make false or fraudulent records, invoices, or reports.

i. Apply pesticide to the property of another, without the permission of the owner or

lessee, unless the application is made under the direction of a governmental

entity.

j. Use fraud or misrepresentation in making an application for, or for renewal of,

certification.

k. Refuse or neglect to comply with any limitations or restrictions on or in a duly

issued certification.

l. Aid or abet a person to evade this chapter, conspire with a person to evade this

chapter, or allow the person's certification to be used by another person.

m. Knowingly make false statements during or after an inspection or an

investigation.

n. Impersonate a federal, state, county, or city inspector or official.

o. Distribute any restricted use pesticide to any person who is not properly certified

to use or purchase the pesticide.

p. Buy, use, or supervise the use of any pesticide without first complying with the

certification requirements of this chapter, unless otherwise exempted.

q. Apply any pesticide that is not registered under chapter 4.1-34.

2. A certification issued under this chapter may be denied, removed, or suspended if a

person:

a. Receives a criminal conviction under section 136l of the Federal Insecticide,

Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.];

b. Is subject to a final order imposing a civil penalty under section 136l of the

Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]; or

c. Is subject to a concluded enforcement action for a violation of state law or

regulation relating to pesticide use.
N.D. Cent. Code § 4.1-15-02 — ND Code / Title 4.1 / Chapter 4.1-15 / Section 4.1-15-02
4.1-15-02. Northern crops council - Duties - Chairman - Meetings
Status: in_force

4.1-15-02. Northern crops council - Duties - Chairman - Meetings

The northern crops council shall establish policies for the operation of the northern crops

institute.

1. The council consists of:

a. The agriculture commissioner or the commissioner's designee;

b. The president of North Dakota state university of agriculture and applied science

or the president's designee;

c. The president and general manager of the North Dakota mill and elevator

association;

d. An individual selected by the North Dakota barley council;

e. An individual selected by the North Dakota oilseed council;

f. An individual selected by the North Dakota soybean council;

g. An individual selected by the North Dakota wheat commission;

h. No fewer than five nor more than seven individuals who produce northern crops,

selected by the members referenced in subdivisions a through g; and

i. No more than four representatives of industries that process northern crops,

selected by the members designated in subdivisions a through g.

2. a. The term of office for each member of the council referenced in subdivisions d

through i of subsection 1 is three years, and those members are limited to two

3-year terms.

b. Each term of office begins with the first meeting after the member's appointment.

3. Annually, the council members shall select one of the individuals referenced in

subdivisions d through i of subsection 1 to serve as the chairman.

4. The council shall meet at least three times annually at the times and places as

determined by the council and may meet in special meeting upon the call and notice

as may be prescribed by rules adopted by the council.

5. If a member is unable to attend a meeting of the council, the member may be

represented by an individual who has a written proxy from the member.
N.D. Cent. Code § 4.1-05-13 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-13
4.1-05-13. Expenditure of funds
Status: in_force

4.1-05-13. Expenditure of funds

The commission shall approve all expenditures made pursuant to this chapter and shall

submit an itemized voucher to the office of management and budget for payment.
N.D. Cent. Code § 4.1-83-06 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-06
4.1-83-06. Bond requirements - Alternative
Status: in_force

4.1-83-06. Bond requirements - Alternative

Any applicant having a bond on file with the United States department of agriculture

pursuant to the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.], may meet the

requirements of section 4.1-83-05 by filing a copy of that bond with the agriculture

commissioner, provided the commissioner is named as the trustee of the bond.
N.D. Cent. Code § 4.1-53-41 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-41
4.1-53-41. Nonresident seed dealer's license
Status: repealed

4.1-53-41. Nonresident seed dealer's license

Repealed by S.L. 2021, ch. 68, § 7.
N.D. Cent. Code § 4.1-57-10 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-10
4.1-57-10. Accounts and records
Status: in_force

4.1-57-10. Accounts and records

A wholesale potato dealer shall keep accurate accounts and retain records of all

transactions as a dealer for eighteen months. The dealer shall make the records available to the

seed commissioner upon request.
N.D. Cent. Code § 41-02.1-49 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-49
41-02.1-49. (2A-501) Default - Procedure
Status: in_force

41-02.1-49. (2A-501) Default - Procedure

1. Whether the lessor or the lessee is in default under a lease contract is determined by

the lease agreement and this chapter.

2. If the lessor or the lessee is in default under the lease contract, the party seeking

enforcement has rights and remedies as provided in this chapter and, except as

limited by this chapter, as provided in the lease agreement.

3. If the lessor or the lessee is in default under the lease contract, the party seeking

enforcement may reduce the party's claim to judgment, or otherwise enforce the lease

contract by self-help or any available judicial procedure or nonjudicial procedure,

including administrative proceeding, arbitration, or the like, under this chapter.

4. Except as otherwise provided under subsection 1 of section 41-01-19, this chapter, or

the lease agreement, the rights and remedies referred to in subsections 2 and 3 are

cumulative.

5. If the lease agreement covers both real property and goods, the party seeking

enforcement may proceed under this part as to the goods, or under other applicable

law as to both the real property and the goods in accordance with the party's rights

and remedies in respect of the real property, in which case this part does not apply.
N.D. Cent. Code § 4.1-47-02 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-02
4.1-47-02. Control of noxious weeds
Status: in_force

4.1-47-02. Control of noxious weeds

1. Each person shall do all things necessary and proper to control the spread of noxious

weeds.

2. No person may distribute, sell, or offer for sale within this state a noxious weed.
N.D. Cent. Code § 41-08-38 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-38
41-08-38. (8-405) Replacement of lost, destroyed, or wrongfully taken security certificate
Status: in_force

41-08-38. (8-405) Replacement of lost, destroyed, or wrongfully taken security

certificate.

1. If an owner of a certificated security, whether in registered or bearer form, claims that

the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a

new certificate if the owner:

a. So requests before the issuer has notice that the certificate has been acquired by

a protected purchaser;

b. Files with the issuer a sufficient indemnity bond; and

c. Satisfies other reasonable requirements imposed by the issuer.

2. If, after the issue of a new security certificate, a protected purchaser of the original

certificate presents it for registration of transfer, the issuer shall register the transfer

unless an overissue would result. In that case, the issuer's liability is governed by

section 41-08-26. In addition to any rights on the indemnity bond, an issuer may

recover the new certificate from a person to whom it was issued or any person taking

under that person, except a protected purchaser.
N.D. Cent. Code § 4.1-05-02 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-02
4.1-05-02. North Dakota dairy promotion commission - Membership - Terms
Status: in_force

4.1-05-02. North Dakota dairy promotion commission - Membership - Terms

1. The North Dakota dairy promotion commission consists of the following voting

members:

a. Two producers appointed by the governor from a list of nominees submitted by

the milk producers association of North Dakota;

b. The chairman of the North Dakota division of the midwest dairy association; and

c. Two individuals who are members of and elected by the North Dakota division of

the midwest dairy association.

2. a. The term of each producer appointed by the governor is two years and must be

staggered so that the term of only one producer expires each year.

b. The term of each individual who is a member of and elected by the North Dakota

division of the midwest dairy association is two years and must be staggered so

that the term of only one individual expires each year.

3. Each term of office begins July first.

4. Whenever an association is required by subsection 1 to submit nominees to the

governor, that association shall submit at least two nominees for each position to be

filled.
N.D. Cent. Code § 41-03-06 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-06
41-03-06. (3-106) Unconditional promise or order
Status: in_force

41-03-06. (3-106) Unconditional promise or order

1. Except as provided in this section, for the purposes of subsection 1 of section

41-03-04, a promise or order is unconditional unless it states an express condition to

payment or states that the promise or order is subject to or governed by another

writing or that rights or obligations with respect to the promise or order are stated in

another writing. A mere reference to another writing does not make the promise or

order conditional.

2. A promise or order is not made conditional by a reference to another writing for a

statement of rights with respect to collateral, prepayment, or accelerating or because

payment is limited to resort to a particular fund or source.

3. If a promise or order requires as a condition to payment a countersignature by a

person whose specimen signature appears on the promise or order, the condition does

not make the promise or order conditional for the purposes of subsection 1 of section
N.D. Cent. Code § 41-02-96 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-96
41-02-96. (2-717) Deduction of damages from the price
Status: in_force

41-02-96. (2-717) Deduction of damages from the price

The buyer on notifying the seller of the buyer's intention to do so may deduct all or any part

of the damages resulting from any breach of the contract from any part of the price still due

under the same contract.
N.D. Cent. Code § 41-04-42 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-42
41-04-42. (4-504) Privilege of presenting bank to deal with goods - Security interest for expenses
Status: in_force

41-04-42. (4-504) Privilege of presenting bank to deal with goods - Security interest

for expenses.

1. A presenting bank that, following the dishonor of a documentary draft, has seasonably

requested instructions but does not receive them within a reasonable time may store,

sell, or otherwise deal with the goods in any reasonable manner.

2. For its reasonable expenses incurred by action under subsection 1 the presenting

bank has a lien upon the goods or their proceeds, which may be foreclosed in the

same manner as an unpaid seller's lien.
N.D. Cent. Code § 4.1-74-01 — ND Code / Title 4.1 / Chapter 4.1-74 / Section 4.1-74-01
4.1-74-01. Registered livestock - Misrepresentation or falsification of records - Penalty
Status: in_force

4.1-74-01. Registered livestock - Misrepresentation or falsification of records -

Penalty.

