N.D. Cent. Code § 41-05-11 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-11
41-05-11. (5-111) Remedies
Status: in_force

41-05-11. (5-111) Remedies

1. If an issuer wrongfully dishonors or repudiates its obligation to pay money under a

letter of credit before presentation, the beneficiary, successor, or nominated person

presenting on its own behalf may recover from the issuer the amount that is the

subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit

is not for the payment of money, the claimant may obtain specific performance or, at

the claimant's election, recover an amount equal to the value of performance from the

issuer. In either case, the claimant may also recover incidental but not consequential

damages. The claimant is not obligated to take action to avoid damages that might be

due from the issuer under this subsection. If, although not obligated to do so, the

claimant avoids damages, the claimant's recovery from the issuer must be reduced by

the amount of damages avoided. The issuer has the burden of proving the amount of

damages avoided. In the case of repudiation the claimant need not present any

document.

2. If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or

honors a draft or demand in breach of its obligation to the applicant, the applicant may

recover damages resulting from the breach, including incidental but not consequential

damages, less any amount saved as a result of the breach.

3. If an adviser or nominated person other than a confirmer breaches an obligation under

this chapter or an issuer breaches an obligation not covered in subsection 1 or 2, a

person to whom the obligation is owed may recover damages resulting from the

breach, including incidental but not consequential damages, less any amount saved as

a result of the breach. To the extent of the confirmation, a confirmer has the liability of

an issuer specified in this subsection and subsections 1 and 2.

4. An issuer, nominated person, or adviser who is found liable under subsection 1, 2, or 3

shall pay interest on the amount owed thereunder from the date of wrongful dishonor

or other appropriate date.

5. Reasonable attorney's fees and other expenses of litigation must be awarded to the

prevailing party in an action in which a remedy is sought under this chapter.

6. Damages that would otherwise be payable by a party for breach of an obligation under

this chapter may be liquidated by agreement or undertaking, but only in an amount or

by a formula that is reasonable in light of the harm anticipated.
N.D. Cent. Code § 4.1-36-03 — ND Code / Title 4.1 / Chapter 4.1-36 / Section 4.1-36-03
4.1-36-03. Project safe send pesticide and pesticide container collection - User fees
Status: in_force

4.1-36-03. Project safe send pesticide and pesticide container collection - User fees

The agriculture commissioner, in consultation with the advisory board for the project safe

send pesticide and pesticide container disposal program, may charge a fee for collection of

rinsate. The fees must be established at a level that will generate enough revenue to cover the

cost of disposal associated with the rinsate that is collected. Collections from this fee must be

deposited in the environment and rangeland protection fund.
N.D. Cent. Code § 4.1-16-14 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-14
4.1-16-14. Agriculture commissioner - Inspection of apiary - Noncertification purposes
Status: in_force

4.1-16-14. Agriculture commissioner - Inspection of apiary - Noncertification

purposes.

The agriculture commissioner may:

1. At the request of a beekeeper, inspect apiaries for any purpose other than the

issuance of a certificate of inspection or other official document or validation; and

2. Charge a fee to cover the costs of inspecting an apiary under subsection 1.
N.D. Cent. Code § 4.1-41-13 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-13
4.1-41-13. Inspection, sampling, analysis
Status: in_force

4.1-41-13. Inspection, sampling, analysis

1. For purposes of enforcing this chapter, designated officers and employees of the

commissioner may enter and inspect any factory, warehouse, establishment, or vehicle

in which commercial feeds are manufactured, processed, packed, held for distribution,

or transported, provided the individuals first present their credentials and written notice

to the owner, manager, or driver.

2. Any inspection authorized under this section must take place at reasonable times,

within reasonable limits, and in a reasonable manner. The inspection may include the

verification of records and production and control procedures, as necessary to

determine compliance with this chapter and rules implemented under this chapter.

3. A separate notice must be given for each authorized inspection. However, a separate

notice is not required for each entry made during the period covered by the inspection.

Each inspection must be commenced and completed with reasonable promptness.

Upon completion of the inspection, the individual in charge of the facility or the

individual in charge of the vehicle must be notified.

4. If the officer or employee making an inspection has obtained a sample in the course of

the inspection, upon completion of the inspection and prior to leaving the premises, the

officer or employee shall give to the owner or manager a receipt describing the

samples obtained.

5. If an officer or employee of the commissioner is denied entry as authorized by this

section, the commissioner may obtain a warrant directing the owner or manager to

submit the premises described in the warrant to inspection.

6. Any officer or employee of the commissioner authorized to enter any structure or

vehicle in accordance with this section, may obtain samples and examine records

relating to distribution of commercial feeds.

7. Sampling and analysis under this section must be conducted in accordance with

generally recognized methods, such as methods published by the association of

official analytical chemists international.

8. The commissioner shall forward the results of any sample analysis to the person

named on the label and to the purchaser.

9. If an analysis indicates that a commercial feed has been adulterated or misbranded,

within thirty days following receipt of the analysis, the person named on the label may

request that the commissioner provide a portion of the sample.

10. In determining for administrative purposes whether a commercial feed is deficient in

any component, the commissioner must be guided by the official sample.
N.D. Cent. Code § 4.1-61-09 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-09
4.1-61-09. Credit-sale contract indemnity fund - Reimbursement for administrative expenses
Status: in_force

4.1-61-09. Credit-sale contract indemnity fund - Reimbursement for administrative

expenses.

Any expense incurred by the commissioner in administrating the credit-sale contract

indemnity must be reimbursed from the fund before any other claim for indemnity is paid.
N.D. Cent. Code § 4.1-45-08 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-08
4.1-45-08. Vacancies and special compensation of board members
Status: in_force

4.1-45-08. Vacancies and special compensation of board members

Any vacancy occurring on the board of directors must be filled by the board of directors for

the unexpired term of the vacancy. The board of directors may contract for and pay directors

rendering unusual or exceptional services to the association special compensation appropriate

to the value of those services.
N.D. Cent. Code § 4.1-20-14 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-14
4.1-20-14. Districts presumed to be organized legally - Copy of certificates as evidence
Status: in_force

4.1-20-14. Districts presumed to be organized legally - Copy of certificates as

evidence.

In any suit, action, or proceeding involving or relating to the validity or enforcement of any

contract, proceeding, or action of a district, the district is deemed to have been established in

accordance with the provisions of this chapter, upon proof of the issuance of the certificate of

organization by the secretary of state. A copy of the certificate, when duly certified by the

secretary of state, is admissible in evidence in any suit, action, or proceeding and is proof of the

filing and its contents.
N.D. Cent. Code § 4.1-27-08 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-08
4.1-27-08. Cease and desist authority
Status: in_force

4.1-27-08. Cease and desist authority

The commissioner may issue an order to cease and desist when, in the opinion of the

commissioner, any auction market within the state is taking or planning any action which is or

may be in violation of this chapter. If an order is granted, the commissioner shall conduct a

hearing within thirty days of the issuance of the order to determine whether the actions of the

person named in the order violated or would have violated this chapter. After the hearing, but

not later than forty-five days after the issuance of the order, the commissioner shall revoke the

order or make it permanent, as determined by the evidence.
N.D. Cent. Code § 41-08-12 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-12
41-08-12. (8-112) Creditor's legal process
Status: in_force

41-08-12. (8-112) Creditor's legal process

1. The interest of a debtor in a certificated security may be reached by a creditor only by

actual seizure of the security certificate by the officer making the attachment or levy,

except as otherwise provided in subsection 4. However, a certificated security for

which the certificate has been surrendered to the issuer may be reached by a creditor

by legal process upon the issuer.

2. The interest of a debtor in an uncertificated security may be reached by a creditor only

by legal process upon the issuer at its chief executive office in the United States,

except as otherwise provided in subsection 4.

3. The interest of a debtor in a security entitlement may be reached by a creditor only by

legal process upon the securities intermediary with whom the debtor's securities

account is maintained, except as otherwise provided in subsection 4.

4. The interest of a debtor in a certificated security for which the certificate is in the

possession of a secured party, or in an uncertificated security registered in the name of

a secured party, or a security entitlement maintained in the name of a secured party,

may be reached by a creditor by legal process upon the secured party.

5. A creditor whose debtor is the owner of a certificated security, uncertificated security,

or security entitlement is entitled to aid from a court of competent jurisdiction, by

injunction or otherwise, in reaching the certificated security, uncertificated security, or

security entitlement or in satisfying the claim by means allowed at law or in equity in

regard to property that cannot readily be reached by other legal process.
N.D. Cent. Code § 4.1-01-12 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-12
4.1-01-12. Commodity groups - Agriculture commissioner - Meetings
Status: in_force

4.1-01-12. Commodity groups - Agriculture commissioner - Meetings

1. The commissioner may participate, as a nonvoting member, in any regular or special

meeting of a commodity group, including any executive session held by a commodity

group.

2. Annually, the commissioner shall call a meeting of representatives from each

commodity group to engage in collaborative efforts to promote and market agricultural

commodities.

3. For purposes of this section, "commodity group" means the:

a. North Dakota barley council;

b. North Dakota beef commission;

c. North Dakota beekeepers association;

d. North Dakota corn utilization council;

e. North Dakota dairy promotion commission;

f. North Dakota dry bean council;

g. North Dakota dry pea and lentil council;

h. North Dakota oilseed council;

i. North Dakota potato council;

j. North Dakota soybean council;

k. North Dakota turkey federation; and

l. North Dakota wheat commission.
N.D. Cent. Code § 4.1-45-14 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-14
4.1-45-14. State fair operating fund - Continuing appropriation
Status: in_force

4.1-45-14. State fair operating fund - Continuing appropriation

A special fund for the North Dakota state fair association to be known as the state fair

operating fund must be maintained in the state treasury. All income, fees, rents, interest, and

any other moneys, from any source derived by the state fair association, must be deposited in

that fund for the use of the North Dakota state fair association. Moneys credited to the fund are

appropriated as a standing appropriation for the purposes provided in this chapter. The fund is

not subject to section 54-44.1-11.
N.D. Cent. Code § 4.1-11-15 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-15
4.1-11-15. Continuing appropriation - Use of council funds
Status: in_force

4.1-11-15. Continuing appropriation - Use of council funds

All moneys received under this chapter must be deposited in the soybean checkoff account

at the Bank of North Dakota. All moneys in the soybean checkoff account are appropriated on a

continuing basis to the council and may be used by the council for the payment of claims by the

council based on the obligations incurred in the performance of council activities, functions, and

purposes as provided in this chapter. The board shall segregate moneys in the soybean

checkoff account from all other moneys of the council.
N.D. Cent. Code § 41-04.1-28 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-28
41-04.1-28. (4A-403) Payment by sender to receiving bank
Status: in_force

41-04.1-28. (4A-403) Payment by sender to receiving bank

1. Payment of the sender's obligation under section 41-04.1-27 to pay the receiving bank

occurs as follows:

a. If the sender is a bank, payment occurs when the receiving bank receives final

settlement of the obligation through a federal reserve bank or through a

funds-transfer system.

b. If the sender is a bank and the sender credited an account of the receiving bank

with the sender or caused an account of the receiving bank in another bank to be

credited, payment occurs when the credit is withdrawn or, if not withdrawn, at

midnight of the day on which the credit is withdrawable and the receiving bank

learns of that fact.

c. If the receiving bank debits an account of the sender with the receiving bank,

payment occurs when the debit is made to the extent the debit is covered by a

withdrawable credit balance in the account.

