N.D. Cent. Code § 4.1-83-27 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-27
4.1-83-27. Moneys collected on claims - Required deposit
Status: in_force

4.1-83-27. Moneys collected on claims - Required deposit

All moneys collected and received by the agriculture commissioner as trustee must be

deposited in the Bank of North Dakota pending the marshalling of the fund.
N.D. Cent. Code § 4.1-41-15 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-15
4.1-41-15. Penalties
Status: in_force

4.1-41-15. Penalties

1. It is a class A misdemeanor for any person to violate this chapter, the rules

implementing this chapter, or impeding, obstructing, hindering, preventing, or

attempting to prevent the agriculture commissioner from performing the

commissioner's duties in connection with this chapter. In all prosecutions under this

chapter involving the composition of a lot of commercial feed, a certified copy of the

official analysis signed by the person performing the analysis, or that person's

authorized agent, must be accepted as prima facie evidence of the composition.

2. This chapter does not require the commissioner to seek prosecution or take any other

legal action based on minor violations of the chapter if the commissioner deems the

public interest will be best served by a suitable written warning.

3. Each state's attorney to whom any violation is reported shall institute appropriate

proceedings to be prosecuted in a court of competent jurisdiction without delay. Before

the commissioner reports a violation for prosecution, the commissioner shall provide

an opportunity for the distributor to show cause why the violation should not be

reported for prosecution.

4. 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 rule implementing this chapter. An injunction must be issued without bond.

5. Any person adversely affected by an act, order, or ruling made pursuant to this chapter

may within forty-five days appeal the action to the district court for Burleigh County.
N.D. Cent. Code § 41-08-29 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-29
41-08-29. (8-303) Protected purchaser
Status: in_force

41-08-29. (8-303) Protected purchaser

1. "Protected purchaser" means a purchaser of a certificated or uncertificated security, or

of an interest therein, who:

a. Gives value;

b. Does not have notice of any adverse claim to the security; and

c. Obtains control of the certificated or uncertificated security.

2. A protected purchaser acquires its interest in the security free of any adverse claim.
N.D. Cent. Code § 4.1-40-02 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-02
4.1-40-02. Product registration - Fees
Status: in_force

4.1-40-02. Product registration - Fees

1. Each brand and grade of fertilizer, fertilizer material, micronutrient, specialty fertilizer,

soil amendment, and plant amendment must be registered in the name of the person

whose name appears upon the label before being offered for sale or distributed in this

state.

2. The application for registration must be submitted to the commissioner on a form

furnished by the commissioner and must be accompanied by:

a. A current product label; and

b. A fee of fifty dollars per product.

3. Each brand and grade registration is effective for a two-year period beginning July first

and ending June thirtieth of each even-numbered year.

4. Any request for a registration renewal received after July thirty-first must be assessed

a penalty of one hundred dollars per product.

5. a. A distributor is not required to register any product listed in subsection 1 if that

product is already registered by another person, providing the label complies with

the issued registration.

b. A distributor is not required to register a custom-blended fertilizer combination,

blended to the customer's specification, if the fertilizer combination provided

contains only products registered under subsection 1.

c. Compost that is transferred between parties without compensation does not

require registration.

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

state treasurer for deposit in the environment and rangeland protection fund.
N.D. Cent. Code § 4.1-09-11 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-11
4.1-09-11. Election of chairman - Meetings
Status: in_force

4.1-09-11. Election of chairman - Meetings

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

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

the council within seven days when petitioned to do so by three council members.
N.D. Cent. Code § 41-03-12 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-12
41-03-12. (3-112) Interest
Status: in_force

41-03-12. (3-112) Interest

1. Unless otherwise provided in the instrument, an instrument is not payable with interest

and interest on an interest-bearing instrument is payable from the date of the

instrument.

2. Interest may be stated in an instrument as a fixed or variable amount of money or it

may be expressed as a fixed or variable rate or rates. The amount or rate of interest

may be stated or described in the instrument in any manner and may require reference

to information not contained in the instrument. If an instrument provides for interest but

the amount of interest payable cannot be ascertained from the description, interest is

payable at the judgment rate in effect at the place of payment of the instrument and at

the time interest first accrues.
N.D. Cent. Code § 4.1-34-04 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-04
4.1-34-04. Reporting requirements
Status: in_force

4.1-34-04. Reporting requirements

Within thirty days after request by the commissioner, a registrant shall report the amount

and type of each registered pesticide sold, offered for sale, or otherwise distributed in the state.