1. A person may not willfully:

a. Sell any livestock with a certificate of registration or breeding that does not

pertain to the livestock;

b. Falsify a certificate of registration or breeding;

c. Misrepresent or falsify any production or performance information referenced in a

certificate of registration;

d. Change the markings of livestock with the intent of deceiving a purchaser; or

e. Misrepresent the sire to which livestock has been bred.

2. A person violating this section is guilty of a class A misdemeanor for a first offense and

a class C felony for a second or subsequent offense.
N.D. Cent. Code § 41-09-04 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-04
41-09-04. (9-104) Control of deposit account or uncertificated certificate of deposit
Status: in_force

41-09-04. (9-104) Control of deposit account or uncertificated certificate of deposit

1. A secured party has control of a deposit account or uncertificated certificate of deposit

if:

a. The secured party is the bank with which the deposit account or uncertificated

certificate of deposit is maintained;

b. The debtor, secured party, and bank have agreed in a signed record that the bank

will comply with instructions originated by the secured party directing disposition

of the funds in the deposit account or uncertificated certificate of deposit without

further consent by the debtor;

c. The secured party becomes the bank's customer with respect to the deposit

account or uncertificated certificate of deposit; or

d. Another person, other than the debtor:

(1) Has control of the deposit account and acknowledges that it has control on

behalf of the secured party; or

(2) Obtains control of the deposit account after having acknowledged that it will

obtain control of the deposit account on behalf of the secured party.

2. A secured party that has satisfied subsection 1 has control, even if the debtor retains

the right to direct the disposition of funds from the deposit account or uncertificated

certificate of deposit.
N.D. Cent. Code § 41-04.1-19 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-19
41-04.1-19. (4A-211) Cancellation and amendment of payment order
Status: in_force

41-04.1-19. (4A-211) Cancellation and amendment of payment order

1. A communication of the sender of a payment order canceling or amending the order

may be transmitted to the receiving bank orally or in a record. If a security procedure is

in effect between the sender and the receiving bank, the communication is not

effective to cancel or amend the order unless the communication is verified pursuant to

the security procedure or the bank agrees to the cancellation or amendment.

2. Subject to subsection 1, a communication by the sender canceling or amending a

payment order is effective to cancel or amend the order if notice of the communication

is received at a time and in a manner affording the receiving bank a reasonable

opportunity to act on the communication before the bank accepts the payment order.

3. After a payment order has been accepted, cancellation or amendment of the order is

not effective unless the receiving bank agrees or a funds-transfer system rule allows

cancellation or amendment without agreement of the bank.

a. With respect to a payment order accepted by a receiving bank other than the

beneficiary's bank, cancellation or amendment is not effective unless a

conforming cancellation or amendment of the payment order issued by the

receiving bank is also made.

b. With respect to a payment order accepted by the beneficiary's bank, cancellation

or amendment is not effective unless the order was issued in execution of an

unauthorized payment order, or because of a mistake by a sender in the funds

transfer which resulted in the issuance of a payment order that is a duplicate of a

payment order previously issued by the sender, that orders payment to a

beneficiary not entitled to receive payment from the originator, or that orders

payment in an amount greater than the amount the beneficiary was entitled to

receive from the originator. If the payment order is canceled or amended, the

beneficiary's bank is entitled to recover from the beneficiary any amount paid to

the beneficiary to the extent allowed by the law governing mistake and restitution.

4. An unaccepted payment order is canceled by operation of law at the close of the fifth

funds-transfer business day of the receiving bank after the execution date or payment

date of the order.

5. A canceled payment order cannot be accepted. If an accepted payment order is

canceled, the acceptance is nullified and no person has any right or obligation based

on the acceptance. Amendment of a payment order is deemed to be cancellation of

the original order at the time of amendment and issuance of a new payment order in

the amended form at the same time.

6. Unless otherwise provided in an agreement of the parties or in a funds-transfer system

rule, if the receiving bank, after accepting a payment order, agrees to cancellation or

amendment of the order by the sender or is bound by a funds-transfer system rule

allowing cancellation or amendment without the bank's agreement, the sender,

whether or not cancellation or amendment is effective, is liable to the bank for any loss

and expenses, including reasonable attorney's fees, incurred by the bank as a result of

the cancellation or amendment or attempted cancellation or amendment.

7. A payment order is not revoked by the death or legal incapacity of the sender unless

the receiving bank knows of the death or of an adjudication of incapacity by a court of

competent jurisdiction and has reasonable opportunity to act before acceptance of the

order.

8. A funds-transfer system rule is not effective to the extent it conflicts with subdivision b

of subsection 3.
N.D. Cent. Code § 4.1-47-01 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-01
4.1-47-01. Definitions
Status: in_force

4.1-47-01. Definitions

As used in this chapter:

1. "Board member area" means a geographical area within the county from which a

member of the weed board is appointed.

2. "City weed control officer" means an individual designated by a city weed board to be

responsible for the operation and enforcement of this chapter within the city.

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

4. "Control" means to prevent a noxious weed from spreading by:

a. Suppressing its seeds or propagating parts; or

b. Destroying either the entire plant or its propagating parts.

5. "County weed control officer" means an individual designated by the county weed

board to be responsible for the operation and enforcement of this chapter within each

county.

6. "Noxious weed" means a plant propagated by either seed or vegetative parts and

determined to be injurious to public health, crops, livestock, land, or other property by:

a. The commissioner in accordance with section 4.1-47-05;

b. A county weed board in accordance with section 4.1-47-10; or

c. A city weed board in accordance with section 4.1-47-21.

7. "Township road" means an improved public road that is:

a. Located outside of an incorporated city;

b. Not designated as part of a county, state, or federal aid road system; and

c. Constructed, maintained, graded, and drained by the township, or by the county if

the township is unorganized.
N.D. Cent. Code § 41-09-85 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-85
41-09-85. (9-514) Assignment of powers of secured party of record
Status: in_force

41-09-85. (9-514) Assignment of powers of secured party of record

1. Except as otherwise provided in subsection 3, an initial financing statement may reflect

an assignment of all of the secured party's power to authorize an amendment to the

financing statement by providing the name and mailing address of the assignee as the

name and address of the secured party.

2. Except as otherwise provided in subsection 3, a secured party of record may assign of

record all or part of its power to authorize an amendment to a financing statement by

filing in the filing office an amendment of the financing statement which:

a. Identifies, by its file number, the initial financing statement to which it relates;

b. Provides the name of the assignor; and

c. Provides the name and mailing address of the assignee.

3. An assignment of record of a security interest in a fixture covered by a record of a

mortgage which is effective as a financing statement filed as a fixture filing under

subsection 3 of section 41-09-73 may be made only by an assignment of record of the

mortgage in the manner provided by law of this state other than this title.
N.D. Cent. Code § 4.1-40.1-10 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-10
4.1-40.1-10. Misbranding of beneficial substance prohibited
Status: in_force

4.1-40.1-10. Misbranding of beneficial substance prohibited

A person may not distribute a misbranded beneficial substance. A beneficial substance is

deemed to be misbranded if the:

1. Labeling is false or misleading;

2. Beneficial substance is distributed under the name of another beneficial substance;

and

3. Beneficial substance is not labeled as required by this chapter or in accordance with

regulations prescribed under this chapter.
N.D. Cent. Code § 4.1-31-17 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-17
4.1-31-17. Dead, dying, disabled, or diseased animals - Rules
Status: in_force

4.1-31-17. Dead, dying, disabled, or diseased animals - Rules

The commissioner shall adopt rules to ensure dead, dying, disabled, or diseased animals

are not used as human food.
N.D. Cent. Code § 41-04.1-20 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-20
41-04.1-20. (4A-212) Liability and duty of receiving bank regarding unaccepted payment order
Status: in_force

41-04.1-20. (4A-212) Liability and duty of receiving bank regarding unaccepted

payment order.

If a receiving bank fails to accept a payment order that it is obliged by express agreement to

accept, the bank is liable for breach of the agreement to the extent provided in the agreement or

in this chapter, but does not otherwise have any duty to accept a payment order or, before

acceptance, to take any action or refrain from taking action with respect to the order except as

provided in this chapter or by express agreement. Liability based on acceptance arises only

when acceptance occurs as stated in section 41-04.1-17, and liability is limited to that provided

in this chapter. A receiving bank is not the agent of the sender or beneficiary of the payment

order it accepts or of any other party to the funds transfer, and the bank owes no duty to any

party to the funds transfer except as provided in this chapter or by express agreement.
N.D. Cent. Code § 4.1-16-11 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-11
4.1-16-11. Confiscation and disposal
Status: in_force

4.1-16-11. Confiscation and disposal

Except as provided for in section 4.1-16-10, the agriculture commissioner or a law

enforcement officer may confiscate bees, hives, or beekeeping equipment, being transported or

maintained in violation of this chapter. Any bees, hives, or beekeeping equipment, confiscated

under this section, must be disposed of pursuant to a court order or an administrative order

issued by the commissioner, unless the beekeeper or other responsible person appears to claim

the property and pay any costs incurred by the commissioner due to the confiscation and any

civil penalties imposed under this section.
N.D. Cent. Code § 4.1-20-10 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-10
4.1-20-10. Publication of election results - Determination of feasibility of operation of district
Status: in_force

4.1-20-10. Publication of election results - Determination of feasibility of operation of

district.