2. If the sender and receiving bank are members of a funds-transfer system that nets

obligations multilaterally among participants, the receiving bank receives final

settlement when settlement is complete in accordance with the rules of the system.

The obligation of the sender to pay the amount of a payment order transmitted through

the funds-transfer system may be satisfied, to the extent permitted by the rules of the

system, by setting off and applying against the sender's obligation the right of the

sender to receive payment from the receiving bank of the amount of any other

payment order transmitted to the sender by the receiving bank through the

funds-transfer system. The aggregate balance of obligations owed by each sender to

each receiving bank in the funds-transfer system may be satisfied, to the extent

permitted by the rules of the system, by setting off and applying against that balance

the aggregate balance of obligations owed to the sender by other members of the

system. The aggregate balance is determined after the right of setoff stated in the

second sentence of this subsection has been exercised.

3. If two banks transmit payment orders to each other under an agreement that

settlement of the obligations of each bank to the other under section 41-04.1-27 will be

made at the end of the day or other period, the total amount owed with respect to all

orders transmitted by one bank shall be set off against the total amount owed with

respect to all orders transmitted by the other bank. To the extent of the setoff, each

bank has made payment to the other.

4. In a case not covered by subsection 1, the time when payment of the sender's

obligation under subsection 2 or 3 of section 41-04.1-27 occurs is governed by

applicable principles of law that determine when an obligation is satisfied.
N.D. Cent. Code § 4.1-20-36 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-36
4.1-20-36. Taking of testimony at hearing
Status: in_force

4.1-20-36. Taking of testimony at hearing

At the request of the board of supervisors, the testimony at a hearing conducted under

section 4.1-20-35 must be taken by a court reporter, by a stenographer, or by use of an

electronic recording device. The board of supervisors is responsible for the cost of taking

testimony.
N.D. Cent. Code § 4.1-27-11 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-11
4.1-27-11. Scales maintained by auction market to be inspected
Status: in_force

4.1-27-11. Scales maintained by auction market to be inspected

All scales used in the operation of a livestock auction market must be tested and inspected

by the department of weights and measures as provided by law. All livestock sold by weight

must be weighed on such scales, and the purchaser and seller of the livestock must be

furnished with a true and correct statement of the weight.
N.D. Cent. Code § 41-07-32 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-32
41-07-32. (7-503) Document of title to goods defeated in certain cases
Status: in_force

41-07-32. (7-503) Document of title to goods defeated in certain cases

1. A document of title confers no right in goods against a person that before issuance of

the document had a legal interest or a perfected security interest in the goods and that

did not:

a. Deliver or entrust the goods or any document of title covering the goods to the

bailor or the bailor's nominee with:

(1) Actual or apparent authority to ship, store, or sell;

(2) Power to obtain delivery under section 41-07-28; or

(3) Power of disposition under section 41-02-48, subsection 2 of section

41-02.1-34, subsection 2 of section 41-02.1-35, section 41-09-40,

subsection 3 of section 41-09-41, or other statute or rule of law; or

b. Acquiesce in the procurement by the bailor or its nominee of any document.

2. Title to goods based upon an unaccepted delivery order is subject to the rights of any

person to which a negotiable warehouse receipt or bill of lading covering the goods

has been duly negotiated. That title may be defeated under section 41-07-34 to the

same extent as the rights of the issuer or a transferee from the issuer.

3. Title to goods based upon a bill of lading issued to a freight forwarder is subject to the

rights of any person to which a bill issued by the freight forwarder is duly negotiated.

However, delivery by the carrier in accordance with part 4 pursuant to its own bill of

lading discharges the carrier's obligation to deliver.
N.D. Cent. Code § 41-02-49 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-49
41-02-49. (2-501) Insurable interest in goods - Manner of identification of goods
Status: in_force

41-02-49. (2-501) Insurable interest in goods - Manner of identification of goods

1. The buyer obtains a special property and an insurable interest in goods by

identification of existing goods as goods to which the contract refers even though the

goods so identified are nonconforming and the buyer has an option to return or reject

them. Such identification can be made at any time and in any manner explicitly agreed

to by the parties. In the absence of explicit agreement, identification occurs:

a. When the contract is made if it is for the sale of goods already existing and

identified.

b. If the contract is for the sale of future goods other than those described in

subdivision c, when goods are shipped, marked, or otherwise designated by the

seller as goods to which the contract refers.

c. When the crops are planted or otherwise become growing crops or the young are

conceived if the contract is for the sale of unborn young to be born within twelve

months after contracting or for the sale of crops to be harvested within twelve

months or the next normal harvest season after contracting, whichever is longer.

2. The seller retains an insurable interest in goods so long as title to or any security

interest in the goods remains in the seller and, if the identification is by the seller

alone, the seller may, until default or insolvency or notification to the buyer that the

identification is final, substitute other goods for those identified.

3. Nothing in this section impairs any insurable interest recognized under any other

statute or rule of law.
N.D. Cent. Code § 4.1-06-19 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-19
4.1-06-19. Advisory referendum
Status: in_force

4.1-06-19. Advisory referendum

1. a. When petitioned to do so by fifteen percent of the participating producers, the

council shall conduct a referendum among the participating producers of the state

to determine the amount by which the assessment imposed by this chapter

should be raised or lowered.

b. To be considered a valid petition, no more than fifty percent of the participating

producers who signed the petition may reside in one district.

2. The council shall prepare the ballots and mail the ballots to each participating producer

at least thirty days before the last date for filing ballots.

3. Each ballot must include a statement indicating:

a. The date on which the petition was filed and the number of signatures on the

petition;

b. The date, time, and location at which the council will open and tabulate the

ballots;

c. The last date by which the ballots must be postmarked or filed with the council;

and

d. That any participating producer may be present at the time the ballots are opened

and tabulated.

4. The date selected by the council for the opening and tabulation of ballots must be at

least five days after the date by which ballots must be postmarked or filed with the

council.

5. If the majority of the participating producers voting upon the question are in favor of

the proposed change, the council shall submit a bill to the next legislative assembly to

amend this chapter.
N.D. Cent. Code § 4.1-04-15 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-15
4.1-04-15. Submission of assessments - Civil penalty
Status: in_force

4.1-04-15. Submission of assessments - Civil penalty

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

designated handler within thirty days 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 assessment due, plus interest at

the rate of twelve percent per annum from the due date.
N.D. Cent. Code § 41-11-03 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-03
41-11-03. (A-201) Saving clause
Status: in_force

41-11-03. (A-201) Saving clause

Except as provided in sections 41-11-04 through 41-11-09, a transaction validly entered

before August 1, 2023, and the rights, duties, and interests flowing from the transaction remain

valid thereafter and may be terminated, completed, consummated, or enforced as required or

permitted by law other than this title or, if applicable, this title, as though this Act had not taken

effect.
N.D. Cent. Code § 41-04-37 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-37
41-04-37. (4-406) Customer's duty to discover and report unauthorized signature or alteration
Status: in_force

41-04-37. (4-406) Customer's duty to discover and report unauthorized signature or

alteration.

1. A bank that sends or makes available to a customer a statement of account showing

payment of items for the account shall either return or make available to the customer

the items paid or provide information in the statement of account sufficient to allow the

customer to identify the items paid. The statement of account provides sufficient

information if the item is described by item number, amount, and date of payment.

2. If the items are not returned to the customer, the person retaining the items shall either

retain the items or, if the items are destroyed, maintain the capacity to furnish legible

copies of the items until the expiration of seven years after receipt of the items. A

customer may request an item from the bank that paid the item, and that bank must

provide in a reasonable time either the item or, if the item has been destroyed or is not

otherwise obtainable, a legible copy of the item.

3. If a bank sends or makes available a statement of account or items under

subsection 1, the customer shall exercise reasonable promptness in examining the

statement or the items to determine whether any payment was not authorized because

of an alteration of an item or because a purported signature by or on behalf of the

customer was not authorized. If, based on the statement or items provided, the

customer should reasonably have discovered the unauthorized payment, the customer

has a duty to give prompt notification to the bank of the relevant facts.

4. If the bank proves that the customer failed with respect to an item to comply with the

duties imposed on the customer by subsection 3, the customer is precluded from

asserting against the bank:

a. The customer's unauthorized signature or any alteration on the item if the bank

also proves that it suffered a loss by reason of that failure.

b. The customer's unauthorized signature or alteration by the same wrongdoer on

any other item paid in good faith by the bank if the payment was made before the

bank received notification from the customer of the unauthorized signature or

alteration and after the customer had been afforded a reasonable period of time

not exceeding thirty days in which to examine the item or statement of account

and notify the bank.

5. If subsection 4 applies and the customer proves that the bank failed to exercise

ordinary care in paying the item and that the failure substantially contributed to loss,

the loss is allocated between the customer precluded and the bank asserting the

preclusion to the extent that the failure of each to exercise ordinary care contributed to

the loss. If the customer proves that the bank did not pay the item in good faith, the

preclusion under subsection 4 does not apply.

6. Without regard to care or lack of care of either the customer or the bank, a customer

who does not within one year from the time the statement or items are made available

to the customer under subsection 1 discover and report the customer's unauthorized

signature or any alteration is precluded from asserting against the bank such

unauthorized signature or alteration. If there is a preclusion under this subsection, the

payor bank may not recover for breach of warranty under section 41-04-20 with

respect to the unauthorized signature or alteration to which the preclusion applies.
N.D. Cent. Code § 41-09-107 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-107
41-09-107. (9-610) Disposition of collateral after default
Status: in_force

41-09-107. (9-610) Disposition of collateral after default

1. After default, a secured party may sell, lease, license, or otherwise dispose of any or

all of the collateral in its present condition or following any commercially reasonable

preparation or processing.

2. Every aspect of a disposition of collateral, including the method, manner, time, place,

and other terms, must be commercially reasonable. If commercially reasonable, a

secured party may dispose of collateral by public or private proceedings, by one or

more contracts, as a unit or in parcels, and at any time and place and on any terms.

3. A secured party may purchase collateral:

a. At a public disposition; or

b. At a private disposition only if the collateral is of a kind that is customarily sold on

a recognized market or the subject of widely distributed standard price

quotations.

4. A contract for sale, lease, license, or other disposition includes the warranties relating

to title, possession, quiet enjoyment, and the like which by operation of law

accompany a voluntary disposition of property of the kind subject to the contract.

5. A secured party may disclaim or modify warranties under subsection 4:

a. In a manner that would be effective to disclaim or modify the warranties in a

voluntary disposition of property of the kind subject to the contract of disposition;

or

b. By communicating to the purchaser a record evidencing the contract for

disposition and including an express disclaimer or modification of the warranties.