The information required must include the brand name, amount, and formulation of each

pesticide sold, offered for sale, or otherwise distributed in the state. However, specific brand

names may not be identified in any report or otherwise made public.
N.D. Cent. Code § 4.1-83-18 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-18
4.1-83-18. Investigation of livestock dealer - Hearing
Status: in_force

4.1-83-18. Investigation of livestock dealer - Hearing

1. a. The agriculture commissioner shall investigate the conduct of any livestock dealer

if the commissioner has reasonable cause to believe that the livestock dealer

may have violated this chapter or engaged in any activity that constitutes a

ground for license suspension or revocation under this chapter.

b. Subdivision 1 does not apply if an investigation is being conducted by the grain

inspection, packers and stockyards administration.

2. If after conducting an investigation the agriculture commissioner has probable cause to

believe that a violation of the chapter occurred or that the livestock dealer engaged in

any activity that constitutes a ground for license suspension or revocation under this

chapter, the commissioner may conduct a hearing to determine whether the license of

the livestock dealer should be suspended or revoked.
N.D. Cent. Code § 4.1-21-06 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-06
4.1-21-06. State forester may accept land for forestry purposes
Status: in_force

4.1-21-06. State forester may accept land for forestry purposes

The state forester may accept gifts, donations, or contributions of land suitable for forestry

purposes and may enter agreements for acquiring, by lease, purchase, or otherwise, such lands

as in the state forester's judgment are desirable for state forestry purposes.
N.D. Cent. Code § 4.1-44-05 — ND Code / Title 4.1 / Chapter 4.1-44 / Section 4.1-44-05
4.1-44-05. North Dakota agricultural hall of fame - Establishment - Induction
Status: in_force

4.1-44-05. North Dakota agricultural hall of fame - Establishment - Induction

The North Dakota agricultural hall of fame is established at the North Dakota winter show.

1. To be eligible for induction into the North Dakota agricultural hall of fame, an individual

must:

a. Have reached the age of forty-five;

b. Have been involved in the state's agricultural industry for a minimum of twenty

years; and

c. Be nominated for induction by a member of the North Dakota agricultural hall of

fame committee.

2. A nomination must be in writing and must include the nominee's personal history,

education, employment, and history of contributions to and achievements in the state's

agricultural industry; the nominee's participation in professional organizations; the

nominee's career-related activities and civic contributions, honors, and awards; a

statement from the candidate, if possible; and the date and signature of the nominator.

3. The North Dakota agricultural hall of fame committee shall select inductees by majority

vote. The selections must be based on the nominee's record of accomplishment in the

state's agricultural industry. The committee shall give due consideration to the

nominee's participation in organizations represented by members of the North Dakota

agricultural hall of fame committee.
N.D. Cent. Code § 4.1-28-05 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-05
4.1-28-05. Inspection of livestock
Status: in_force

4.1-28-05. Inspection of livestock

Before any livestock sold pursuant to this chapter is delivered, whether interstate or

intrastate, the livestock must be inspected for health by a veterinarian licensed in this state and

approved by the state board of animal health and, in the case of cattle, for brands by a trained

brand inspector, acting under rules adopted by the North Dakota stockmen's association and

the state board of animal health. The inspection must take place at the time of the initial delivery

of the livestock. If livestock is destined to be shipped interstate, the authorized veterinarian shall

furnish to each purchaser a certificate showing that the inspection has been made and

treatment administered in accordance with the requirements of the state of destination. The

services and duties of the veterinary inspector are under the supervision of the state board of

animal health. Fees for the veterinary inspection must be an amount agreed upon by the

representative and the veterinarian. All fees for veterinary inspection, treatment, and services

must be collected by the representative and paid to the inspector.
N.D. Cent. Code § 4.1-83-15 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-15
4.1-83-15. Agent's license - Grounds for denial
Status: in_force

4.1-83-15. Agent's license - Grounds for denial

1. The agriculture commissioner may refuse to issue an agent's license:

a. If the individual seeking the license was previously denied a livestock dealer's

license or an agent's license;

b. If the individual seeking the license had a livestock dealer's license or an agent's

license revoked;

c. If the individual seeking the license has been convicted of an offense for which a

term of imprisonment or a fine is authorized by statute; or

d. For any other just and good cause.