The committee shall publish the results of any election. If a majority of the votes cast are in

favor of the creation of a district, the committee shall determine whether the operation of a

district within the boundaries specified on the election is administratively feasible. In making that

determination, the committee shall consider such factors, objects, and other determinations as

to accomplish the policy and scope of this chapter as set forth in section 4.1-20-01.
N.D. Cent. Code § 41-07-39 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-39
41-07-39. (7-601) Lost, stolen, or destroyed documents of title
Status: in_force

41-07-39. (7-601) Lost, stolen, or destroyed documents of title

1. If a document of title is lost, stolen, or destroyed, a court may order delivery of the

goods or issuance of a substitute document and the bailee may without liability to any

person comply with the order. If the document was negotiable, a court may not order

delivery of the goods or issuance of a substitute document without the claimant's

posting security unless it finds that any person that may suffer loss as a result of

nonsurrender of possession or control of the document is adequately protected against

the loss. If the document was non-negotiable, the court may require security. The court

may also order payment of the bailee's reasonable costs and attorney's fees in any

action under this subsection.

2. A bailee that, without a court order, delivers goods to a person claiming under a

missing negotiable document of title is liable to any person injured thereby. If the

delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is

not conversion if the claimant posts security with the bailee in an amount at least

double the value of the goods at the time of posting to indemnify any person injured by

the delivery which files a notice of claim within one year after the delivery.
N.D. Cent. Code § 41-08-06 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-06
41-08-06. (8-106) Control
Status: in_force

41-08-06. (8-106) Control

1. A purchaser has "control" of a certificated security in bearer form if the certificated

security is delivered to the purchaser.

2. A purchaser has "control" of a certificated security in registered form if the certificated

security is delivered to the purchaser and:

a. The certificate is endorsed to the purchaser or in blank by an effective

endorsement; or

b. The certificate is registered in the name of the purchaser, upon original issue or

registration of transfer by the issuer.

3. A purchaser has "control" of an uncertificated security if:

a. The uncertificated security is delivered to the purchaser; or

b. The issuer has agreed that it will comply with instructions originated by the

purchaser without further consent by the registered owner.

4. A purchaser has "control" of a security entitlement if:

a. The purchaser becomes the entitlement holder;

b. The securities intermediary has agreed that it will comply with entitlement orders

originated by the purchaser without further consent by the entitlement holder; or

c. Another person, other than the transferor to the purchaser of an interest in the

security entitlement:

(1) Has control of the security entitlement and acknowledges that it has control

on behalf of the purchaser; or

(2) Obtains control of the security entitlement after having acknowledged that it

will obtain control of the security entitlement on behalf of the purchaser.

5. If an interest in a security entitlement is granted by the entitlement holder to the

entitlement holder's own securities intermediary, the securities intermediary has

control.

6. A purchaser who has satisfied the requirements of subsection 3 or 4 has control, even

if the registered owner in the case of subsection 3 or the entitlement holder in the case

of subsection 4 retains the right to make substitutions for the uncertificated security or

security entitlement, to originate instructions or entitlement orders to the issuer or

securities intermediary, or otherwise to deal with the uncertificated security or security

entitlement.

7. An issuer or a securities intermediary may not enter into an agreement of the kind

described in subdivision b of subsection 3 or subdivision b of subsection 4 without the

consent of the registered owner or entitlement holder, but an issuer or a securities

intermediary is not required to enter into such an agreement even though the

registered owner or entitlement holder so directs. An issuer or securities intermediary

that has entered into such an agreement is not required to confirm the existence of the

agreement to another party unless requested to do so by the registered owner or

entitlement holder.

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

control on behalf of a purchaser.

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

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

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

required to confirm the acknowledgment to any other person.
N.D. Cent. Code § 4.1-73-01 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-01
4.1-73-01. Definition
Status: in_force

4.1-73-01. Definition

For purposes of this chapter, "brand" means an identifying imprint placed on livestock by

use of a hot branding iron or a freeze branding technique.
N.D. Cent. Code § 4.1-53-56 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-56
4.1-53-56. Prosecution for violations - Duty of attorney general and state's attorney
Status: repealed

4.1-53-56. Prosecution for violations - Duty of attorney general and state's attorney

Repealed by S.L. 2011, ch. 70, § 23.
N.D. Cent. Code § 41-02-86 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-86
41-02-86. (2-707) Person in the position of a seller
Status: in_force

41-02-86. (2-707) Person in the position of a seller

1. A "person in the position of a seller" includes as against a principal an agent who has

paid or becomes responsible for the price of goods on behalf of the agent's principal or

anyone who otherwise holds a security interest or other right in goods similar to that of

a seller.

2. A person in the position of a seller may as provided in this chapter withhold or stop

delivery (section 41-02-84) and resell (section 41-02-85) and recover incidental

damages (section 41-02-89).
N.D. Cent. Code § 4.1-47-21 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-21
4.1-47-21. City weed board - Development of city weed list - Review - Removal
Status: in_force

4.1-47-21. City weed board - Development of city weed list - Review - Removal

1. A city weed board may designate as noxious certain weeds that are not on the state or

county noxious weed list, provided the city weed board first consults with the North

Dakota state university extension service and that the designation is approved by the

commissioner.

2. Before January 1, 2010, and at least every five years thereafter, each city weed board

shall review its noxious weed list and, by majority vote, may remove any weed from its

list. The city weed board shall provide the commissioner with at least fourteen days'

notice of the time and place at which its list will be reviewed and, within fourteen days

of the review, shall provide the commissioner with written notice of any changes to the

city list.

3. A city weed board immediately shall remove any noxious weed from the board's list

when directed to do so by the commissioner in accordance with section 4.1-47-04.
N.D. Cent. Code § 4.1-35-01 — ND Code / Title 4.1 / Chapter 4.1-35 / Section 4.1-35-01
4.1-35-01. Definitions
Status: in_force

4.1-35-01. Definitions

As used in this chapter:

1. "Chemigation" means any process by which chemicals, including pesticides and

fertilizers, are applied to land or crops through an irrigation system.

2. "Commissioner" means the agriculture commissioner and includes any employee or

agent designated by the commissioner.

3. "Fertilizer" means any fertilizer as defined by section 4.1-40-01.

4. "Pesticide" means that term defined in section 4.1-33-01.
N.D. Cent. Code § 4.1-47-33 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-33
4.1-47-33. County and city weed boards - Control of invasive species - Acceptance of funds
Status: in_force

4.1-47-33. County and city weed boards - Control of invasive species - Acceptance of

funds.

1. If a county or a city weed board determines that an invasive species is present within

its jurisdiction, the weed board shall notify the commissioner.

2. a. If funds for the control of invasive species are available to the commissioner, the

commissioner may forward the funds to a weed board for the purpose of

controlling the invasive species on public land and assisting private landowners in

their efforts to voluntarily control the invasive species provided:

(1) The commissioner determines that, without intervention, the invasive

species is likely to become a noxious weed during the ensuing five-year

period; and

(2) The weed board files a plan with the commissioner detailing the manner in

which and the time within which the funds are to be expended.

b. Notwithstanding any other law, a county or a city weed board may accept funds

under this subsection and implement a plan, approved by the commissioner, for

the control of invasive species within its jurisdiction.

3. In addition to any funds available from the commissioner, a county or a city weed

board may accept funds from any other source to control invasive species within its

jurisdiction.

4. For purposes of this section, an invasive species means a plant species that has been

introduced into this state and which the North Dakota state university extension

service determines has caused or is likely to cause:

a. Economic harm;

b. Environmental harm; or

c. Harm to human health.
N.D. Cent. Code § 41-04.1-10 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-10
41-04.1-10. (4A-202) Authorized and verified payment orders
Status: in_force

41-04.1-10. (4A-202) Authorized and verified payment orders

1. A payment order received by the receiving bank is the authorized order of the person

identified as sender if that person authorized the order or is otherwise bound by it

under the law of agency.

2. If a bank and its customer have agreed that the authenticity of payment orders issued

to the bank in the name of the customer as sender will be verified under a security

procedure, a payment order received by the receiving bank is effective as the order of

the customer, whether or not authorized, if the security procedure is a commercially

reasonable method of providing security against unauthorized payment orders, and

the bank proves that it accepted the payment order in good faith and in compliance

with the bank's obligations under the security procedure and any agreement or

instruction of the customer, evidenced by a record, restricting acceptance of payment

orders issued in the name of the customer. The bank is not required to follow an

instruction that violates an agreement with the customer, evidenced by a record, or

notice of which is not received at a time and in a manner affording the bank a

reasonable opportunity to act on it before the payment order is accepted.

3. Commercial reasonableness of a security procedure is a question of law to be

determined by considering the wishes of the customer expressed to the bank, the

circumstances of the customer known to the bank, including the size, type, and

frequency of payment orders normally issued by the customer to the bank, alternative

security procedures offered to the customer, and security procedures in general use by

customers and receiving banks similarly situated. A security procedure is deemed to

be commercially reasonable if the security procedure was chosen by the customer

after the bank offered, and the customer refused, a security procedure that was

commercially reasonable for that customer, and the customer expressly agreed in a

record to be bound by any payment order, whether or not authorized, issued in its

name and accepted by the bank in compliance with the bank's obligations under the

security procedure chosen by the customer.

4. In this chapter the term "sender" includes the customer in whose name a payment

order is issued if the order is the authorized order of the customer under subsection 1

or is effective as the order of the customer under subsection 2.

5. This section applies to amendments and cancellations of payment orders to the same

extent it applies to payment orders.