6. A record is sufficient to disclaim warranties under subsection 5 if it indicates "there is

no warranty relating to title, possession, quiet enjoyment, or the like in this disposition"

or uses words of similar import.
N.D. Cent. Code § 4.1-05-10 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-10
4.1-05-10. Record retention
Status: in_force

4.1-05-10. Record retention

Any person responsible for the collection and submission of assessments under this

chapter shall keep a record of all gross receipts subject to the assessment. These records must

be retained for a period of three years from the date of the transaction and are subject to

inspection by the commission.
N.D. Cent. Code § 4.1-59-22 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-22
4.1-59-22. Trust fund established - Trustee
Status: in_force

4.1-59-22. Trust fund established - Trustee

1. Upon the insolvency of a licensee, a trust fund must be established for the benefit of

noncredit-sale receiptholders and to pay the costs incurred by the commissioner in the

administration of the insolvency. The trust fund consists of the following:

a. Nonwarehouse receipt grain of the insolvent licensee held in storage or the

proceeds obtained from the conversion of the grain.

b. The proceeds, including accounts receivable, from any grain sold from the time of

the filing of the claim that precipitated an insolvency until the commissioner is

appointed trustee must be remitted to the commissioner and included in the trust

fund.

c. The proceeds of insurance policies on destroyed grain.

d. The claims for relief, and proceeds from the claims for relief, for damages upon

bond given by the licensee to ensure faithful performance of the duties of a

licensee.

e. The claim for relief, and proceeds from the claim for relief, for the conversion of

any grain stored in the warehouse.

f. Unencumbered accounts receivable for grain sold before the filing of the claim

that precipitated an insolvency.

g. Unencumbered equity in grain hedging accounts.

h. Unencumbered grain product assets.

2. Upon the insolvency of a grain buyer, the commissioner shall act as trustee of the trust

fund.

3. All funds received by the commissioner as trustee must be deposited in the Bank of

North Dakota.
N.D. Cent. Code § 41-02-28 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-28
41-02-28. (2-311) Options and cooperation respecting performance
Status: in_force

41-02-28. (2-311) Options and cooperation respecting performance

1. An agreement for sale which is otherwise sufficiently definite (subsection 3 of section

41-02-11) to be a contract is not made invalid by the fact that it leaves particulars of

performance to be specified by one of the parties. Any such specification must be

made in good faith and within limits set by commercial reasonableness.

2. Unless otherwise agreed, specifications relating to assortment of the goods are at the

buyer's option and except as otherwise provided in subdivision c of subsection 1 and

subsection 3 of section 41-02-36 specifications or arrangements relating to shipment

are at the seller's option.

3. If such specification would materially affect the other party's performance but is not

seasonably made or if one party's cooperation is necessary to the agreed performance

of the other but is not seasonably forthcoming, the other party in addition to all other

remedies:

a. Is excused for any resulting delay in that party's own performance; and

b. May also either proceed to perform in any reasonable manner or after the time for

a material part of that party's own performance treat the failure to specify or to

cooperate as a breach by failure to deliver or accept the goods.
N.D. Cent. Code § 41-07-07 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-07
41-07-07. (7-201) Person that may issue a warehouse receipt - Storage under bond
Status: in_force

41-07-07. (7-201) Person that may issue a warehouse receipt - Storage under bond

1. A warehouse receipt may be issued by any warehouse.

2. If goods, including distilled spirits and agricultural commodities, are stored under a

statute requiring a bond against withdrawal or a license for the issuance of receipts in

the nature of warehouse receipts, a receipt issued for the goods is deemed to be a

warehouse receipt even if issued by a person that is the owner of the goods and is not

a warehouse.
N.D. Cent. Code § 4.1-28-04 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-04
4.1-28-04. Use of fees - Grounds for refusal or revocation of license - Review by court
Status: repealed

4.1-28-04. Use of fees - Grounds for refusal or revocation of license - Review by court

Repealed by S.L. 2025, ch. 84, § 2.
N.D. Cent. Code § 41-03-09 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-09
41-03-09. (3-109) Payable to bearer or to order
Status: in_force

41-03-09. (3-109) Payable to bearer or to order

1. A promise or order is payable to bearer if it meets any of the following conditions:

a. States that it is payable to bearer or to the order of bearer or otherwise indicates

that the person in possession of the promise or order is entitled to payment.

b. Does not state a payee.

c. States that it is payable to or to the order of cash or otherwise indicates that it is

not payable to an identified person.

2. A promise or order that is not payable to bearer is payable to order if it is payable to

the order of an identified person or to an identified person or order. A promise or order

that is payable to order is payable to the identified person.

3. An instrument payable to bearer may become payable to an identified person if it is

specially endorsed as stated in subsection 1 of section 41-03-24. An instrument

payable to an identified person may become payable to bearer if it is endorsed in

blank as stated in subsection 2 of section 41-03-24.
N.D. Cent. Code § 41-02-104 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-104
41-02-104. (2-725) Statute of limitations in contracts for sale
Status: in_force

41-02-104. (2-725) Statute of limitations in contracts for sale

1. An action for breach of any contract for sale must be commenced within four years

after the claim for relief has accrued. By the original agreement the parties may reduce

the period of limitation to not less than one year but may not extend it.

2. A claim for relief accrues when the breach occurs, regardless of the aggrieved party's

lack of knowledge of the breach. A breach of warranty occurs when tender of delivery

is made, except that if a warranty explicitly extends to future performance of the goods

and discovery of the breach must await the time of such performance the claim for

relief accrues when the breach is or should have been discovered.

3. When an action commenced within the time limited by subsection 1 is so terminated

as to leave available a remedy by another action for the same breach, such other

action may be commenced after the expiration of the time limited and within six

months after the termination of the first action unless the termination resulted from

voluntary discontinuance or from dismissal for failure or neglect to prosecute.

4. This section does not alter the law on tolling of the statute of limitations nor does it

apply to claims for relief which have accrued before this title becomes effective.
N.D. Cent. Code § 4.1-02-18 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-18
4.1-02-18. Expenditure of funds
Status: in_force

4.1-02-18. 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 § 4.1-10-15 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-15
4.1-10-15. Continuing appropriation
Status: in_force

4.1-10-15. Continuing appropriation

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

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

to the council for purposes of carrying out this chapter.
N.D. Cent. Code § 4.1-18.1-02 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-02
4.1-18.1-02. Hemp - Licensure
Status: in_force

4.1-18.1-02. Hemp - Licensure

Any person desiring to grow or process hemp shall apply to the agriculture commissioner

for a license on a form prescribed by the commissioner. A license must be obtained before a

person purchases or obtains hemp material for planting or propagation. The applicant is

responsible for anyone working under the applicant's license for all sections of this chapter.

1. The application for a license must include the name and address of the applicant, and

the legal description of the land area to be used to produce or process hemp.

2. The commissioner shall require each applicant for initial licensure to submit to a

statewide and nationwide criminal history record check. The nationwide criminal

history record check must be conducted in the manner provided in section 12-60-24.

All costs associated with the criminal history record check are the responsibility of the

applicant.

3. Criminal history records provided to the commissioner under this section are

confidential. The commissioner may use the records only in determining an applicant's

eligibility for licensure.

4. The commissioner shall deny licensure to any person convicted of a felony relating to

a controlled substance under state or federal law in the last ten years.

5. If the applicant has completed the application process to the satisfaction of the

commissioner, the commissioner shall issue the license. A license issued under this

chapter expires December thirty-first.

6. An application for a license under this subsection may be submitted to the

commissioner anytime before the purchase of hemp seed or viable propagation

material.
N.D. Cent. Code § 4.1-07-13 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-13
4.1-07-13. Collection of assessment - Records
Status: in_force

4.1-07-13. Collection of assessment - Records

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

assessment from the net purchase price of the dry peas and lentils being purchased

by the first purchaser.

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

shipments of dry peas and lentils for a period of three years. The records may be

examined by the council upon request.

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

a report with the council stating, in individual and total amounts, the quantity and

source of all dry peas and lentils that the first purchaser received, sold, or shipped.
N.D. Cent. Code § 4.1-53-28 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-28
4.1-53-28. Flower seed - Label requirements
Status: in_force

4.1-53-28. Flower seed - Label requirements

1. Each container of flower seed offered for sale or sold in this state, for planting

purposes, must be labeled.

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

to the container.
N.D. Cent. Code § 4.1-53-13 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-13
4.1-53-13. Agricultural seed - Label - Content
Status: in_force

4.1-53-13. Agricultural seed - Label - Content

A label required by section 4.1-53-12 must include:

1. The lot number or other lot identification;

2. a. The state or foreign country in which the seed was grown; or

b. A statement indicating that the origin of the seed is unknown;

3. The percentage by weight of all weed seed;

4. The name of each restricted weed seed present and its rate of occurrence per pound

[453.59 grams], if:

a. In seeds of grasses and small seeded legumes, the rate of occurrence exceeds

thirteen seeds per pound [453.59 grams]; or

b. In any other agricultural seeds, the rate of occurrence exceeds five seeds per

pound [453.59 grams];

5. The percentage by weight of any other agricultural seeds present;

6. The percentage by weight of inert matter;

7. a. The percentage of germination, exclusive of hard or dormant seed;

b. The percentage of hard or dormant seed, if applicable; and

c. The month and year in which the percentages were determined; and

8. The full name and address of the labeler.
N.D. Cent. Code § 4.1-40.1-05 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-05
4.1-40.1-05. Inspection fee
Status: in_force

4.1-40.1-05. Inspection fee

1. An inspection fee of ten dollars or twenty cents per ton [907.18 kilograms], whichever

is greater, must be paid to the commissioner on a beneficial substance distributed in

this state.

2. This subsection does not apply to:

a. Exchanges of product between a manufacturer and distributor; or

b. An individual beneficial substance sold exclusively in a package of ten pounds

[4.54 kilograms] or less.

3. On or before January thirty-first, each licensed person that distributes a beneficial

substance in this state shall:

a. File with the commissioner a form stating the number of net tons [kilograms] of

each listed product distributed in this state during the preceding calendar year;

and

b. Submit to the commissioner the inspection fee required by this section.

4. If a person fails to submit an inspection fee, at the time and in the manner required by

this section, the commissioner may impose a penalty of ten dollars or ten percent of

the amount due, whichever is greater. The requirements of subsection 3 apply only to

the last licensed person to handle the same lot of a beneficial substance.

5. Each distributor shall keep records regarding purchases and sales for three years. The

records may be examined by the commissioner upon request.

6. The commissioner shall forward all fees received under this section to the state

treasurer for deposit in the environment and rangeland protection fund.
N.D. Cent. Code § 41-02-16 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-16
41-02-16. (2-209) Modification, rescission, and waiver
Status: in_force

41-02-16. (2-209) Modification, rescission, and waiver

1. An agreement modifying a contract within this chapter needs no consideration to be

binding.

2. A signed agreement that excludes modification or rescission except by a signed writing

or other signed record cannot be otherwise modified or rescinded, but except as

between merchants such a requirement on a form supplied by the merchant must be

separately signed by the other party.

3. The requirements of the statute of frauds section of this chapter (section 41-02-08)

must be satisfied if the contract as modified is within its provisions.

4. Although an attempt at modification or rescission does not satisfy the requirements of

subsection 2 or 3, it can operate as a waiver.

5. A party who has made a waiver affecting an executory portion of the contract may

retract the waiver by reasonable notification received by the other party that strict

performance will be required of any term waived, unless the retraction would be unjust

in view of a material change of position in reliance on the waiver.
N.D. Cent. Code § 4.1-75-07 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-07
4.1-75-07. List of estrays - Publication - Proof of ownership
Status: in_force

4.1-75-07. List of estrays - Publication - Proof of ownership

1. Each December, the North Dakota stockmen's association shall publish at least twice

in the official newspaper of each county, a list of all estrays found in the county and for

which the association received sale proceeds during the preceding twelve months.

2. The association shall maintain and make available on its website an updated list of all

estrays for which the association received sale proceeds during the preceding

seventy-two months.