2. Any applicant denied a license under this section may request a hearing before the

agriculture commissioner, within thirty days of the denial.
N.D. Cent. Code § 4.1-21-08 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-08
4.1-21-08. Powers of state forester when lands acquired or leased
Status: in_force

4.1-21-08. Powers of state forester when lands acquired or leased

When lands are acquired or leased under section 4.1-21-06, the state forester may make

expenditures from any funds not otherwise obligated for the management, development, and

utilization of those areas. The state forester may provide recreational services within those

areas and may charge a user fee in an amount sufficient to cover the cost of providing those

services. The state forester may sell or otherwise may dispose of products from those lands and

may make necessary rules to carry out the purposes of this chapter.
N.D. Cent. Code § 4.1-53-35 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-35
4.1-53-35. Tree seed and shrub seed - Label requirements - Percentage of germination
Status: in_force

4.1-53-35. Tree seed and shrub seed - Label requirements - Percentage of

germination.

1. If the tree seed or shrub seed belongs to a species for which standard germination

testing procedures are prescribed by the association of official seed analysts, the label

must include:

a. (1) The percentage of germination, exclusive of hard seed;

(2) The percentage of hard seed; and

(3) The month and year in which the percentage of germination was

determined; or

b. A statement indicating that the test to determine the percentage of germination is

not yet completed and that the results will be supplied upon request.

2. If the tree seed or shrub seed belongs to a species for which standard germination

testing procedures are not prescribed, the label must include the year in which the

seed was collected.
N.D. Cent. Code § 4.1-01-19 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-19
4.1-01-19. Environmental impact - Cost of participation
Status: in_force

4.1-01-19. Environmental impact - Cost of participation

1. Any expenses incurred by the commissioner or by the federal environmental law

impact review committee in meeting the requirements of section 4.1-01-18 must be

paid by the commissioner from the federal environmental law impact review fund.

2. If the attorney general elects to participate in an administrative or judicial process

pertaining to federal environmental legislation or regulations, which detrimentally

impact or potentially detrimentally impact the state's agricultural, energy, or oil

production sectors, any expenses incurred by the attorney general in the participation

must be paid by the commissioner from the federal environmental law impact review

fund.

3. For purposes of this section, "expenses" include administrative costs, consulting fees,

research costs, expert witness fees, attorney fees, and travel costs.
N.D. Cent. Code § 4.1-31-12 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-12
4.1-31-12. Articles not intended as human food
Status: in_force

4.1-31-12. Articles not intended as human food

The commissioner may not provide inspection under this chapter at an establishment for the

slaughter of animals or the preparation of carcasses or parts or products of animals which are

not intended for use as human food. Before these articles are offered for sale or transportation

in intrastate commerce, the articles must be denatured or otherwise identified, as prescribed by

rules of the commissioner, to deter the articles use for human food, unless the articles are

naturally inedible by humans. A person may not buy, sell, transport, offer for sale or

transportation, or receive for transportation, in intrastate commerce, any carcasses or meat food

products of animals which are not intended for use as human food, unless the articles are

denatured or otherwise identified.
N.D. Cent. Code § 4.1-20-41 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-41
4.1-20-41. Duties of committee after election on discontinuance of the district has been held
Status: in_force

4.1-20-41. Duties of committee after election on discontinuance of the district has

been held.

The committee shall publish the result of any election on the question of discontinuance of a

district immediately after the vote has been had. If a majority of the votes cast in the election

favored the discontinuance of the district, the committee shall make its certificate that it has

determined that the continued operation of the district is not administratively feasible. If a

majority of the votes cast in the referendum favored the continuance of the district, the

committee shall consider and determine whether the continued operation of the district within

the defined boundaries is administratively feasible. If the committee determines the continued

operation of the district is administratively feasible, the committee shall record that

determination and deny the petition for discontinuance, and if the committee determines the

continued operation thereof is not administratively feasible, the committee shall record the

determination and certify its determination to the supervisors of the district. In making its

determination, the committee shall give due weight and regard to the number and attitudes of

the qualified electors residing within the district, the number voting in the referendum, the

proportion that the votes cast in favor of the discontinuance of the district are of the total number

of votes cast, the probable expense of carrying on erosion control operations within the district,

and any other economic and social factors as may be relevant to the determination having

regard to the legislative policy as set forth in this chapter.
N.D. Cent. Code § 41-04-34 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-34
41-04-34. (4-403) Customer's right to stop payment - Burden of proof of loss
Status: in_force

41-04-34. (4-403) Customer's right to stop payment - Burden of proof of loss

1. A customer or any other person authorized to draw on the account may stop payment

of any item drawn on the customer's account or close the account by an order to the

bank describing the item or account with reasonable certainty received at such time

and in such manner as to afford the bank a reasonable opportunity to act on it before

any action by the bank with respect to the item described in section 41-04-31. If the

signature of more than one person is required to draw on an account, any of these

persons may stop payment or close the account.