6. Except as provided in this section and in subdivision a of subsection 1 of section

41-04.1-11, rights and obligations arising under this section or section 41-04.1-11 may

not be varied by agreement.
N.D. Cent. Code § 41-02-57 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-57
41-02-57. (2-509) Risk of loss in the absence of breach
Status: in_force

41-02-57. (2-509) Risk of loss in the absence of breach

1. If the contract requires or authorizes the seller to ship the goods by carrier:

a. If it does not require the seller to deliver them at a particular destination, the risk

of loss passes to the buyer when the goods are duly delivered to the carrier even

though the shipment is under reservation (section 41-02-53).

b. If it does require the seller to deliver them at a particular destination and the

goods are there duly tendered while in the possession of the carrier, the risk of

loss passes to the buyer when the goods are there duly so tendered as to enable

the buyer to take delivery.

2. If the goods are held by a bailee to be delivered without being moved, the risk of loss

passes to the buyer:

a. On the buyer's receipt of possession or control of a negotiable document of title

covering the goods;

b. On acknowledgment by the bailee of the buyer's right to possession of the goods;

or

c. After the buyer's receipt of possession or control of a non-negotiable document of

title or other direction to deliver in a record, as provided in subdivision b of

subsection 4 of section 41-02-51.

3. In any case not within subsection 1 or 2, the risk of loss passes to the buyer on the

buyer's receipt of the goods if the seller is a merchant; otherwise the risk passes to the

buyer on tender of delivery.

4. The provisions of this section are subject to contrary agreement of the parties and to

the provisions of this chapter on sale on approval (section 41-02-44) and on effect of

breach on risk of loss (section 41-02-58).
N.D. Cent. Code § 4.1-09-23 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-23
4.1-09-23. Advisory referendum
Status: in_force

4.1-09-23. Advisory referendum

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

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

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

should be raised or lowered.

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

producers who signed the petition may reside in one district.

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

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

3. Each ballot must include a statement indicating:

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

petition;

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

ballots;

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

and

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

and tabulated.

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

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

council.

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

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

session of the legislative assembly.
N.D. Cent. Code § 41-09-05.1 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-05.1
41-09-05.1. (9-105A) Control of electronic money
Status: in_force

41-09-05.1. (9-105A) Control of electronic money

1. A person has control of electronic money if:

a. The electronic money, a record attached to or logically associated with the

electronic money, or a system in which the electronic money is recorded gives the

person:

(1) Power to avail itself of substantially all the benefit from the electronic money;

and

(2) Exclusive power, subject to subsection 2, to:

(a) Prevent others from availing themselves of substantially all the benefit

from the electronic money; and

(b) Transfer control of the electronic money to another person or cause

another person to obtain control of other electronic money as a result

of the transfer of the electronic money; and

b. The electronic money, a record attached to or logically associated with the

electronic money, or a system in which the electronic money is recorded enables

the person readily to identify itself in any way, including by name, identifying

number, cryptographic key, office, or account number, as having the powers

under subdivision a.

2. Subject to subsection 3, a power is exclusive under paragraph 2 of subdivision a of

subsection 1 even if:

a. The electronic money, a record attached to or logically associated with the

electronic money, or a system in which the electronic money is recorded limits the

use of the electronic money or has a protocol programmed to cause a change,

including a transfer or loss of control; or

b. The power is shared with another person.

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

subsection 2 and the person's power is not exclusive if:

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

other person; and

b. The other person:

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

(2) Is the transferor to the person of an interest in the electronic money.

4. If a person has the powers specified in paragraph 2 of subdivision a of subsection 1,

the powers are presumed to be exclusive.

5. A person has control of electronic money if another person, other than the transferor to

the person of an interest in the electronic money:

a. Has control of the electronic money and acknowledges that it has control on

behalf of the person; or

b. Obtains control of the electronic money after having acknowledged that it will

obtain control of the electronic money on behalf of the person.
N.D. Cent. Code § 4.1-57-07 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-07
4.1-57-07. License - Posting
Status: in_force

4.1-57-07. License - Posting

The wholesale potato dealer shall post the license or a certified copy of the license in the

office at each location where the dealer transacts business.
N.D. Cent. Code § 4.1-22-06 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-06
4.1-22-06. Nursery license - Fee
Status: in_force

4.1-22-06. Nursery license - Fee

A person may not sell nursery stock without a license issued by the commissioner. Licenses

expire on December thirty-first each year unless revoked at an earlier date. An application for

renewal of license with any additional information required by the commissioner must be

submitted and accompanied by a fee of fifty dollars on or before December thirty-first each year.

A separate license is required for each place of business. A fee of ten dollars must be submitted

for each additional license, other than the principal place of business. A license may not be

issued to a grower unless the grower has first been issued a certificate of inspection.
N.D. Cent. Code § 41-11-07 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-07
41-11-07. (A-304) Effectiveness of actions taken before effective date
Status: in_force

41-11-07. (A-304) Effectiveness of actions taken before effective date

1. If action, other than the filing of a financing statement, is taken before August 1, 2023,

and the action would have resulted in perfection of the security interest had the

security interest become enforceable before August 1, 2023, the action is effective to

perfect a security interest that attaches under this Act before the adjustment date. An

attached security interest becomes unperfected on the adjustment date unless the

security interest becomes a perfected security interest under this Act before the

adjustment date.

2. The filing of a financing statement before August 1, 2023, is effective to perfect a

security interest on August 1, 2023, to the extent the filing would satisfy the

requirements for perfection under this Act.

3. The taking of an action before August 1, 2023, is sufficient for the enforceability of a

security interest on August 1, 2023, if the action would satisfy the requirements for

enforceability under this Act.
N.D. Cent. Code § 4.1-58-38 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-38
4.1-58-38. Refund of license fee by commissioner
Status: in_force

4.1-58-38. Refund of license fee by commissioner

If requested in writing, the commissioner shall refund the license fee of a public warehouse,

or so much as in the commissioner's judgment is just and reasonable, if satisfactory proof is

furnished the warehouse has been transferred to some other person, and the new owner has

obtained a license for the same warehouse for the unexpired period for which the original

license was issued. If a warehouse is destroyed by fire or other cause, the license fee may be

prorated as the commissioner may determine.
N.D. Cent. Code § 41-05-18 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-18
41-05-18. (5-118) Security interest of issuer or nominated person
Status: in_force

41-05-18. (5-118) Security interest of issuer or nominated person

1. An issuer or nominated person has a security interest in a document presented under

a letter of credit to the extent that the issuer or nominated person honors or gives

value for the presentation.

2. So long as and to the extent that an issuer or nominated person has not been

reimbursed or has not otherwise recovered the value given with respect to a security

interest in a document under subsection 1, the security interest continues and is

subject to chapter 41-09, but:

a. A security agreement is not necessary to make the security interest enforceable

under subdivision c of subsection 2 of section 41-09-13;

b. If the document is presented in a medium other than a written or other tangible

medium, the security interest is perfected; and

c. If the document is presented in a written or other tangible medium and is not a

certificated security, chattel paper, a document of title, an instrument, or a letter of

credit, the security interest is perfected and has priority over a conflicting security

interest in the document so long as the debtor does not have possession of the

document.
N.D. Cent. Code § 4.1-05-05 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-05
4.1-05-05. Commission members - Compensation
Status: in_force

4.1-05-05. 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. The compensation provided for in

this section may not be paid to any member of the commission who receives a salary or other

compensation as an employee or official of this state if the individual is serving on the

commission by virtue of the individual's state office or state employment.
N.D. Cent. Code § 41-09-17 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-17
41-09-17. (9-207) Rights and duties of secured party having possession or control of collateral
Status: in_force

41-09-17. (9-207) Rights and duties of secured party having possession or control of

collateral.

1. Except as otherwise provided in subsection 4, a secured party shall use reasonable

care in the custody and preservation of collateral in the secured party's possession. In

the case of chattel paper or an instrument, reasonable care includes taking necessary

steps to preserve rights against prior parties unless otherwise agreed.

2. Except as otherwise provided in subsection 4, if a secured party has possession of

collateral:

a. Reasonable expenses, including the cost of insurance and payment of taxes or

other charges, incurred in the custody, preservation, use, or operation of the

collateral are chargeable to the debtor and are secured by the collateral;

b. The risk of accidental loss or damage is on the debtor to the extent of a

deficiency in any effective insurance coverage;

c. The secured party shall keep the collateral identifiable, but fungible collateral may

be commingled; and

d. The secured party may use or operate the collateral:

(1) For the purpose of preserving the collateral or the collateral's value;

(2) As permitted by an order of a court having competent jurisdiction; or

(3) Except in the case of consumer goods, in the manner and to the extent

agreed by the debtor.

3. Except as otherwise provided in subsection 4, a secured party having possession of

collateral or control of collateral under section 41-07-06, 41-09-04, 41-09-05,

41-09-5.1, 41-09-06, 41-09-07, or 41-09-07.1:

a. May hold as additional security any proceeds, except money or funds, received

from the collateral;

b. Shall apply money or funds received from the collateral to reduce the secured

obligation, unless remitted to the debtor; and

c. May create a security interest in the collateral.

4. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or

promissory notes or a consignor:

a. Subsection 1 does not apply unless the secured party is entitled under an

agreement:

(1) To charge back uncollected collateral; or

(2) Otherwise to full or limited recourse against the debtor or a secondary

obligor based on the nonpayment or other default of an account debtor or

other obligor on the collateral; and

b. Subsections 2 and 3 do not apply.
N.D. Cent. Code § 4.1-11-06 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-06
4.1-11-06. Election costs - Responsibility
Status: in_force

4.1-11-06. Election costs - Responsibility

All costs of holding county and district elections are the responsibility of the council.
N.D. Cent. Code § 4.1-13-03 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-03
4.1-13-03. Wheat commission - Membership - Eligibility
Status: in_force

4.1-13-03. Wheat commission - Membership - Eligibility

1. The wheat commission consists of:

a. One individual elected from each of the six districts established in section

4.1-13-02; and

b. One individual appointed to represent the state at large.