3. If a person demonstrates ownership of an estray to the satisfaction of the chief brand

inspector within seventy-two months of the date on which the proceeds of its sale were

distributed to the North Dakota stockmen's association, the association shall return to

the owner the amount it received but shall retain any income earned on the amount.
N.D. Cent. Code § 41-07-18 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-18
41-07-18. (7-302) Through bills of lading and similar documents of title
Status: in_force

41-07-18. (7-302) Through bills of lading and similar documents of title

1. The issuer of a through bill of lading, or other document of title embodying an

undertaking to be performed in part by a person acting as its agent or by a performing

carrier, is liable to any person entitled to recover on the bill or other document for any

breach by the other person or the performing carrier of its obligation under the bill or

other document. However, to the extent that the bill or other document covers an

undertaking to be performed overseas or in territory not contiguous to the continental

United States or an undertaking, including matters other than transportation, this

liability for breach by the other person or the performing carrier may be varied by

agreement of the parties.

2. If goods covered by a through bill of lading or other document of title embodying an

undertaking to be performed in part by a person other than the issuer are received by

that person, the person is subject, with respect to its own performance while the goods

are in its possession, to the obligation of the issuer. The person's obligation is

discharged by delivery of the goods to another person pursuant to the bill or other

document and does not include liability for breach by any other person or by the

issuer.

3. The issuer of a through bill of lading or other document of title described in

subsection 1 is entitled to recover from the performing carrier, or other person in

possession of the goods when the breach of the obligation under the bill or other

document occurred:

a. The amount it may be required to pay to any person entitled to recover on the bill

or other document for the breach, as may be evidenced by any receipt, judgment,

or transcript of judgment; and

b. The amount of any expense reasonably incurred by the issuer in defending any

action commenced by any person entitled to recover on the bill or other document

for the breach.
N.D. Cent. Code § 4.1-09-05 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-05
4.1-09-05. Election of county representative - Sunflower producers - Waiver
Status: in_force

4.1-09-05. Election of county representative - Sunflower producers - Waiver

1. a. No later than March first of the year in which the term of a council member who

represents a sunflower district is to expire, the extension agent for each county in

that member's district shall hold a meeting of sunflower producers for the purpose

of electing a county representative.

b. The council shall publish notice of the meeting in the official newspaper of the

county for two consecutive weeks. The last notice must be published no fewer

than five nor more than ten days before the meeting.

c. The meeting must be held within the county.

d. During the meeting, the county extension agent shall conduct the election.

e. Any participating sunflower producer who resides in the county may vote in the

election.

f. The county extension agent shall canvass the votes, notify the director of the

North Dakota state university extension service and the council that the election

has taken place, and provide to the director and the council the name and

address of the newly elected county representative.

2. Subsection 1 does not apply if the county extension agent, in consultation with the

executive director of the county farm service agency office, determines and notifies the

council that no sunflower producers willing to serve as county representatives reside

within the county.
N.D. Cent. Code § 4.1-72-05 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-05
4.1-72-05. Premises identification program - Administration
Status: in_force

4.1-72-05. Premises identification program - Administration

The North Dakota stockmen's association shall serve as a state administrator and allocator

for that portion of any federally sponsored premises identification program which pertains to

cattle, horses, and mules.
N.D. Cent. Code § 4.1-52-02 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-02
4.1-52-02. Seed department - Official seal
Status: in_force

4.1-52-02. Seed department - Official seal

The seed department shall use an official departmental seal that has been recorded in the

office of the secretary of state.
N.D. Cent. Code § 4.1-34-10 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-10
4.1-34-10. Minimum-risk pesticide exemption
Status: in_force

4.1-34-10. Minimum-risk pesticide exemption

1. Section 4.1-34-02 does not apply to any person who distributes, sells, or offers for sale

within this state or delivers for transportation or transports in intrastate commerce or

between points within this state through any point outside this state a minimum-risk

pesticide exempt from registration under the federal Act, provided the person has

obtained a certificate of exemption from the commissioner.

2. To obtain a certificate of exemption for a minimum-risk pesticide, a person shall file an

application with the commissioner. The application must include:

a. The name and address of the product's manufacturer or distributor;

b. The name and brand name of the product;

c. A current label for the product; and

d. A fee equal in amount to the fee set under section 4.1-34-03 for the registration of

a pesticide.

3. The commissioner shall remit any fees collected under this section to the state

treasurer for deposit in the environment and rangeland protection fund.

4. Each exemption from registration covers a designated two-year period beginning

January first of each even-numbered year and expiring December thirty-first of the

following year.
N.D. Cent. Code § 41-09-38 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-38
41-09-38. (9-318) No interest retained in right to payment that is sold - Rights and title of seller of account or chattel paper with respect to creditors and purchasers
Status: in_force

41-09-38. (9-318) No interest retained in right to payment that is sold - Rights and title

of seller of account or chattel paper with respect to creditors and purchasers.

1. A debtor that has sold an account, chattel paper, payment intangible, or promissory

note does not retain a legal or equitable interest in the collateral sold.

2. For purposes of determining the rights of creditors of, and purchasers for value of an

account or chattel paper from, a debtor that has sold an account or chattel paper, while

the buyer's security interest is unperfected, the debtor is deemed to have rights and

title to the account or chattel paper identical to those the debtor sold.
N.D. Cent. Code § 4.1-31-01 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-01
4.1-31-01. Definitions
Status: in_force

4.1-31-01. Definitions

1. "Adulterated" means a carcass or meat food product:

a. That includes a poisonous or harmful substance that may render it injurious to

health;

b. That includes a chemical pesticide that is unsafe under the Federal Food, Drug,

and Cosmetic Act [21 U.S.C. 301 et seq.];

c. That includes a food or color additive that is unsafe under the Federal Food,

Drug, and Cosmetic Act [21 U.S.C. 301 et seq.];

d. That includes a filthy, putrid, or decomposed substance or is for any other reason

unfit for human food;

e. That has been prepared, packed, or held under unsanitary conditions;

f. That includes the product of an animal that has died in a manner other than

slaughter or includes the product of an animal condemned by reason of disease

that existed at the time of slaughter;

g. The container of which includes a poisonous or harmful substance that may make

the contents harmful to health;

h. That has been intentionally subjected to radiation, unless the use of the radiation

conformed with a regulation or exemption in effect under the Federal Food, Drug,

and Cosmetic Act [21 U.S.C. 301 et seq.];

i. That is damaged or inferior and that damage or inferiority has been concealed; or

j. That has had a substance added to it or mixed or packed with it so as to increase

its bulk or weight, or make it appear better or of greater value than it is.

2. "Animal" includes cattle, swine, sheep, goats, farmed cervidae, llama, horses, equines,

bison, other large domesticated animals, domesticated rabbits, and poultry.

3. "Carcass" includes all or any part of an animal carcass.

4. "Container" means a receptacle of a meat food product.

5. "Custom exempt establishment" means an establishment as determined by the

commissioner where slaughter and processing activities of an animal carcass or meat

food products are done as a service for only the owner of the animal and the meat is

returned to the owner for personal use.

6. "Custom processing" means slaughtering, eviscerating, dressing, or processing an

animal carcass or meat food products for the owner of the animal carcass or the meat

food products, if all meat food products derived from the custom processing are

returned to that owner.

7. "Inspector" means an inspector appointed by the commissioner to perform duties

under this chapter.

8. "Intrastate commerce" means commerce within this state.

9. "Meat" means the edible flesh of an animal born and harvested for the purpose of

human consumption.

10 "Meat food product" means a product usable as human food which contains any part

of a carcass from an animal born and harvested for the purpose of human

consumption. The term does not include any product that contains any part of an

animal carcass in a relatively small proportion or which historically has not been

considered by consumers as a product of the meat food industry, and which is not

represented as a meat food product.

11. "Official establishment" means an establishment as determined by the commissioner

at which state inspection of the slaughter of livestock or poultry or the processing of

meat or meat food products for human consumption is maintained under the authority

of this chapter, but does not include:

a. Establishments subject to federal inspection.

b. Custom exempt establishments.

12. "Poultry" includes domesticated fowl bred for the primary purpose of producing eggs or

meat, or both, including chickens, turkeys, ostriches, emus, rheas, cassowaries,

waterfowl, and game birds, but excluding doves and pigeons.

13. "Prepared" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise

manufactured or processed.
N.D. Cent. Code § 41-09-41 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-41
41-09-41. (9-321) Licensee of general intangible and lessee of goods in ordinary course of business
Status: in_force

41-09-41. (9-321) Licensee of general intangible and lessee of goods in ordinary

course of business.

1. In this section, "licensee in ordinary course of business" means a person that becomes

a licensee of a general intangible in good faith, without knowledge that the license

violates the rights of another person in the general intangible, and in the ordinary

course from a person in the business of licensing general intangibles of that kind. A

person becomes a licensee in the ordinary course if the license to the person

comports with the usual or customary practices in the kind of business in which the

licensor is engaged or with the licensor's own usual or customary practices.

2. A licensee in ordinary course of business takes its rights under a nonexclusive license

free of a security interest in the general intangible created by the licensor, even if the

security interest is perfected and the licensee knows of its existence.

3. A lessee in ordinary course of business takes its leasehold interest free of a security

interest in the goods created by the lessor, even if the security interest is perfected and

the lessee knows of its existence.
N.D. Cent. Code § 4.1-13-13 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-13
4.1-13-13. Commission - Powers
Status: in_force

4.1-13-13. Commission - Powers

1. The commission 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 commission may not engage in a commercial business enterprise.
N.D. Cent. Code § 4.1-58-07 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-07
4.1-58-07. Public warehouse license - Financial criteria to be met
Status: in_force

4.1-58-07. Public warehouse license - Financial criteria to be met

1. To be eligible to receive an annual public warehouse license, an applicant shall submit

financial documentation to the commissioner verifying the applicant has satisfactory

net worth and working capital, as determined by the commissioner.

2. A licensed public warehouseman or an applicant for initial licensure shall report

balance sheets and income statements to the commissioner annually on written

application for initial licensure or license renewal if the applicant purchased up to

ten million dollars worth of grain during the previous licensing period, or intends to

purchase up to ten million dollars worth of grain during the first year of operation.

3. As a condition of licensure, an applicant shall provide the commissioner, upon request,

any financial record or bank verification release the commissioner deems relevant for

the purpose of verifying the financial information of an applicant pursuant to the

requirements of this section.

4. As a condition of licensure, a new applicant must:

a. Pass a background check;

b. Have a satisfactory credit score, as determined by the commissioner; and

c. Be a responsible person with a good business reputation, as determined by the

commissioner, that:

(1) Is in the public warehouse business;

(2) Has knowledge of, and experience with, generally accepted grain

warehousing and handling practices;

(3) Is competent and willing to operate a public warehouse in accordance with

state and federal regulations; and

(4) Has not committed fraud or a criminal offense indicating a lack of business

integrity or honesty that undermines the person's responsibility as a

warehouse operator.
N.D. Cent. Code § 4.1-20-15 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-15
4.1-20-15. Notice to file nominating petitions and of election of district supervisors
Status: in_force

4.1-20-15. Notice to file nominating petitions and of election of district supervisors

As soon as practicable after the issuance by the secretary of state of the certificate of

organization of a soil conservation district, and before the next general election, the committee

shall give notice that nominating petitions may be filed with the county auditor, and that at the

next general election held in the district three supervisors must be elected, who must be land

occupiers of the district and who constitute the governing body of the district.
N.D. Cent. Code § 4.1-73-16 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-16
4.1-73-16. Use of unrecorded brand - Penalty
Status: in_force

4.1-73-16. Use of unrecorded brand - Penalty

A person is guilty of a class B misdemeanor if the person places upon an animal a brand

that has not been recorded in accordance with this chapter.
N.D. Cent. Code § 4.1-33-21 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-21
4.1-33-21. Enforcement
Status: in_force

4.1-33-21. Enforcement

1. The commissioner shall enforce the requirements of this chapter and any rules

adopted under this chapter.