2. A stop order is effective for six months after the time it is received, but it lapses after

fourteen calendar days if the original order was oral and was not confirmed in a record

within that period. A stop order may be renewed for additional six-month periods by a

record given to the bank within a period during which the stop order is effective.

3. The burden of establishing the fact and amount of loss resulting from the payment of

an item contrary to a stop payment order or order to close an account is on the

customer. The loss from payment of an item contrary to a stop payment order may

include damages for dishonor of subsequent items pursuant to section 41-04-33.
N.D. Cent. Code § 4.1-13-20 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-20
4.1-13-20. Expenditure of funds
Status: in_force

4.1-13-20. Expenditure of funds

The commission shall approve all expenditures made pursuant to this chapter. All

expenditures must be recorded on vouchers approved by the commission.
N.D. Cent. Code § 4.1-59-01 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-01
4.1-59-01. Definitions
Status: in_force

4.1-59-01. Definitions

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

1. "Credit-sale contract" means a written contract for the sale of grain pursuant to which

the sale price is to be paid or may be paid more than thirty days after the delivery or

release of the grain for sale and which contains the notice provided in section
N.D. Cent. Code § 4.1-06-18 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-18
4.1-06-18. Continuing appropriation
Status: in_force

4.1-06-18. Continuing appropriation

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

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

basis to the council to be used to carry out this chapter.
N.D. Cent. Code § 4.1-53-42 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-42
4.1-53-42. Certified seed - Establishment of certification system
Status: in_force

4.1-53-42. Certified seed - Establishment of certification system

1. The seed commissioner shall establish a seed certification system for this state.

2. The seed certification system must include standards of quality for any lot or stock of

seed that may be or may become eligible for field inspection or for final certification.

3. The seed commissioner shall make the requirements for seed certification readily

available in electronic and printed formats.
N.D. Cent. Code § 4.1-22-01 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-01
4.1-22-01. Definitions
Status: in_force

4.1-22-01. Definitions

In this chapter, except as otherwise provided:

1. "Certificate of inspection" means a document issued or authorized by the

commissioner stating nursery stock is practically free from damaging pests.

2. "Commissioner" means the agriculture commissioner or the commissioner's designee.

3. "Grower" means any person that takes a reproductive part of nursery stock and

increases the size and development of the stock for at least one full growing season. A

grower includes a person producing nursery stock from tissue culture.

4. "Infested" means infected with a quantity of pests or so exposed to a quantity of pests

that it would be reasonable to believe potential for harm or threat to the health of the

host nursery stock exists.

5. "Nonhardy" means plant species, varieties, and cultivars that will not survive climatic

conditions in North Dakota.

6. "Nursery" means any place where nursery stock is propagated, grown, or offered for

sale.

7. "Nursery stock" means all trees, shrubs, woody vines and their parts that are capable

of propagation or growth, except seed. Only plants intended for outdoor planting are

considered nursery stock.

8. "Pest" means any invertebrate animal, pathogen, parasitic plant, or other similar

organism that can cause damage to nursery stock.

9. "Place of business" means each separate location from which nursery stock is being

offered for sale.

10. "Viable nursery stock" means nursery stock that is capable of living and accomplishing

the purpose for which it is grown, whether for foliage, flowers, fruit, or special use.
N.D. Cent. Code § 4.1-26-23 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-23
4.1-26-23. Processor's license - Distributor's license - Grounds for denial
Status: in_force

4.1-26-23. Processor's license - Distributor's license - Grounds for denial

The milk marketing board may deny an application for a processor's license or a distributor's

license if the board determines that:

1. Persons currently licensed by the board in that capacity are supplying an adequate

variety and quantity of high-quality milk products and frozen dairy products to retailers

and consumers in this state;

2. Deliveries are being made with sufficient regularity and frequency; and

3. The issuance of additional licenses of the type sought will:

a. Result in an excess of processing plant capacity;

b. Tend to increase to unsatisfactory levels the average unit processing or average

unit distribution costs for persons already licensed by the board; or

c. Otherwise tend to prevent achievement of the objectives of this chapter.
N.D. Cent. Code § 41-09-70 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-70
41-09-70. (9-408) Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective
Status: in_force

41-09-70. (9-408) Restrictions on assignment of promissory notes, health care

insurance receivables, and certain general intangibles ineffective.