2. Each elected member of the wheat commission must be a resident of the district that

the member represents, a qualified elector, and a producer.

3. The member at large must be a resident of this state, a qualified elector, and a

producer.

4. Any individual who requested a refund under section 4.1-13-18 during the twelve

months preceding the date on which the term being sought would begin is not eligible

to serve as a member of the commission.
N.D. Cent. Code § 4.1-58-30 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-30
4.1-58-30. Federal grades to control - Grades to be posted
Status: in_force

4.1-58-30. Federal grades to control - Grades to be posted

All public warehousemen shall purchase and store grain except dry edible beans in

accordance with the official grades established by the secretary of agriculture of the United

States, except as otherwise provided in rules and regulations applicable thereto adopted by

federal officials pursuant to law.

1. Public warehousemen shall post in a conspicuous place in the public warehousemen's

warehouse the official grades established and also any change that may be made.

2. Warehousemen of dry edible beans shall purchase, store, and deliver beans in

accordance with the policy of the warehousemen which must be filed with the

commissioner and posted in a conspicuous place in the warehouse of the public

warehousemen.

3. Other grading standards may be used if mutually agreed to in writing by the

warehouseman and the owner of the grain. However, the owner may demand the use

of federal grading standards.

4. The commissioner, after a hearing, may prohibit the use of nonfederal grades.
N.D. Cent. Code § 4.1-43-05 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-05
4.1-43-05. Commissioner may cancel registration
Status: in_force

4.1-43-05. Commissioner may cancel registration

The commissioner may cancel the registration of any livestock medicine that is sold in

violation of this chapter.
N.D. Cent. Code § 4.1-02-10 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-10
4.1-02-10. Council - Powers
Status: in_force

4.1-02-10. 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 § 41-02-90 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-90
41-02-90. (2-711) Buyer's remedies in general - Buyer's security interest in rejected goods
Status: in_force

41-02-90. (2-711) Buyer's remedies in general - Buyer's security interest in rejected

goods.

1. If the seller fails to make delivery or repudiates or the buyer rightfully rejects or

justifiably revokes acceptance then with respect to any goods involved, and with

respect to the whole if the breach goes to the whole contract (section 41-02-75), the

buyer may cancel and whether or not the buyer has done so may in addition to

recovering so much of the price as has been paid:

a. "Cover" and have damages under the next section as to all the goods affected

whether or not they have been identified to the contract; or

b. Recover damages for nondelivery as provided in this chapter (section 41-02-92).

2. If the seller fails to deliver or repudiates, the buyer may also:

a. If the goods have been identified, recover them as provided in this chapter

(section 41-02-50); or

b. In a proper case, obtain specific performance or replevy the goods as provided in

this chapter (section 41-02-95).

3. On rightful rejection or justifiable revocation of acceptance, a buyer has a security

interest in goods in the buyer's possession or control for any payments made on their

price and any expenses reasonably incurred in their inspection, receipt, transportation,

care, and custody and may hold such goods and resell them in like manner as an

aggrieved seller (section 41-02-85).
N.D. Cent. Code § 4.1-12-11 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-11
4.1-12-11. Biennial report - Information regarding turkey assessments
Status: in_force

4.1-12-11. Biennial report - Information regarding turkey assessments

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

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

collected and the manner in which the moneys were expended.
N.D. Cent. Code § 4.1-38-02 — ND Code / Title 4.1 / Chapter 4.1-38 / Section 4.1-38-02
4.1-38-02. Risk management program - Enforcement authority
Status: in_force

4.1-38-02. Risk management program - Enforcement authority

If the agriculture commissioner determines there is noncompliance on the part of any

person that sells, stores, or handles anhydrous ammonia for agricultural purposes and that is

required to comply with the risk management program requirements referenced in section

4.1-38-01, the agriculture commissioner may:

1. Bring an action to enjoin a violation or a threatened violation;

2. Issue a cease and desist order; and

3. Impose a civil penalty through an administrative hearing in an amount not exceeding

ten thousand dollars per day for each violation.
N.D. Cent. Code § 4.1-37-01 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-01
4.1-37-01. Anhydrous ammonia safety rules
Status: in_force

4.1-37-01. Anhydrous ammonia safety rules

The agriculture commissioner shall adopt rules necessary to implement this chapter and

adopt the 2014 American national standard safety requirements for the storage and handling of

anhydrous ammonia. The commissioner may adopt rules that deviate from the 2014 American

national standard safety requirements if certain provisions of the standard impose undue

hardship or if literal adherence to the provisions fails to provide adequate safety.
N.D. Cent. Code § 4.1-28-06 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-06
4.1-28-06. Method of payment
Status: in_force

4.1-28-06. Method of payment

Payment to the seller for livestock sold through a video livestock auction market or internet

livestock auction market must be made in United States currency, with an instrument payable on

demand drawn on a financial institution chartered and regulated by a state or the federal

government, or by wire transfer or other electronic form of payment from a financial institution

chartered and regulated by a state or the federal government.
N.D. Cent. Code § 4.1-07-20 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-20
4.1-07-20. Penalty
Status: in_force

4.1-07-20. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-73-11 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-11
4.1-73-11. Expiration of brand - Notice to owner
Status: in_force

4.1-73-11. Expiration of brand - Notice to owner

1. Before September 1, 2015, and every five years thereafter, the chief brand inspector

shall provide to each owner of record:

a. Written notice of the brand's expiration date;

b. Written notice of the owner's right to rerecord the brand; and

c. A written statement indicating that if the brand is allowed to expire, the person will

have lost ownership interest in the brand and may no longer use the brand.

2. The chief brand inspector shall send the notice and statement required by this section

to the owner:

a. Electronically; or

b. By first-class mail if requested by the owner.
N.D. Cent. Code § 41-04-07 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-07
41-04-07. (4-107) Separate office of bank
Status: in_force

41-04-07. (4-107) Separate office of bank

A branch or separate office of a bank is a separate bank for the purpose of computing the

time within which and determining the place at or to which action may be taken or notice or

orders must be given under this chapter and under chapter 41-03.
N.D. Cent. Code § 41-02.1-43 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-43
41-02.1-43. (2A-402) Anticipatory repudiation
Status: in_force

41-02.1-43. (2A-402) Anticipatory repudiation

If either party repudiates a lease contract with respect to a performance not yet due under

the lease contract, the loss of which performance will substantially impair the value of the lease

contract to the other, the aggrieved party may:

1. For a commercially reasonable time, await retraction of repudiation and performance

by the repudiating party.

2. Make demand under section 41-02.1-42 and await assurance of future performance

adequate under the circumstances of the particular case.

3. Resort to any right or remedy upon default under the lease contract or this chapter,

even though the aggrieved party has notified the repudiating party that the aggrieved

party would await the repudiating party's performance and assurance and has urged

retraction.

In addition, the aggrieved party may suspend performance or, if the aggrieved party is the

lessor, proceed in accordance with the provisions of this chapter on the lessor's right to identify

goods to the lease contract notwithstanding default or to salvage unfinished goods (section

41-02.1-71).
N.D. Cent. Code § 4.1-25-19 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-19
4.1-25-19. Claims collections to be deposited in Bank of North Dakota
Status: in_force

4.1-25-19. Claims collections to be deposited in Bank of North Dakota

All money collected and received by the department as trustee must be deposited in the

Bank of North Dakota.
N.D. Cent. Code § 4.1-20-38 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-38
4.1-20-38. Cooperation among district supervisors
Status: in_force

4.1-20-38. Cooperation among district supervisors

The supervisors of any two or more districts organized under this chapter may cooperate

with one another in the exercise of any or all powers conferred in this chapter.
N.D. Cent. Code § 4.1-31-21 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-21
4.1-31-21. Seizure and condemnation
Status: in_force

4.1-31-21. Seizure and condemnation

The commissioner may initiate action to seize and condemn a carcass or meat food

product, or a dead, dying, disabled, or diseased animal that is being transported in intrastate

commerce, or is held for sale in this state after transportation in intrastate commerce if:

1. The article is or has been prepared, sold, transported, or otherwise distributed or

offered or received for distribution in violation of this chapter;

2. The article is adulterated or misbranded and not suitable for use as human food; or

3. The article is in any other way violative of this chapter.
N.D. Cent. Code § 41-02.1-64 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-64
41-02.1-64. (2A-516) Effect of acceptance of goods - Notice of default - Burden of establishing default after acceptance - Notice of claim or litigation to person answerable over
Status: in_force

41-02.1-64. (2A-516) Effect of acceptance of goods - Notice of default - Burden of

establishing default after acceptance - Notice of claim or litigation to person answerable

over.

1. A lessee must pay rent for any goods accepted in accordance with the lease contract,

with due allowance for goods rightfully rejected or not delivered.

2. A lessee's acceptance of goods precludes rejection of the goods accepted. In the case

of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be

revoked because of it. In any other case, if made with knowledge of a nonconformity,

acceptance cannot be revoked because of it unless the acceptance was on the

reasonable assumption that the nonconformity would be seasonably cured.

Acceptance does not of itself impair any other remedy provided by this chapter or the

lease agreement for nonconformity.

3. If a tender has been accepted:

a. Within a reasonable time after the lessee discovers or should have discovered

any default, the lessee shall notify the lessor and the supplier, if any, or be barred

from any remedy against the party not notified;

b. Except in the case of a consumer lease, within a reasonable time after the lessee

receives notice of litigation for infringement or the like (section 41-02.1-20) the

lessee shall notify the lessor or be barred from any remedy over for liability

established by the litigation; and

c. The burden is on the lessee to establish any default.