2. The commissioner may bring an action to enjoin the violation or threatened violation of

this chapter, or any rule adopted under this chapter, in the district court of the county in

which the violation occurs or is about to occur.

3. If any person violates this chapter, the commissioner may issue an order requiring the

person to cease and desist from the unlawful activity. If the violator fails to obey, the

commissioner shall cause the appropriate criminal complaint to be filed.

4. The commissioner may enter upon any public or private premises at reasonable times,

to:

a. Inspect any equipment subject to this chapter and the premises on which the

equipment is stored or used.

b. Inspect or sample lands actually or reported to be exposed to pesticides.

c. Inspect storage or disposal areas.

d. Inspect or investigate complaints of injury to humans or land.

e. Draw samples of a reasonable amount of tank mix pesticides and tank mixes

without compensation to the owner for values less than three dollars.

f. Observe the use and application of a pesticide.

g. Inspect any place where pesticides or devices are stored or held for distribution,

sale, or use, and obtain samples of any pesticides packaged, labeled, and

released for shipment and samples of any containers or labeling for the

pesticides.

5. a. At any reasonable time, the commissioner may access records pertaining to the

pesticide application, sales, purchases, and repackaging by any person. The

commissioner may copy or make copies of the records for the purpose of this

chapter. These records are confidential. However, the commissioner may use

these records in any way to enforce this chapter. Any record the commissioner

uses as an exhibit in an enforcement action is no longer a confidential record.

b. If an individual alleges exposure to pesticides and if the individual's medical

provider requests that the commissioner reveal the name of the pesticide, the

commissioner may reveal the name of the pesticide to the individual making the

request, together with the registration number assigned by the United States

environmental protection agency. The commissioner may require a request under

this section be made in writing.

6. If access is refused or if the commissioner determines critical enforcement

documentation may be lost, the commissioner may apply to any court for a search

warrant authorizing access to land or records. Upon compliance with chapter 29-29.1,

the court may issue the search warrant for the purposes requested.

7. The commissioner may suspend or revoke a certification issued under this chapter for

failure to pay a civil penalty within thirty days after a final determination is made that

the civil penalty is owed.
N.D. Cent. Code § 41-02.1-69 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-69
41-02.1-69. (2A-521) Lessee's right to specific performance or replevin
Status: in_force

41-02.1-69. (2A-521) Lessee's right to specific performance or replevin

1. Specific performance may be decreed if the goods are unique or in other proper

circumstances.

2. A decree for specific performance may include any terms and conditions as to

payment of the rent, damages, or other relief that the court deems just.

3. A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like

for goods identified to the lease contract if after reasonable effort the lessee is unable

to effect cover for those goods or the circumstances reasonably indicate that the effort

will be unavailing.
N.D. Cent. Code § 4.1-13-02 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-02
4.1-13-02. Wheat districts - Establishment
Status: in_force

4.1-13-02. Wheat districts - Establishment

The state consists of the following six wheat districts:

1. Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton,

Oliver, Sioux, Slope, and Stark Counties;

2. Burke, Divide, McKenzie, Mountrail, Renville, Ward, and Williams Counties;

3. Burleigh, Eddy, Emmons, Foster, Kidder, Logan, McIntosh, McLean, Sheridan,

Stutsman, and Wells Counties;

4. Benson, Bottineau, McHenry, Pierce, Ramsey, Rolette, and Towner Counties;

5. Barnes, Cass, Dickey, Griggs, LaMoure, Ransom, Richland, Sargent, Steele, and Traill

Counties; and

6. Cavalier, Grand Forks, Nelson, Pembina, and Walsh Counties.
N.D. Cent. Code § 41-01-22 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-22
41-01-22. (1-308) Performance or acceptance under reservation of rights
Status: reserved

41-01-22. (1-308) Performance or acceptance under reservation of rights

1. A party that with explicit reservation of rights performs or promises performance or

assents to performance in a manner demanded or offered by the other party does not

thereby prejudice the rights reserved. Such words as "without prejudice", "under

protest", or the like are sufficient.

2. Subsection 1 does not apply to an accord and satisfaction.
N.D. Cent. Code § 41-02.1-70 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-70
41-02.1-70. (2A-522) Lessee's right to goods on lessor's insolvency
Status: in_force

41-02.1-70. (2A-522) Lessee's right to goods on lessor's insolvency

1. Subject to subsection 2 and even though the goods have not been shipped, a lessee

who has paid a part or all of the rent and security for goods identified to a lease

contract (section 41-02.1-26) on making and keeping good a tender of any unpaid

portion of the rent and security due under the lease contract may recover the goods

identified to a lease contract only if they conform to the lease contract.

2. A lessee acquires the right to recover goods identified to a lease contract only if they

conform to the lease contract.
N.D. Cent. Code § 4.1-41-02 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-02
4.1-41-02. Manufacturer's license - Retailer's license
Status: in_force

4.1-41-02. Manufacturer's license - Retailer's license

1. a. A person shall obtain a commercial feed manufacturer's license for each facility at

which the person manufactures commercial feed if the person distributes the feed

within this state.

b. A person shall obtain a commercial feed manufacturer's license if the person's

name appears on the label of a commercial feed as a guarantor.

c. This subsection does not apply to a person that manufactures or guarantees pet

food or specialty pet food.

2. A person shall obtain a commercial feed retailer's license for each facility at which the

person sells commercial feed other than pet food or specialty pet food. This subsection

does not apply to a person licensed as a commercial feed manufacturer. To obtain an

initial license required by this section, a person shall submit an application form at the

time and in the manner required by the commissioner and:

a. If the person is applying for a manufacturer's license, a fee in the amount of one

hundred twenty dollars for a manufacturer's license; or

b. If the person is applying for a retailer's license, a fee in the amount of sixty

dollars.

3. To renew a license required by this section, a person shall submit an application form

at the time and in the manner required by the commissioner and:

a. If the person is applying for a manufacturer's license renewal, a fee in the amount

of one hundred dollars; or

b. If the person is applying for a retailer's license renewal, a fee in the amount of fifty

dollars.

4. A license issued under this section is valid during the period beginning on January first

of an even-numbered year and ending on December thirty-first of the ensuing

odd-numbered year.

5. A license issued under this section is not transferable.

6. If a person fails to renew a license within thirty-one days of its expiration, that person

must apply for an initial license.
N.D. Cent. Code § 4.1-01-20 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-20
4.1-01-20. Gifts - Grants - Donations
Status: in_force

4.1-01-20. Gifts - Grants - Donations

The commissioner may accept gifts, grants, and donations for the purposes set forth in

section 4.1-01-19, provided the commissioner posts the amount and source of any gifts, grants,

and donations on the department's website. Any moneys received in accordance with this

section must be deposited in the federal environmental law impact review fund.
N.D. Cent. Code § 41-04.1-08 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-08
41-04.1-08. (4A-108) Relationship to Electronic Fund Transfer Act
Status: in_force

41-04.1-08. (4A-108) Relationship to Electronic Fund Transfer Act

1. Except as provided in subsection 2, this chapter does not apply to a funds transfer any

part of which is governed by the Electronic Fund Transfer Act of 1978 [Title XX, Pub. L.

95-630; 92 Stat. 3728; 15 U.S.C. 1693 et seq.].

2. This chapter applies to a funds transfer that is a remittance transfer as defined in the

Electronic Fund Transfer Act [15 U.S.C. 1693o-1], unless the remittance transfer is an

electronic fund transfer as defined in the Electronic Fund Transfer Act [15 U.S.C.

1693a].

3. In a funds transfer to which this chapter applies, in the event of an inconsistency

between an applicable provision of this chapter and an applicable provision of the

Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs

to the extent of the inconsistency.
N.D. Cent. Code § 41-02.1-54 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-54
41-02.1-54. (2A-506) Statute of limitations
Status: in_force

41-02.1-54. (2A-506) Statute of limitations

1. An action for default under a lease contract, including breach of warranty or indemnity,

must be commenced within four years after the cause of action accrued. By the

original lease contract the parties may reduce the period of limitation to not less than

one year.

2. A cause of action for default accrues when the act or omission on which the default or

breach of warranty is based is or should have been discovered by the aggrieved party,

or when the default occurs, whichever is later. A cause of action for indemnity accrues

when the act or omission on which the claim for indemnity is based is or should have

been discovered by the indemnified party, whichever is later.

3. If an action commenced within the time limited by subsection 1 is so terminated as to

leave available a remedy by another action for the same default or breach of warranty

or indemnity, the other action may be commenced after the expiration of the time

limited and within six months after the termination of the first action unless the

termination resulted from voluntary discontinuance or from dismissal for failure or

neglect to prosecute.

4. This section does not alter the law on tolling of the statute of limitations nor does it

apply to causes of action that have accrued before this chapter becomes effective.
N.D. Cent. Code § 41-02.1-50 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-50
41-02.1-50. (2A-502) Notice after default
Status: in_force

41-02.1-50. (2A-502) Notice after default

Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in

default under the lease contract is not entitled to notice of default or notice of enforcement from

the other party to the lease agreement.
N.D. Cent. Code § 4.1-31-26 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-26
4.1-31-26. Penalties
Status: in_force

4.1-31-26. Penalties

1. A person who willfully violates a provision of this chapter is guilty of a class A

misdemeanor.

2. A person willfully violating this chapter or a rule adopted under this chapter is subject

to a civil penalty not to exceed two hundred fifty dollars for each violation. The civil

penalty may be imposed by a court or by the agriculture commissioner in an

administrative proceeding.

3. Imposing a penalty allowed in subsection 1 or 2 does not preclude the commissioner

from seeking to impose other sanctions or from seeking other remedies for violation of

this chapter or rules adopted under this chapter.
N.D. Cent. Code § 4.1-45-06 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-06
4.1-45-06. Annual meeting of the board of directors - Special meetings - Notice
Status: in_force

4.1-45-06. Annual meeting of the board of directors - Special meetings - Notice

1. A regular annual meeting of the board of directors must be held immediately after and

at the same place as the annual meeting of the association. Notice of the regular

annual meeting of the board of directors must be included in the notice of the annual

meeting of the state fair association. The board of directors may provide by resolution

the time and place for the holding of additional regular meetings of the board without

other notice than that resolution.

2. Special meetings of the board of directors may be called by the president or upon the

written request of two of the directors. The president shall fix the time and place for the

holding of any special meeting of the board of directors.