1. Except as otherwise provided in subsections 2 and 6, a term in a promissory note or in

an agreement between an account debtor and a debtor which relates to a health care

insurance receivable or a general intangible, including a contract, permit, license, or

franchise, and which term prohibits, restricts, or requires the consent of the person

obligated on the promissory note or the account debtor to, the assignment or transfer

of, or creation, attachment, or perfection of a security interest in, the promissory note,

health care insurance receivable, or general intangible, is ineffective to the extent that

the term:

a. Would impair the creation, attachment, or perfection of a security interest; or

b. Provides that the assignment, transfer, creation, attachment, or perfection of the

security interest may give rise to a default, breach, right of recoupment, claim,

defense, termination, right of termination, or remedy under the promissory note,

health care insurance receivable, or general intangible.

2. Subsection 1 applies to a security interest in a payment intangible or promissory note

only if the security interest arises out of a sale of the payment intangible or promissory

note, other than a sale pursuant to a disposition under section 41-09-107 or an

acceptance of collateral under section 41-09-115.

3. Except as otherwise provided in subsection 6, a rule of law, statute, or regulation that

prohibits, restricts, or requires the consent of a government, governmental body or

official, person obligated on a promissory note, or account debtor to the assignment or

transfer of, or creation of a security interest in, a promissory note, health care

insurance receivable, or general intangible, including a contract, permit, license, or

franchise between an account debtor and a debtor, is ineffective to the extent that the

rule of law, statute, or regulation:

a. Would impair the creation, attachment, or perfection of a security interest; or

b. Provides that the assignment, transfer, creation, attachment, or perfection of the

security interest may give rise to a default, breach, right of recoupment, claim,

defense, termination, right of termination, or remedy under the promissory note,

health care insurance receivable, or general intangible.

4. To the extent that a term in a promissory note or in an agreement between an account

debtor and a debtor which relates to a health care insurance receivable or general

intangible or a rule of law, statute, or regulation described in subsection 3 would be

effective under law other than this chapter but is ineffective under subsection 1 or 3,

the creation, attachment, or perfection of a security interest in the promissory note,

health care insurance receivable, or general intangible:

a. Is not enforceable against the person obligated on the promissory note or the

account debtor;

b. Does not impose a duty or obligation on the person obligated on the promissory

note or the account debtor;

c. Does not require the person obligated on the promissory note or the account

debtor to recognize the security interest, pay or render performance to the

secured party, or accept payment or performance from the secured party;

d. Does not entitle the secured party to use or assign the debtor's rights under the

promissory note, health care insurance receivable, or general intangible,

including any related information or materials furnished to the debtor in the

transaction giving rise to the promissory note, health care insurance receivable,

or general intangible;

e. Does not entitle the secured party to use, assign, possess, or have access to any

trade secrets or confidential information of the person obligated on the

promissory note or the account debtor; and

f. Does not entitle the secured party to enforce the security interest in the

promissory note, health care insurance receivable, or general intangible.

5. This section prevails over any inconsistent statute, rule, or regulation.

6. This section does not apply to a security interest in an ownership interest in a general

partnership, limited partnership, or limited liability company.

7. In this section, "promissory note" includes a negotiable instrument that evidences

chattel paper.
N.D. Cent. Code § 4.1-45-22.1 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-22.1
4.1-45-22.1. Facility operations and maintenance costs
Status: repealed

4.1-45-22.1. Facility operations and maintenance costs

Repealed by S.L. 2025, ch. 41, § 5.
N.D. Cent. Code § 41-04.1-21 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-21
41-04.1-21. (4A-301) Execution and execution date
Status: in_force

41-04.1-21. (4A-301) Execution and execution date

1. A payment order is "executed" by the receiving bank when it issues a payment order

intended to carry out the payment order received by the bank. A payment order

received by the beneficiary's bank may be accepted but may not be executed.

2. "Execution date" of a payment order means the day on which the receiving bank may

properly issue a payment-order execution of the sender's order. The execution date

may be determined by instruction of the sender but cannot be earlier than the day the

order is received and, unless otherwise determined, is the day the order is received. If

the sender's instruction states a payment date, the execution date is the payment date

or an earlier date on which execution is reasonably necessary to allow payment to the

beneficiary on the payment date.
N.D. Cent. Code § 41-03-54 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-54
41-03-54. (3-417) Presentment warranties
Status: in_force

41-03-54. (3-417) Presentment warranties

1. If an unaccepted draft is presented to the drawee for payment or acceptance and the

drawee pays or accepts the draft, the person obtaining payment or acceptance, at the

time of presentment, and a previous transferor of the draft, at the time of transfer,

warrant to the drawee making payment or accepting the draft in good faith that:

a. The warrantor is or was, at the time the warrantor transferred the draft, a person

entitled to enforce the draft or authorized to obtain payment or acceptance of the

draft on behalf of a person entitled to enforce the draft.

b. The draft has not been altered.

c. The warrantor has no knowledge that the signature of the purported drawer of the

draft is unauthorized.

d. If the draft is a demand draft, creation of the demand draft according to the terms

on its face was authorized by the person identified as drawer.