4. If a lessee is sued for breach of a warranty or other obligation for which a lessor or a

supplier is answerable over:

a. The lessee may give the lessor or the supplier written notice of the litigation. If the

notice states that the lessor or the supplier may come in and defend and that if

the lessor or the supplier does not do so, the lessor or the supplier will be bound

in any action by the lessee by any determination of fact common to the two

litigations, then unless the lessor or the supplier after seasonable receipt of the

notice does come in and defend the lessor or the supplier is so bound.

b. The lessor or the supplier may demand in writing that the lessee turn over control

of the litigation including settlement if the claim is one for infringement or the like

(section 41-02.1-20) or else be barred from any remedy over. If the demand

states that the lessor or the supplier agrees to bear all expense and to satisfy any

adverse judgment, then unless the lessee after seasonable receipt of the demand

does turn over control the lessee is so barred.

5. The provisions of subsections 3 and 4 apply to any obligation of a lessee to hold the

lessor or the supplier harmless against infringement or the like (section 41-02.1-20).
N.D. Cent. Code § 4.1-45-10 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-10
4.1-45-10. Officers - Duties
Status: in_force

4.1-45-10. Officers - Duties

1. The president is the principal executive officer of the association and shall supervise

and control the business and affairs of the association and preside at all meetings of

the association and the board of directors. The president may sign, with the secretary

or any other officer of the association authorized by the board of directors, any deeds,

mortgages, bonds, contracts, or other instruments the board of directors has

authorized to be executed, except when the signing is expressly delegated by the

board of directors, the bylaws, or law to some other officer or agent of the association.

The president shall perform all duties incident to the office of president and duties as

may be prescribed by the board of directors.

2. In the absence, inability, or refusal to act of the president, the vice president shall

perform the duties of the president and when so acting has all the power of and is

subject to all the restrictions upon the president. If there is more than one vice

president, the vice president elected or appointed earliest in time shall perform the

duties of the president. A vice president shall perform such duties as assigned by the

president or board of directors.

3. If required by the board of directors, the treasurer shall give a bond for the faithful

discharge of the treasurer's duties in a sum with that surety as determined by the

board. The treasurer shall perform or supervise the performance of all the duties

incident to the office of the treasurer and shall:

a. Keep accurate financial records for the association;

b. Deposit all money, drafts, and checks in the name of and to the credit of the

association in the depositories designated by the board;

c. Endorse for deposit all notes, checks, and drafts received by the association as

directed by the board, making proper vouchers;

d. Disburse association funds and issue checks and drafts in the name of the

association, as directed by the board;

e. Give to the president and the board, when requested, an account of all

transactions by the treasurer and of the financial condition of the association; and

f. Perform other duties assigned by the board or the president.

4. The secretary shall keep the minutes of the meetings of the board of directors; see

that all notices are duly given in accordance with the bylaws or as required by law; be

custodian of the association records; keep a register of the post-office address of each

member as furnished to the secretary by the member; and, in general, perform or

supervise the performance of all duties incident to the office of secretary and other

duties as assigned by the president or by the board of directors.

5. Any other officers created by the board of directors may be required to give bonds for

the faithful discharge of their duties in such sum and with such sureties as determined

by the board of directors and shall perform duties assigned to them by the treasurer,

secretary, president, or board of directors.
N.D. Cent. Code § 4.1-60-02 — ND Code / Title 4.1 / Chapter 4.1-60 / Section 4.1-60-02
4.1-60-02. Examination of financial accounts of elevator or warehouse by competent examiner - Request by percentage of stockholders
Status: in_force

4.1-60-02. Examination of financial accounts of elevator or warehouse by competent

examiner - Request by percentage of stockholders.

The commissioner may install, and if requested by not less than fifteen percent of the

partners, stockholders, or members of any association, copartnership, corporation, or limited

liability company conducting the public elevator or warehouse, shall install, the uniform system

of accounting provided for in section 4.1-60-01. The commissioner on the commissioner's own

motion may, or on request of the required percentage of partners, stockholders, or members,

the commissioner shall, send a competent examiner to examine the books and financial

accounts of the elevator or warehouse. If a request for the examination of the accounts of any

association, copartnership, corporation, or limited liability company has been made to the

commissioner, as provided for in this section, subsequent examinations must be made at least

once every year until the commissioner is requested to discontinue the examination by

resolution adopted by the partners, stockholders, or members at any annual meeting. If the

examination has been made, the examiner shall report immediately the results of the

examination to the president and the secretary of the association, copartnership, corporation, or

limited liability company and to the commissioner.
N.D. Cent. Code § 4.1-58-24 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-24
4.1-58-24. Liability of warehouseman
Status: in_force

4.1-58-24. Liability of warehouseman

A public warehouseman is liable to the owner for the delivery of the kind, grade, quality, and

quantity of grain called for by the warehouse receipt. Unless otherwise agreed, the value of any

difference in kind, grade, quality, and quantity must be settled at the price on the local market on

the day the warehouseman receives written request for delivery. The warehouseman may

withhold from delivery a sufficient quantity of grain, based upon the local market price, to satisfy

the value of any difference in kind, grade, or quality.
N.D. Cent. Code § 4.1-31-19 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-19
4.1-31-19. Refusal or withdrawal of inspection
Status: in_force

4.1-31-19. Refusal or withdrawal of inspection

1. For the length of time the commissioner considers necessary to carry out the purposes

of this chapter, the commissioner may refuse to provide, or may withdraw, inspection

services from an establishment if after a hearing the commissioner determines that the

recipient or potential recipient is unfit to engage in any business requiring inspection

under this chapter because the recipient, potential recipient, or anyone responsibly

connected with the recipient or potential recipient has been convicted of:

a. An offense determined by the commissioner to have a direct bearing on the

person's ability to serve the public in a business requiring inspection under this

chapter, or the commissioner determines the person is not sufficiently

rehabilitated under section 12.1-33-02.1;

b. More than one violation of a law based on the acquisition, handling, or distributing

of unwholesome, mislabeled, or deceptively packaged food; or

c. Fraud in connection with transactions involving food.

2. For the purpose of this section anyone responsibly connected with a business means

an individual who is a partner, officer, director, holder, or owner of ten percent or more

of its voting stock or an employee in a managerial or executive capacity.
N.D. Cent. Code § 41-09-28 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-28
41-09-28. (9-308) When security interest or agricultural lien is perfected - Continuity of perfection
Status: in_force

41-09-28. (9-308) When security interest or agricultural lien is perfected - Continuity of

perfection.

1. Except as otherwise provided in this section and section 41-09-29, a security interest

is perfected if it has attached and all of the applicable requirements for perfection in

sections 41-09-30 through 41-09-36 have been satisfied. A security interest is

perfected when it attaches if the applicable requirements are satisfied before the

security interest attaches.

2. An agricultural lien is perfected if it has become effective and all of the applicable

requirements for perfection in section 41-09-30 have been satisfied. An agricultural lien

is perfected when it becomes effective if the applicable requirements are satisfied

before the agricultural lien becomes effective.

3. A security interest or agricultural lien is perfected continuously if it is originally

perfected by one method under this chapter and is later perfected by another method

under this chapter, without an intermediate period when it was unperfected.

4. Perfection of a security interest in collateral also perfects a security interest in a

supporting obligation for the collateral.

5. Perfection of a security interest in a right to payment or performance also perfects a

security interest in a security interest, mortgage, or other lien on personal or real

property securing the right.

6. Perfection of a security interest in a securities account also perfects a security interest

in the security entitlements carried in the securities account.

7. Perfection of a security interest in a commodity account also perfects a security

interest in the commodity contracts carried in the commodity account.
N.D. Cent. Code § 4.1-01-10 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-10
4.1-01-10. Sustainably grown in North Dakota - Application - Logo - Promotion of commodities
Status: in_force

4.1-01-10. Sustainably grown in North Dakota - Application - Logo - Promotion of

commodities.

1. The commissioner may implement a program to promote agricultural commodities

sustainably grown in North Dakota.

2. If a program under subsection 1 is implemented, the program must require a producer

to file an application with the commissioner. If a producer demonstrates the producer's

growing practices with respect to a particular commodity meet the commissioner's

established criteria for sustainability, the commissioner shall authorize the producer to

label and market the commodity as being sustainably grown in North Dakota.

3. The commissioner may develop, and make available for use by authorized producers,

a logo indicating the commodity is sustainably grown in North Dakota. The

commissioner may actively support and promote the sale and use of products

identified as sustainably grown in North Dakota.

4. The commissioner may establish and charge producers a fee for participating in the

program. The commissioner shall forward all fees collected under this section to the

state treasurer for deposit in the general fund.

5. The commissioner may engage in research and educate members of the public

regarding agricultural commodities that are sustainably grown in this state.

6. For purposes of this section, "sustainably grown" means a crop grown using

research-based practices resulting in:

a. Increased efficiencies in soil and nutrient preservation;

b. Decreased reliance on tillage and other soil-depleting practices;

c. Increased efficiencies in the use of water;

d. Increased efficiencies in the use of other necessary and measurable agricultural

inputs;

e. Increased yield efficiencies; and

f. Greater economic benefit to producers.
N.D. Cent. Code § 4.1-01-03 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-03
4.1-01-03. Compelling attendance of witnesses and production of books and papers
Status: in_force

4.1-01-03. Compelling attendance of witnesses and production of books and papers

The commissioner may compel the attendance of persons at hearings before the

commissioner, and the production of books and papers. The commissioner may examine

witnesses under oath and may administer oaths. The commissioner's office must file and

preserve any testimony taken by the commissioner.
N.D. Cent. Code § 4.1-09-19 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-19
4.1-09-19. Refund of assessment
Status: in_force

4.1-09-19. 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 shall then refund the net

amount of the assessment that had been collected.