3. Notice of any special meeting of the board must be given to each director at least

three days before the meeting by written notice delivered personally, sent by mail, or

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

communication address at which the director has consented to receive notice. Any

director may waive notice of any meeting. The attendance of a director at any meeting

constitutes a waiver of notice of that meeting, except when a director attends a

meeting for the express purpose of objecting to the transaction of any business

because the meeting is not lawfully called or convened. Neither the business to be

transacted, nor the purpose of any regular or special meeting of the board of directors,

need be specified in the notice or waiver of notice of such meeting.
N.D. Cent. Code § 4.1-83-23 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-23
4.1-83-23. Possession of records and property - Notice to file claims
Status: in_force

4.1-83-23. Possession of records and property - Notice to file claims

1. a. Upon establishing the trust fund, the agriculture commissioner shall take

possession of all accounts and records pertaining to the livestock dealer's

business. After reviewing the records, the agriculture commissioner may return to

the dealer any records that are not necessary to the settlement of claims under

this chapter.

b. Upon establishing the trust fund, the agriculture commissioner shall take

possession of all livestock purchased by the dealer under the dealer's license and

remaining in the dealer's possession.

2. The agriculture commissioner, as trustee, shall publish a notice once each week for

three consecutive weeks in the official newspaper of each county in which the livestock

dealer was conducting business, directing any person having a claim against the

dealer to file the claim and all supporting documentation with the commissioner no

later than forty-five days from the last date of publication. Any person failing to meet

the filing requirements set forth in the notice is barred from participating in any funds

marshalled by the agriculture commissioner under this chapter.
N.D. Cent. Code § 4.1-53-61 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-61
4.1-53-61. Applicability of chapter
Status: in_force

4.1-53-61. Applicability of chapter

This chapter does not apply to:

1. Seed that is not intended for planting purposes; and

2. Seed grown by a producer and sold by that producer without advertising and without

using a third party as an agent or broker to effect the sale, provided this exemption is

not applicable if the seed is a variety protected by the Plant Variety Protection Act

[7 U.S.C. 2321 et seq.], as amended through July 31, 2022.
N.D. Cent. Code § 4.1-59-10 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-10
4.1-59-10. Bond discount
Status: in_force

4.1-59-10. Bond discount

1. The licensee may request a bond reduction based upon the licensee's payment policy.

a. The required bond is reduced by thirty percent for a licensee that establishes and

follows a payment policy approved by the commissioner of ten days or fewer.

b. The required bond is reduced by fifteen percent for a licensee that establishes

and follows a payment policy approved by the commissioner of eleven to

twenty-one days.

2. A reduction under this section may not be used to reduce required bond below the

minimum bond set by law.
N.D. Cent. Code § 4.1-25-33 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-33
4.1-25-33. Grade A pasteurized milk ordinance
Status: in_force

4.1-25-33. Grade A pasteurized milk ordinance

Dairy producers, processors, and manufacturers shall comply with the pasteurized milk

ordinance and follow the standards set by the "Procedures Governing the Cooperative

State-Public Health Service Food and Drug Administration Program of the National Conference

on Interstate Milk Shipments, 2023 Revision".
N.D. Cent. Code § 41-01-13 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-13
41-01-13. (1-205) Reasonable time - Seasonableness
Status: in_force

41-01-13. (1-205) Reasonable time - Seasonableness

1. Whether a time for taking an action required under this title is reasonable depends on

the nature, purpose, and circumstances of the action.

2. An action is taken seasonably if the action is taken at or within the time agreed or, if no

time is agreed, at or within a reasonable time.
N.D. Cent. Code § 41-09-117 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-117
41-09-117. (9-622) Effect of acceptance of collateral
Status: in_force

41-09-117. (9-622) Effect of acceptance of collateral

1. A secured party's acceptance of collateral in full or partial satisfaction of the obligation

it secures:

a. Discharges the obligation to the extent consented to by the debtor;

b. Transfers to the secured party all of a debtor's rights in the collateral;

c. Discharges the security interest or agricultural lien that is the subject of the

debtor's consent and any subordinate security interest or other subordinate lien;

and

d. Terminates any other subordinate interest.

2. A subordinate interest is discharged or terminated under subsection 1, even if the

secured party fails to comply with this chapter.
N.D. Cent. Code § 41-09-58 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-58
41-09-58. (9-338) Priority of security interest perfected by filed financing statement providing certain incorrect information
Status: in_force

41-09-58. (9-338) Priority of security interest perfected by filed financing statement

providing certain incorrect information.

If a security interest is perfected by a filed financing statement providing information

described in subdivision e of subsection 2 of section 41-09-87 which is incorrect at the time the

financing statement is filed:

1. The security interest is subordinate to a conflicting perfected security interest in the

collateral to the extent that the holder of the conflicting security interest gives value in

reasonable reliance upon the incorrect information; and

2. A purchaser, other than a secured party, of the collateral takes free of the security

interest to the extent that, in reasonable reliance upon the incorrect information, the

purchaser gives value and, in the case of tangible chattel paper, tangible documents,

goods, instruments, or a security certificate, receives delivery of the collateral.
N.D. Cent. Code § 41-02-20 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-20
41-02-20. (2-303) Allocation or division of risks
Status: in_force

41-02-20. (2-303) Allocation or division of risks

When this chapter allocates a risk or a burden as between the parties "unless otherwise

agreed", the agreement may not only shift the allocation but may also divide the risk or burden.
N.D. Cent. Code § 4.1-18.1-12 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-12
4.1-18.1-12. Remedies - Injunction - Other relief - Receiver - Cease and desist orders - Civil penalties - Costs recoverable in adjudicative proceedings
Status: in_force

4.1-18.1-12. Remedies - Injunction - Other relief - Receiver - Cease and desist orders -

Civil penalties - Costs recoverable in adjudicative proceedings.

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

in, or is engaging in a practice in violation of this chapter, the commissioner may seek

and obtain in an action in a district court an injunction enjoining the person from

engaging in the violation, continuing the violation, or doing any act in furtherance of the

violation after proper notice to the person. The notice must state generally the relief

sought and be served at least ten days before the hearing of the action.

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

in, or is engaging in a violation of this chapter, and the person is about to conceal

assets that may have been acquired in violating this chapter, conceal oneself, or leave

the state, the commissioner may apply to the district court, ex parte, for an order

appointing a receiver of the assets of the person.

3. Upon a showing made by affidavit or other evidence that shows reasonable grounds

the person is about to engage in, has engaged in, or is engaging in a violation of this

chapter and the person is about to conceal assets that may have been acquired in

violating this chapter, conceal oneself, or leave the state, the court shall order the

appointment of a receiver to receive the assets of the person. From the received

assets, the court may make an order or judgment necessary to restore to another

person who has suffered damages due to another person violating this chapter any

money or property.

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

in, or is engaging in a violation of this chapter, or by an order of the commissioner

issued under this chapter, the commissioner, without notice and hearing, may issue a

cease and desist order.

a. In addition to any other remedy authorized by this chapter, the commissioner may

impose by order and collect a civil penalty against a person found in an

adjudicative proceeding to have violated a cease and desist order issued

pursuant to this section, in an amount not more than five thousand dollars for

each violation.

b. The person may request a hearing before the commissioner if a written request is

made within ten days after the receipt of the order. Unless otherwise specifically

provided, an adjudicative proceeding under this section must be conducted in

accordance with chapter 28-32.

c. If the commissioner prevails in an adjudicative proceeding pursuant to this

section, the commissioner may assess the nonprevailing person for all

adjudicative proceeding and hearing costs, including reasonable attorney's fees,

investigation expenses, costs, and other expenses of the investigation and action.
N.D. Cent. Code § 41-08-19 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-19
41-08-19. (8-203) Staleness as notice of defect or defense
Status: in_force

41-08-19. (8-203) Staleness as notice of defect or defense

After an act or event, other than a call that has been revoked, creating a right to immediate

performance of the principal obligation represented by a certificated security or setting a date on

or after which the security is to be presented or surrendered for redemption or exchange, a

purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or

event:

1. Requires the payment of money, the delivery of a certificated security, the registration

of transfer of an uncertificated security, or any of them on presentation or surrender of

the security certificate, the money or security is available on the date set for payment

or exchange, and the purchaser takes the security more than one year after that date;

or

2. Is not covered by subsection 1 and the purchaser takes the security more than two

years after the date set for surrender or presentation or the date on which performance

became due.
N.D. Cent. Code § 4.1-02-14 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-14
4.1-02-14. Submission of assessments - Civil penalty
Status: in_force

4.1-02-14. Submission of assessments - Civil penalty

1. The first purchaser shall forward to the council all assessments collected by the first

purchaser within thirty days after the conclusion of each calendar quarter.

2. If a first purchaser fails to submit the assessments 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 § 41-04-11 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-11
41-04-11. (4-111) Statute of limitations
Status: in_force

41-04-11. (4-111) Statute of limitations

An action to enforce an obligation, duty, or right arising under this chapter must be

commenced within three years after the cause of action accrues.
N.D. Cent. Code § 4.1-15-04 — ND Code / Title 4.1 / Chapter 4.1-15 / Section 4.1-15-04
4.1-15-04. Gifts and grants - Continuing appropriation
Status: in_force

4.1-15-04. Gifts and grants - Continuing appropriation

The northern crops institute may contract for and accept private contributions and gifts and

grants-in-aid from the federal government, private industry, and other sources. Those funds may

be spent only for the purposes of this chapter and for any purposes designated in the gift, grant,

or donation and those funds are appropriated on a continuing basis to the northern crops

institute for those purposes.
N.D. Cent. Code § 41-03-62 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-62
41-03-62. (3-505) Evidence of dishonor
Status: in_force

41-03-62. (3-505) Evidence of dishonor

1. The following are admissible as evidence and create a presumption of dishonor and of

any notice of dishonor stated:

a. A document regular in form as provided in subsection 2 which purports to be a

protest.

b. A purported stamp or writing of the drawee, payor bank, or presenting bank on or

accompanying the instrument stating that acceptance or payment has been

refused unless reasons for the refusal are stated and the reasons are not

consistent with dishonor.

c. A book or record of the drawee, payor bank, or collecting bank, kept in the usual

course of business which shows dishonor, even if there is no evidence of who

made the entry.

2. A protest is a certificate of dishonor made by a United States consul or vice consul, or

a notary public or other person authorized to administer oaths by the law of the place

where dishonor occurs. It may be made upon information satisfactory to that person.

The protest must identify the instrument and certify either that presentment has been

made or, if not made, the reason why it was not made, and that the instrument has

been dishonored by nonacceptance or nonpayment. The protest may also certify that

notice of dishonor has been given to some or all parties.
N.D. Cent. Code § 4.1-06-03 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-03
4.1-06-03. North Dakota dry bean council - Membership - Term
Status: in_force

4.1-06-03. North Dakota dry bean council - Membership - Term

1. The council consists of one participating producer elected from each of the districts

established in section 4.1-06-02.

2. Each member of the council must be a United States citizen.

3. Each member of the council must be a resident of and participating producer in the

district that the member represents.

4. The term of each elected member is three years and begins on May first following the

member's election. The terms must be staggered so that no more than two expire

each year.

5. If at any time during a member's term the member ceases to possess any of the

qualifications provided for in this chapter, the member's office is deemed vacant and

the council, by majority vote, shall appoint another qualified producer for the remainder

of the term.