3. If a request for a refund is not submitted to the council within the prescribed time

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

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

meets or exceeds five dollars.
N.D. Cent. Code § 4.1-34-14 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-14
4.1-34-14. Experimental use permits
Status: in_force

4.1-34-14. Experimental use permits

If the state is authorized by the administrator of the United States environmental protection

agency to issue experimental use permits, the commissioner may:

1. Issue an experimental use permit to an applicant if the commissioner determines that

the applicant requires the permit to accumulate information necessary to register a

pesticide use. An application for an experimental use permit may be filed when an

application for registration is filed or before or after filing the application.

2. Prescribe terms, conditions, and the period of time for use under the experimental use

permit.

3. Revoke an experimental use permit if the commissioner finds the permit's terms or

conditions are being violated or that the permit's terms and conditions are inadequate

to avoid unreasonable adverse effects to human health or the environment.
N.D. Cent. Code § 4.1-58-06 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-06
4.1-58-06. Release of records - Confidentiality
Status: in_force

4.1-58-06. Release of records - Confidentiality

1. As a condition of licensure under section 4.1-58-08, an applicant shall agree to provide

to the commissioner, upon request, any financial record the commissioner deems

relevant for purposes related to:

a. The issuance or renewal of a public warehouse license; or

b. An investigation after issuance or renewal of a public warehouse license.

2. As a condition of licensure, an applicant shall file a records release with the

commissioner, authorizing the commissioner to obtain from any source any financial

record the commissioner deems relevant for purposes related to:

a. The issuance or renewal of a public warehouse license; or

b. An investigation after issuance or renewal of a public warehouse license.

3. Information obtained by the commissioner under this section is confidential and may

be provided only:

a. To federal authorities in accordance with federal law;

b. To the attorney general, state agencies, and law enforcement agencies, for use in

the pursuit of official duties; and

c. As directed by an order of a court pursuant to a showing of good cause.
N.D. Cent. Code § 41-09-44 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-44
41-09-44. (9-324) Priority of purchase-money security interests
Status: in_force

41-09-44. (9-324) Priority of purchase-money security interests

1. Except as otherwise provided in subsection 7, a perfected purchase-money security

interest in goods other than inventory or livestock has priority over a conflicting

security interest in the same goods, and, except as otherwise provided in section

41-09-47, a perfected security interest in its identifiable proceeds also has priority, if

the purchase-money security interest is perfected when the debtor receives

possession of the collateral or within twenty days thereafter.

2. Subject to subsection 3 and except as otherwise provided in subsection 7, a perfected

purchase-money security interest in inventory has priority over a conflicting security

interest in the same inventory, has priority over a conflicting security interest in chattel

paper or an instrument constituting proceeds of the inventory and in proceeds of the

chattel paper, if so provided in section 41-09-50, and, except as otherwise provided in

section 41-09-47, also has priority in identifiable cash proceeds of the inventory to the

extent the identifiable cash proceeds are received on or before the delivery of the

inventory to a buyer, if:

a. The purchase-money security interest is perfected when the debtor receives

possession of the inventory;

b. The purchase-money secured party sends a signed notification to the holder of

the conflicting security interest;

c. The holder of the conflicting security interest receives the notification within five

years before the debtor receives possession of the inventory; and

d. The notification states that the person sending the notification has or expects to

acquire a purchase-money security interest in inventory of the debtor and

describes the inventory.

3. Subdivisions b through d of subsection 2 apply only if the holder of the conflicting

security interest had filed a financing statement covering the same types of inventory:

a. If the purchase-money security interest is perfected by filing, before the date of

the filing; or

b. If the purchase-money security interest is temporarily perfected without filing or

possession under subsection 6 of section 41-09-32, before the beginning of the

twenty-day period thereunder.

4. Subject to subsection 5 and except as otherwise provided in subsection 7, a perfected

purchase-money security interest in livestock that are farm products has priority over a

conflicting security interest in the same livestock, and, except as otherwise provided in

section 41-09-47, a perfected security interest in their identifiable proceeds and

identifiable products in their unmanufactured states also has priority, if:

a. The purchase-money security interest is perfected when the debtor receives

possession of the livestock;

b. The purchase-money secured party sends a signed notification to the holder of

the conflicting security interest;

c. The holder of the conflicting security interest receives the notification within six

months before the debtor receives possession of the livestock; and

d. The notification states that the person sending the notification has or expects to

acquire a purchase-money security interest in livestock of the debtor and

describes the livestock.

5. Subdivisions b through d of subsection 4 apply only if the holder of the conflicting

security interest had filed a financing statement covering the same types of livestock:

a. If the purchase-money security interest is perfected by filing, before the date of

the filing; or

b. If the purchase-money security interest is temporarily perfected without filing or

possession under subsection 6 of section 41-09-32, before the beginning of the

twenty-day period thereunder.

6. Except as otherwise provided in subsection 7, a perfected purchase-money security

interest in software has priority over a conflicting security interest in the same

collateral, and, except as otherwise provided in section 41-09-47, a perfected security

interest in its identifiable proceeds also has priority, to the extent that the

purchase-money security interest in the goods in which the software was acquired for

use has priority in the goods and proceeds of the goods under this section.

7. If more than one security interest qualifies for priority in the same collateral under

subsection 1, 2, 3, or 4:

a. A security interest securing an obligation incurred as all or part of the price of the

collateral has priority over a security interest securing an obligation incurred for

value given to enable the debtor to acquire rights in or the use of collateral; and

b. In all other cases, subsection 1 of section 41-09-42 applies to the qualifying

security interests.
N.D. Cent. Code § 4.1-11-04 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-04
4.1-11-04. Election of county representative
Status: in_force

4.1-11-04. Election of county representative

1. Before January first, the council shall identify each district represented by a council

member whose term is about to expire and notify the extension agent for each county

in that member's district that an election to select a county representative must occur

before March first.

2. Each year during the month of December, the council shall publish notice of the

election in the official newspaper of the county for one week. The notice must contain

a description of the election process, a request for the nomination of potential

candidates for the position, and a deadline for the receipt of all nominations.

3. In order for a nomination to be valid, it must be submitted to the county extension

agent in writing and signed by a nominating producer who resides in the county. The

county extension agent shall determine if a nomination is valid. A decision by the

county extension agent under this subsection is final.

4. The county extension agent shall:

a. Compile all valid nominations;

b. Contact each nominee to determine if the nominee consents to being on the

ballot; and

c. Forward the name of each nominee to the council.

5. The council shall prepare the election ballots and mail to each producer of record in

the county:

a. A ballot;

b. A stamped self-addressed return envelope;

c. Instructions for completing and returning the ballot; and

d. A statement indicating the last date by which the ballots must be postmarked or

filed with the county extension agent.

6. The council shall publish notice of the pending election in the official newspaper of the

county for one week. The notice must announce the election, provide information

regarding the manner in which a producer may obtain a ballot if one was not received

by mail, and indicate the deadline by which all ballots must be returned.

7. Any producer who resides in the county may vote in the election.

8. Immediately after the passing of the deadline by which the ballots must be returned,

the county extension agent shall:

a. Tabulate the ballots;

b. Notify the director of the North Dakota state university extension service and the

council that the election has taken place and provide to the director and the

council the name and address of the newly elected county representative; and

c. Notify the newly elected county representative.

9. Subsections 1 through 8 do not apply if the county extension agent, in consultation

with the executive director of the county farm service agency office, determines and

notifies the council that no soybean producers willing to serve as county

representatives reside within the county.
N.D. Cent. Code § 4.1-26-29 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-29
4.1-26-29. Records - Confidential - Penalty
Status: in_force

4.1-26-29. Records - Confidential - Penalty

1. Any information created, collected, or maintained by the milk marketing board under

this chapter is confidential and not subject to the open records requirements of section

44-04-18, except that the board may:

a. Utilize the information in the administration of this chapter;

b. Provide testimony regarding the information in a judicial proceeding or an

administrative proceeding conducted in accordance with chapter 28-32;

c. Provide the information to the agriculture commissioner for the purpose of

determining a licensee's financial condition, as required by chapter 4.1-25; and

d. Utilize the information in compiling and disseminating general statistical data.