6. An elected member of the council may not serve more than three consecutive terms. If

an individual is appointed to complete a vacancy, that service is not counted as a term,

for purposes of this section, unless the duration of that service exceeds one year.
N.D. Cent. Code § 4.1-40-12 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-12
4.1-40-12. Deficiencies
Status: in_force

4.1-40-12. Deficiencies

1. A product is deficient if:

a. One or more of its guaranteed primary plant nutrients falls below the

investigational allowances and compensations established by rule;

b. One or more other guaranteed active ingredients falls below the investigational

allowances and compensations established by rule; or

c. The overall index value of the fertilizer is shown below the level established by

rule.

2. A nonuniformity deficiency in an official sample of mixed fertilizer is not distinguishable

from a deficiency due to actual plant nutrient shortage and is properly subject to official

action.

3. To determine the commercial index value to be applied, the commissioner shall

determine at least annually the values per unit of nitrogen, available phosphate, and

soluble potash in fertilizers in this state.

4. Any fertilizer, fertilizer material, micronutrients, specialty fertilizer, soil amendment, or

plant amendment in the possession of a consumer found by the commissioner to be

short in weight, a penalty must be assessed to the registrant of the product. Within

thirty days after official notice from the commissioner, the registrant of the product shall

pay a penalty equal to four times the value of the actual shortage to the consumer.
N.D. Cent. Code § 4.1-13-05 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-05
4.1-13-05. Election of county representative
Status: in_force

4.1-13-05. Election of county representative

1. No later than May first of the year in which the term of an elected commission member

is to expire, the extension agent for each county in that member's district shall hold a

meeting of producers for the purpose of electing a county representative.

2. The commission shall publish notice of the meeting in the official newspaper of the

county for two consecutive weeks. The last notice must be published no fewer than

five nor more than ten days before the meeting.

3. The meeting must be held within the county.

4. During the meeting, the county extension agent shall conduct the election.

5. Any participating producer who resides in the county may vote in the election.

6. The county extension agent shall canvass the votes, notify the director of the North

Dakota state university extension service and the commission that the election has

taken place, and provide to the director and the commission the name and address of

the newly elected county representative.

7. Only those individuals who would be qualified to serve as elected commission

members may be elected as county representatives after July 31, 2009.

8. If an individual is unable or unwilling to continue serving as a county representative,

the county extension agent may appoint another qualified producer to serve in that

capacity, until the next county representative is elected in accordance with this section.
N.D. Cent. Code § 4.1-25-03 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-03
4.1-25-03. Financial records release authorization with application for licensure
Status: in_force

4.1-25-03. Financial records release authorization with application for licensure

A purchaser of milk in North Dakota shall file with the license application a release

authorizing the commissioner to access the applicant's financial records held by financial

institutions, accountants, and others. The release must be in a form approved by the

commissioner. The commissioner may use the release in the course of licensing or relicensing

the applicant, conducting an investigation of a complaint against the applicant due to a

complaint, or when evidence is obtained establishing probable cause of a violation of this

chapter. Information gained through the use of a release is confidential. The commissioner may

furnish information obtained through the use of the records release to any state agency and to

any prosecutorial official requiring the information for use in performing official duties.
N.D. Cent. Code § 4.1-25-17 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-17
4.1-25-17. Remedy of claimants - Separate action by claimant permissible
Status: in_force

4.1-25-17. Remedy of claimants - Separate action by claimant permissible

A claimant has no separate claim for relief against the required security of a licensee unless

the department fails or refuses to apply for appointment as trustee under this chapter. Any

claimant, either independently or in conjunction with other claimants, may pursue concurrently

with the department any other remedy the claimant or claimants may have against the licensee,

or against the property of the licensee, for the whole of their claim or claims or for any deficiency

that occurs after payments have been made from the trust fund.
N.D. Cent. Code § 4.1-06-09 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-09
4.1-06-09. Council - Powers
Status: in_force

4.1-06-09. Council - Powers

1. The council may:

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

b. Employ, bond, and compensate necessary personnel;

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

this chapter;

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

e. Sue and be sued; and

f. Do all things necessary and proper to enforce and administer this chapter.

2. The council may not engage in a commercial business enterprise.
N.D. Cent. Code § 4.1-83-25 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-25
4.1-83-25. Remedy of claimants - Pursuit of separate action
Status: in_force

4.1-83-25. Remedy of claimants - Pursuit of separate action

1. A claimant may not pursue a separate claim for relief against the livestock dealer's

bond unless the agriculture commissioner fails or refuses to apply for appointment as

trustee.

2. A claimant may pursue concurrently with the agriculture commissioner, however, any

other remedy against the livestock dealer or the dealer's property that the claimant

may have for the entire claim or for any deficiency that occurs after all payments have

been made from the trust fund.
N.D. Cent. Code § 4.1-45-22 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-22
4.1-45-22. Nonliability of state for debts - Exception
Status: in_force

4.1-45-22. Nonliability of state for debts - Exception

The state is not liable for any of the debts or liabilities of the state fair association except as

appropriations are made for that purpose by the legislative assembly.
N.D. Cent. Code § 4.1-27-10 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-10
4.1-27-10. Sanitary regulations of livestock auction market
Status: in_force

4.1-27-10. Sanitary regulations of livestock auction market

Each livestock auction market must be maintained in a sanitary condition in accordance

with this chapter. Any portion of a livestock auction market used for the handling of hogs,

including all hogpens, alleys, and auction markets, must be equipped with concrete floors at

least three inches [7.62 centimeters] thick. The concrete floors must be cleaned and disinfected

after each sale, or in case of a continuous sale, not less than once each week or as may be

prescribed by the state board of animal health.
N.D. Cent. Code § 4.1-03-08 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-08
4.1-03-08. Commission members - Compensation
Status: in_force

4.1-03-08. 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 as directed by the commission.
N.D. Cent. Code § 4.1-30-03 — ND Code / Title 4.1 / Chapter 4.1-30 / Section 4.1-30-03
4.1-30-03. Penalty for purchase of livestock by weight without grading
Status: in_force

4.1-30-03. Penalty for purchase of livestock by weight without grading

Each purchase of livestock in violation of section 4.1-30-02 is a separate offense and

constitutes an infraction upon the part of every owner of a packing plant in which such violation

occurs.
N.D. Cent. Code § 4.1-47-27 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-27
4.1-47-27. Noxious weed control - Enforcement responsibilities of other agencies
Status: in_force

4.1-47-27. Noxious weed control - Enforcement responsibilities of other agencies

Law enforcement agents shall cooperate with the commissioner, a weed control board, and

a weed control officer for the purpose of enforcing this chapter.
N.D. Cent. Code § 4.1-02-11 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-11
4.1-02-11. Council - Duties
Status: in_force

4.1-02-11. Council - Duties

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

may be expended. The uses may include:

a. The funding of research, education programs, and market development efforts;

and

b. The support of state, regional, national, and international entities that promote

barley utilization.

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

barley assessment and ways in which the assessment benefits barley producers.
N.D. Cent. Code § 4.1-83-16 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-16
4.1-83-16. Agent's authority - Limitation
Status: in_force

4.1-83-16. Agent's authority - Limitation

While acting as an agent, an individual may not conduct any transaction involving livestock

in the agent's own name.
N.D. Cent. Code § 4.1-56-03 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-03
4.1-56-03. Seed potato control area - Petition for formation
Status: in_force

4.1-56-03. Seed potato control area - Petition for formation

The petition to be circulated, as provided in section 4.1-56-02, must:

1. Describe the boundaries of the proposed seed potato control area; and

2. State the quality of seed that may be planted within the proposed seed potato control

area.
N.D. Cent. Code § 41-03-39 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-39
41-03-39. (3-402) Signature by representative
Status: in_force

41-03-39. (3-402) Signature by representative

1. If a person acting, or purporting to act, as a representative signs an instrument by

signing either the name of the represented person or the name of the signer, the

represented person is bound by the signature to the same extent the represented

person would be bound if the signature were of a simple contract. If the represented

person is bound, the signature of the representative is the "authorized signature of the

represented person" and the represented person is liable on the instrument, whether

or not identified in the instrument.

2. If a representative signs the name of the representative to an instrument and that

signature is an authorized signature of the represented person, the following rules

apply:

a. If the form of the signature shows unambiguously that the signature is made on

behalf of the represented person who is identified in the instrument, the

representative is not liable on the instrument.

b. Subject to subsection 3, if the form of the signature does not show

unambiguously that the signature is made in a representative capacity or if the

represented person is not identified in the instrument, the representative is liable

on the instrument to a holder in due course that took the instrument without notice

that the representative was not intended to be liable on the instrument. With

respect to any other person, the representative is liable on the instrument unless

the representative proves that the original parties did not intend the

representative to be liable on the instrument.

3. If a representative signs the name of the representative as drawer of a check without

indication of the representative status and the check is payable from an account of the

represented person who is identified on the check, the signer is not liable on the check

if the signature is an authorized signature of the represented person.
N.D. Cent. Code § 41-04.1-34 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-34
41-04.1-34. (4A-503) Injunction or restraining order with respect to funds transfer
Status: in_force

41-04.1-34. (4A-503) Injunction or restraining order with respect to funds transfer

For proper cause and under applicable law, a court may restrain a person from issuing a

payment order to initiate a funds transfer, an originator's bank from executing the payment order

of the originator, the beneficiary's bank from releasing funds to the beneficiary, or the beneficiary

from withdrawing the funds. A court may not otherwise restrain a person from issuing a payment

order, paying or receiving payment of a payment order, or otherwise acting with respect to a

funds transfer.
N.D. Cent. Code § 4.1-01-24 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-24
4.1-01-24. Livestock-friendly county designation
Status: in_force

4.1-01-24. Livestock-friendly county designation

1. The commissioner shall establish a livestock-friendly county designation to recognize

and assist efforts to develop, maintain, or expand livestock sectors within the counties

of this state.

2. A county may apply to the commissioner to become designated as a livestock-friendly

county. A county is eligible for the designation under this section if the county:

a. Through its board of county commissioners, has adopted and enacted a

resolution expressing interest in developing, maintaining, or expanding livestock

production and processing sectors within the county;

b. Intends to collaborate with all appropriate political subdivisions within the county

to develop, maintain, or expand livestock production and processing sectors;

c. Has submitted a plan detailing the necessary actions to develop, maintain, or

expand livestock production and processing sectors;

d. Has conducted and completed a study identifying suitable locations for rural

economic development, including locations for confined animal feeding

operations, agricultural processing facilities, agricultural storage facilities, and

other agricultural-related development; and

e. Has disclosed other existing or planned activities and initiatives within the county

to develop, maintain, or expand livestock production and processing sectors.

3. If the commissioner determines a county has complied with the provisions in

subsection 2, the commissioner publicly shall designate the county as a livestock-

friendly county.

4. To retain the designation, a county shall submit an application to the commissioner

every four years.

5. The commissioner may revoke a county's designation as a livestock-friendly county if

the commissioner determines the county no longer meets the requirements for the

designation under subsection 2.

6. The commissioner may adopt rules to effectuate the provisions of this section.
N.D. Cent. Code § 4.1-40-16 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-16
4.1-40-16. Violations - Criminal penalty
Status: in_force

4.1-40-16. Violations - Criminal penalty

1. If evidence from the examination of any fertilizer, fertilizer material, micronutrient,

specialty fertilizer, soil amendment, or plant amendment indicates this chapter or the

implemented rules have been violated, the commissioner shall notify the registrant,

licensee, manufacturer, distributor, or possessor from whom the sample was taken of

the violation. Any person notified must be given an opportunity to be heard. After the

hearing, either in the presence or absence of the person so notified, the commissioner

may certify the facts to the proper prosecuting attorney if evidence exists this chapter

or the implemented rules have been violated.

2. Any person violating this chapter or the implemented rules or that impedes, obstructs,

hinders, or otherwise prevents or attempts to prevent the commissioner in the

performance of the commissioner's duty under this chapter is guilty of a class A

misdemeanor.

3. All prosecutions involving the composition of a lot of fertilizers, fertilizer material,

micronutrients, specialty fertilizers, soil amendments, or plant amendments, require a

certified copy of the official analysis signed by the person performing the analysis or

that person's assigned agent. The certified and signed copy of the official analysis is

prima facie evidence of the composition.

4. The commissioner is not required to initiate prosecution or seizure proceedings for

minor violations of the chapter if the commissioner believes the public interest will be

best served by a suitable written warning.

5. The commissioner may apply for and the court may grant a temporary or permanent

injunction restraining any person from violating or continuing to violate this chapter or

any implemented rule, notwithstanding the existence of other remedies at law. An

injunction under this section must be issued without bond.
N.D. Cent. Code § 4.1-20-17 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-17
4.1-20-17. Regular election of district - When held - Regulations governing
Status: in_force

4.1-20-17. Regular election of district - When held - Regulations governing

The regular election of soil conservation districts must be held at the same time, and at the

same place, as the general election is held. All qualified electors in the district may vote in any

regular election of the district. Any land occupier living in the district desiring to be a candidate

for the office of supervisor at a district election and who has failed to file a nominating petition

may campaign and be elected as a write-in candidate for the office.
N.D. Cent. Code § 41-03-65 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-65
41-03-65. (3-603) Tender of payment
Status: in_force

41-03-65. (3-603) Tender of payment

1. If tender of payment of an obligation to pay an instrument is made to a person entitled

to enforce the instrument, the effect of tender is governed by principles of law

applicable to tender of payment under a simple contract.

2. If tender of payment of an obligation to pay an instrument is made to a person entitled

to enforce the instrument and the tender is refused, there is discharge, to the extent of

the amount of the tender, of the obligation of an endorser or accommodation party

having a right of recourse with respect to the obligation to which the tender relates.

3. If tender of payment of an amount due on an instrument is made to the person entitled

to enforce the instrument, the obligation of the obligor to pay interest after the due date

on the amount tendered is discharged. If presentment is required with respect to an

instrument and the obligor is able and ready to pay on the due date at every place of

payment stated in the instrument, the obligor is deemed to have made tender of

payment on the due date to the person entitled to enforce the instrument.
N.D. Cent. Code § 41-09-66 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-66
41-09-66. (9-404) Rights acquired by assignee - Claims and defenses against assignee
Status: in_force

41-09-66. (9-404) Rights acquired by assignee - Claims and defenses against

assignee.

1. Unless an account debtor has made an enforceable agreement not to assert defenses

or claims, and subject to subsections 2 through 5, the rights of an assignee are subject

to:

a. All terms of the agreement between the account debtor and assignor and any

defense or claim in recoupment arising from the transaction that gave rise to the

contract; and

b. Any other defense or claim of the account debtor against the assignor which

accrues before the account debtor receives a notification of the assignment

signed by the assignor or the assignee.

2. Subject to subsection 3 and except as otherwise provided in subsection 4, the claim of

an account debtor against an assignor may be asserted against an assignee under

subsection 1 only to reduce the amount the account debtor owes.

3. This section is subject to law other than this chapter which establishes a different rule

for an account debtor who is an individual and who incurred the obligation primarily for

personal, family, or household purposes.

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

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

the account debtor's recovery against an assignee with respect to claims and defenses

against the assignor may not exceed amounts paid by the account debtor under the

record, and the record does not include such a statement, the extent to which a claim

of an account debtor against the assignor may be asserted against an assignee is

determined as if the record included such a statement.

5. This section does not apply to an assignment of a health care insurance receivable.
N.D. Cent. Code § 4.1-01-28 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-28
4.1-01-28. Model zoning review task force - Report to the legislative management
Status: in_force

4.1-01-28. Model zoning review task force - Report to the legislative management

1. Model zoning review task force consists of:

a. The agriculture commissioner or the commissioner's designee, as chair.

b. The director of the department of environmental quality or the director's designee.

c. The executive director of the North Dakota Indian affairs commission or the

director's designee.

d. Two members from the North Dakota township association. One member must be

an agriculture producer.

e. Two members from the North Dakota association of counties. One member must

be an agriculture producer.

f. One member of the milk producers association of North Dakota.

g. One member of the North Dakota stockmen's association.

h. One member of the North Dakota pork council.

i. One member of the North Dakota corn growers association.

j. One member of the North Dakota soybean growers association.

k. One member of the North Dakota farmers union.

l. One member of the North Dakota farm bureau.

m. One member of the North Dakota planning association.

2. The task force shall:

a. Develop a new, or update a previously created model zoning ordinance during

the 2023-24 biennium.

b. Review low-density agriculture districts and applicable setbacks and uses.

c. Review current zoning districts for the purpose of considering the impact of

overlay districts.

d. Provide a report to the legislative management on changes to the model zoning

ordinance.

e. Meet every five years to review and update the model zoning ordinance, if

necessary.

3. The agriculture commissioner shall provide the task force with administrative services.

4. For purposes of this section "model zoning ordinance" means the most current model

zoning ordinance related to animal feeding operations in this state.
N.D. Cent. Code § 4.1-13-14 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-14
4.1-13-14. Commission - Duties
Status: in_force

4.1-13-14. Commission - Duties

1. The commission 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 efforts under the

auspices of other state, regional, national, and international organizations.

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

the wheat assessment and ways in which the assessment benefits wheat producers.
N.D. Cent. Code § 4.1-31-25 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-25
4.1-31-25. Interstate shipment
Status: in_force

4.1-31-25. Interstate shipment

Meat and meat products inspected under this chapter may be shipped in interstate

commerce when federal law permits state-inspected meat and meat products to be marketed

interstate.
N.D. Cent. Code § 4.1-57-03 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-03
4.1-57-03. Application for license - Content
Status: in_force

4.1-57-03. Application for license - Content

To obtain a license as a wholesale potato dealer, a person must complete an application

and submit it to the seed commissioner. The application must be signed by the applicant and

notarized and must include:

1. The location in which the applicant intends to operate as a wholesale potato dealer;

2. The estimated dollar amount of business to be done monthly;

3. The dollar amount of business done the preceding year, if any;

4. The greatest volume of potatoes, by hundredweight, purchased during any one month

in the preceding calendar year;

5. The greatest value of potatoes purchased during any one month in the preceding

calendar year;

6. The name of each partner if the applicant is a partnership;

7. The name of each corporate officer and the state of incorporation if the applicant is a

corporation;

8. The name of each manager and the state of organization if the applicant is a limited

liability company;

9. The name of every agent employed by the applicant on the date of the application;

10. A financial statement prepared in accordance with generally accepted accounting

principles showing the assets and liabilities of the applicant;

11. A list of similar licenses issued to the applicant by other states; and

12. The name of each state that has:

a. Refused to issue the applicant a wholesale potato dealer's license;

b. Suspended or revoked a wholesale potato dealer's license that had been issued

to the applicant;

c. Refused to issue a wholesale potato dealer's license to an agent of the applicant;

or

d. Suspended or revoked a wholesale potato dealer's license that had been issued

to an agent of the applicant.
N.D. Cent. Code § 4.1-43-07 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-07
4.1-43-07. Enforcement
Status: in_force

4.1-43-07. Enforcement

The commissioner shall enforce this chapter through inspection, chemical analysis, and any

other appropriate method. All samples for analysis must be taken from stocks held within, or

intended for sale in, this state. The commissioner may require any manufacturer or distributor

applying for registration of a livestock medicine to supply samples of the medicine for analysis.

The commissioner may institute any action at law or in equity as may appear necessary to

enforce compliance with the provisions of this chapter, and in addition to any other remedy, may

apply to the district court for relief by injunction, mandamus, or any other appropriate remedy in

equity. In such actions, the commissioner is not required to give or post bond in any action to

which the commissioner is a party whether upon appeal or otherwise.
N.D. Cent. Code § 41-04.1-23 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-23
41-04.1-23. (4A-303) Erroneous execution of payment order
Status: in_force

41-04.1-23. (4A-303) Erroneous execution of payment order

1. A receiving bank that executes the payment order of the sender by issuing a payment

order in an amount greater than the amount of the sender's order or issues a payment

order in execution of the sender's order and then issues a duplicate order is entitled to

payment of the amount of the sender's order under subsection 3 of section 41-04.1-27

if that subsection is otherwise satisfied. The bank is entitled to recover from the

beneficiary of the erroneous order the excess payment received to the extent allowed

by the law governing mistake and restitution.

2. A receiving bank that executes the payment order of the sender by issuing a payment

order in an amount less than the amount of the sender's order is entitled to payment of

the amount of the sender's order under subsection 3 of section 41-04.1-27 if that

subsection is otherwise satisfied and the bank corrects its mistake by issuing an

additional payment order for the benefit of the beneficiary of the sender's order. If the

error is not corrected, the issuer of the erroneous order is entitled to receive or retain

payment from the sender of the order it accepted only to the extent of the amount of

the erroneous order. This subsection does not apply if the receiving bank executes the

sender's payment order by issuing a payment order in an amount less than the amount

of the sender's order for the purpose of obtaining payment of its charges for services

and expenses pursuant to instruction of the sender.

3. If a receiving bank executes the payment order of the sender by issuing a payment

order to a beneficiary different from the beneficiary of the sender's order and the funds

transfer is completed on the basis of that error, the sender of the payment order that

was erroneously executed and all previous senders in the funds transfer are not

obliged to pay the payment orders they issued. The issuer of the erroneous order is

entitled to recover from the beneficiary of the order the payment received to the extent

allowed by the law governing mistake and restitution.
N.D. Cent. Code § 4.1-58-50 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-50
4.1-58-50. Commissioner to marshall trust assets
Status: in_force

4.1-58-50. Commissioner to marshall trust assets

Upon the commissioner's appointment, the commissioner may maintain suits at law or in

equity, or any special proceeding, in the name of this state, upon the commissioner's own

relation, but for the benefit of all receiptholders against: the insurers of grain; the

warehouseman's bond; a person that may have converted any grain; or a receiptholder that

received more than the receiptholder's just and pro rata share of grain, for the purpose of

marshalling all trust fund assets and distributing the same among the receiptholders. The

commissioner shall seek possession of any grain in the warehouse before recourse is had

against the insurers of grain, and the remedy against the insurers of grain must be exhausted

before recourse is had against the bond, and against the bond before recourse is had against

the person honestly converting grain, unless the commissioner deems it necessary to the

redemption of the receipts that all the above remedies be pursued at the same time.
N.D. Cent. Code § 4.1-31-08 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-08
4.1-31-08. Horse meat - Requirements
Status: in_force

4.1-31-08. Horse meat - Requirements

A person may not sell, transport, offer for sale or transportation, or receive for transportation

in intrastate commerce carcasses of horses, mules, or other equines or meat food products

derived from them, unless they are plainly and conspicuously marked, labeled, or otherwise

identified to show the kinds of animals from which they were derived. The commissioner by rule

may require that the preparation of equine carcasses and equine meat food products take place

in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or

in which their carcasses or meat food products are prepared.