2. Any person divulging confidential information in violation of this section is guilty of a

class A misdemeanor.
N.D. Cent. Code § 41-02-52 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-52
41-02-52. (2-504) Shipment by seller
Status: in_force

41-02-52. (2-504) Shipment by seller

If the seller is required or authorized to send the goods to the buyer and the contract does

not require the seller to deliver them at a particular destination, then unless otherwise agreed

the seller must:

1. Put the goods in the possession of such a carrier and make such a contract for their

transportation as may be reasonable having regard to the nature of the goods and

other circumstances of the case;

2. Obtain and promptly deliver or tender in due form any document necessary to enable

the buyer to obtain possession of the goods or otherwise required by the agreement or

by usage of trade; and

3. Promptly notify the buyer of the shipment.

Failure to notify the buyer under subsection 3 or to make a proper contract under subsection 1

is a ground for rejection only if material delay or loss ensues.
N.D. Cent. Code § 4.1-38-01 — ND Code / Title 4.1 / Chapter 4.1-38 / Section 4.1-38-01
4.1-38-01. Risk management program - Anhydrous ammonia
Status: in_force

4.1-38-01. Risk management program - Anhydrous ammonia

To determine compliance with the risk management program requirements set forth in

section 112 of the Clean Air Act of 1990 [42 U.S.C. 7401 et seq.], as amended through June 30,

2011, the agriculture commissioner may:

1. Request information from any person that:

a. Sells, stores, or handles anhydrous ammonia for agricultural purposes; and

b. Is required to comply with the risk management program requirements;

2. Conduct inspections of any person that:

a. Sells, stores, or handles anhydrous ammonia for agricultural purposes; and

b. Is required to comply with the risk management program requirements; and

3. Obtain and review risk management plans required under 40 Code of Federal

Regulations, part 68, as amended through June 30, 2011, and other records

applicable to any person that:

a. Sells, stores, or handles anhydrous ammonia for agricultural purposes; and

b. Is required to comply with the risk management program requirements.
N.D. Cent. Code § 41-04-08 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-08
41-04-08. (4-108) Time of receipt of items
Status: in_force

41-04-08. (4-108) Time of receipt of items

1. For the purpose of allowing time to process items, prove balances, and make the

necessary entries on its books to determine its position for the day, a bank may fix an

afternoon hour of two p.m. or later as a cutoff hour for the handling of money and

items and the making of entries on its books.

2. Any item or deposit of money received on any day after a cutoff hour so fixed or after

the close of the banking day may be treated as being received at the opening of the

next banking day.
N.D. Cent. Code § 41-04.1-25 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-25
41-04.1-25. (4A-305) Liability for late or improper execution or failure to execute payment order
Status: in_force

41-04.1-25. (4A-305) Liability for late or improper execution or failure to execute

payment order.

1. If a funds transfer is completed but execution of a payment order by the receiving bank

in breach of section 41-04.1-22 results in delay in payment to the beneficiary, the bank

is obliged to pay interest to either the originator or the beneficiary of the funds transfer

for the period of delay caused by the improper execution. Except as provided in

subsection 3, additional damages are not recoverable.

2. If execution of a payment order by a receiving bank in breach of section 41-04.1-22

results in noncompletion of the funds transfer, failure to use an intermediary bank

designated by the originator, or issuance of a payment order that does not comply with

the terms of the payment order of the originator, the bank is liable to the originator for

its expenses in the funds transfer and for incidental expenses and interest losses, to

the extent not covered by subsection 1, resulting from the improper execution. Except

as provided in subsection 3, additional damages are not recoverable.

3. In addition to the amounts payable under subsections 1 and 2, damages, including

consequential damages, are recoverable to the extent provided in an express

agreement of the receiving bank, evidenced by a record.

4. If a receiving bank fails to execute a payment order it was obliged by express

agreement to execute, the receiving bank is liable to the sender for its expenses in the

transaction and for incidental expenses and interest losses resulting from the failure to

execute. Additional damages, including consequential damages, are recoverable to

the extent provided in an express agreement of the receiving bank, evidenced by a

record, but are not otherwise recoverable.

5. Reasonable attorney's fees are recoverable if demand for compensation under

subsection 1 or 2 is made and refused before an action is brought on the claim. If a

claim is made for breach of an agreement under subsection 4 and the agreement does

not provide for damages, reasonable attorney's fees are recoverable if demand for

compensation under subsection 4 is made and refused before an action is brought on

the claim.

6. Except as stated in this section, the liability of a receiving bank under subsections 1

and 2 may not be varied by agreement.
N.D. Cent. Code § 4.1-02-13 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-13
4.1-02-13. Collection of assessment - Records
Status: in_force

4.1-02-13. 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 barley being purchased by the first purchaser.

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

shipments of barley for a period of three years. The first purchaser shall make these

records available to the council for examination at all reasonable times.

3. No later than thirty days after the conclusion of each calendar quarter, each first

purchaser shall file with the council a report stating the quantity of all barley received,

sold, or shipped by the first purchaser.
N.D. Cent. Code § 41-09-76 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-76
41-09-76. (9-505) Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions
Status: in_force

41-09-76. (9-505) Filing and compliance with other statutes and treaties for

consignments, leases, other bailments, and other transactions.

1. A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment

intangible or promissory note may file a financing statement, or may comply with a

statute or treaty described in subsection 1 of section 41-09-31, using the terms

"consignor", "consignee", "lessor", "lessee", "bailor", "bailee", "licensor", "licensee",

"owner", "registered owner", "buyer", "seller", or words of similar import, instead of the

terms "secured party" and "debtor".

2. This part applies to the filing of a financing statement under subsection 1 and, as

appropriate, to compliance that is equivalent to filing a financing statement under

subsection 2 of section 41-09-31, but the filing or compliance is not of itself a factor in

determining whether the collateral secures an obligation. If it is determined for another

reason that the collateral secures an obligation, a security interest held by the

consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is

perfected by the filing or compliance.
N.D. Cent. Code § 4.1-40-08 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-08
4.1-40-08. Inspection, sampling, analysis
Status: in_force

4.1-40-08. Inspection, sampling, analysis

1. To determine compliance with this chapter and rules implemented under this chapter,

the commissioner may enter real property during regular business hours and access

any structure or personal property to sample, inspect, analyze, and test fertilizers,

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

amendments distributed in this state.

2. The commissioner shall adopt methods of analysis and sampling from reputable

sources such as the Journal of the AOAC International.

3. A single package may constitute an official sample. In determining whether any

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

amendment is deficient, the commissioner shall only consider the analysis of the

official sample.

4. If the results of the commissioner's official analysis indicate that a fertilizer, fertilizer

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

be the subject of a penalty or other legal action, the commissioner shall forward the

analysis to the registrant at least ten days before the report is submitted to the

purchaser. If during the ten-day period no adequate evidence to the contrary is made

available to the commissioner by the registrant, the report becomes official.

5. The commissioner shall retain any official samples found to be deficient for thirty days

following the issuance of the analytical report.

6. Upon request, the commissioner shall furnish to the registrant a portion of any sample

found to be the subject of a penalty or other legal action.
N.D. Cent. Code § 4.1-11-05 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-05
4.1-11-05. Election of council member - District representative
Status: in_force

4.1-11-05. Election of council member - District representative

1. Upon receiving notice that the election has taken place, as required by subsection 8 of

section 4.1-11-04, the director of the North Dakota state university extension service

shall call a meeting of all county representatives in the district represented by the

member whose term is to expire.

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

registered mail at least five days before the meeting.

3. At the discretion of the director of the North Dakota state university extension service,

the meeting may be held by any means, including by conference call or other

electronic medium. If the meeting requires physical presence at a particular location,

that location must be within the district.

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

serve as the council member from that district.

5. The director shall notify the council that the election has taken place and shall provide

to the council the name and address of the newly elected council member.

6. If the county representatives fail to elect an individual, as required by this section, the

director of the North Dakota state university extension service shall notify the council

and the council shall appoint a producer from the district to serve as the district's

council member. An individual appointed under this subsection has the same rights,

duties, and privileges as an elected council member.
N.D. Cent. Code § 41-09-90 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-90
41-09-90. (9-519) Numbering, maintaining, and indexing records - Communicating information provided in records
Status: in_force

41-09-90. (9-519) Numbering, maintaining, and indexing records - Communicating

information provided in records.

1. For each record filed in a filing office, the filing office shall:

a. Assign a unique number to the filed record;

b. Create a record that bears the number assigned to the filed record and the date

and time of filing;

c. Maintain the filed record for public inspection; and

d. Index the filed record in accordance with subsections 3 through 5.

2. A file number assigned after January 1, 2002, must include a digit that:

a. Is mathematically derived from or related to the other digits of the file number;

and

b. Aids the filing office in determining whether a number communicated as the file

number includes a single-digit or transpositional error.

3. Except as otherwise provided in subsections 4 and 5, the filing office shall:

a. Index an initial financing statement according to the name of the debtor and index

all filed records relating to the initial financing statement in a manner that

associates with one another an initial financing statement and all filed records

relating to the initial financing statement; and

b. Index a record that provides a name of a debtor which was not previously

provided in the financing statement to which the record relates also according to

the name that was not previously provided.

4. If a financing statement is filed as a fixture filing or covers as-extracted collateral or

timber to be cut, it must be filed for record and the filing office shall index it:

a. Under the names of the debtor and of each owner of record shown on the

financing statement as if they were the mortgagors under a mortgage of the real

property described; and

b. To the extent that the law of this state provides for indexing of records of

mortgages under the name of the mortgagee, under the name of the secured

party as if the secured party were the mortgagee thereunder, or, if indexing is by

description, as if the financing statement were a record of a mortgage of the real

property described.

5. If a financing statement is filed as a fixture filing or covers as-extracted collateral or

timber to be cut, the filing office shall index an assignment filed under subsection 1 of

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

a. Under the name of the assignor as grantor; and

b. To the extent that the law of this state provides for indexing a record of the

assignment of a mortgage under the name of the assignee, under the name of

the assignee.

6. The filing office shall maintain a capability:

a. To retrieve a record by the name of the debtor and by the file number assigned to

the initial financing statement to which the record relates; and

b. To associate and retrieve with one another an initial financing statement and each

filed record relating to the initial financing statement.

7. The filing office may not remove a debtor's name from the index until one year after

the effectiveness of a financing statement naming the debtor lapses under section

41-09-86 with respect to all secured parties of record.

8. The filing office shall perform the acts required by subsections 1 through 5 at the time

and in the manner prescribed by filing-office rule, but not later than two business days

after the filing office receives the record in question.