2. A drawee making payment may recover from any warrantor damages for breach of

warranty equal to the amount paid by the drawee less the amount the drawee received

or is entitled to receive from the drawer because of the payment. In addition, the

drawee is entitled to compensation for expenses and loss of interest resulting from the

breach. The right of the drawee to recover damages under this subsection is not

affected by any failure of the drawee to exercise ordinary care in making payment. If

the drawee accepts the draft, breach of warranty is a defense to the obligation of the

acceptor. If the acceptor makes payment with respect to the draft, the acceptor is

entitled to recover from any warrantor for breach of warranty the amounts stated in the

first two sentences of this subsection.

3. If a drawee asserts a claim for breach of warranty under subsection 1 based on an

unauthorized endorsement of the draft or an alteration of the draft, the warrantor may

defend by proving that the endorsement is effective under section 41-03-41 or

41-03-42 or the drawer is precluded under section 41-03-43 or 41-04-37 from

asserting against the drawee the unauthorized endorsement or alteration.

4. If a dishonored draft is presented for payment to the drawer or an endorser or any

other instrument is presented for payment to a party obliged to pay the instrument, and

payment is received, the following rules apply:

a. The person obtaining payment and a prior transferor of the instrument warrant to

the person making payment in good faith that the warrantor is or was, at the time

the warrantor transferred the instrument, a person entitled to enforce the

instrument or authorized to obtain payment on behalf of a person entitled to

enforce the instrument.

b. The person making payment may recover from any warrantor for breach of

warranty an amount equal to the amount paid plus expenses and loss of interest

resulting from the breach.

5. The warranties stated in subsections 1 and 4 cannot be disclaimed with respect to

checks. Unless notice of a claim for breach of warranty is given to the warrantor within

thirty days after the claimant has reason to know of the breach and the identity of the

warrantor, the liability of the warrantor under subsection 2 or 4 is discharged to the

extent of any loss caused by the delay in giving notice of the claim.

6. A cause of action for breach of warranty under this section accrues when the claimant

has reason to know of the breach.

7. A demand draft is a check, as provided in subsection 6 of section 41-03-04.

8. If the warranty in subdivision d of subsection 1 is not given by a transferor under

applicable conflict of law rules, then the warranty is not given to that transferor when

that transferor is a transferee.
N.D. Cent. Code § 4.1-26-08 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-08
4.1-26-08. Authority of governmental entities
Status: in_force

4.1-26-08. Authority of governmental entities

1. This chapter does not limit, decrease, or amend the authority of the agriculture

commissioner, any public board of health, or any public health official, with respect to

matters of health and sanitation.

2. This chapter does not authorize the milk marketing board to regulate the sale of raw

milk that is not grade A.
N.D. Cent. Code § 41-01-09 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-09
41-01-09. (1-201) General definitions
Status: in_force

41-01-09. (1-201) General definitions

1. Unless the context otherwise requires, words or phrases defined in this section, or in

additional definitions contained in other chapters of this title which apply to particular

chapters or parts of chapters, have the meanings stated.

2. Subject to definitions contained in other chapters of this title which apply to particular

chapters or parts of chapters:

a. "Action", in the sense of a judicial proceeding, includes recoupment,

counterclaim, setoff, suit in equity, and any other proceeding in which rights are

determined.

b. "Aggrieved party" means a party entitled to pursue a remedy.

c. "Agreement", as distinguished from "contract", means the bargain of the parties in

fact, as found in their language or inferred from other circumstances, including

course of performance, course of dealing, or usage of trade as provided under

section 41-09-17.

d. "Bank" means a person engaged in the business of banking and includes a

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

e. "Bearer" means a person in control of a negotiable electronic document of title or

a person in possession of a negotiable instrument, negotiable tangible document

of title, or certificated security that is payable to bearer or indorsed in blank.

f. "Bill of lading" means a document of title evidencing the receipt of goods for

shipment issued by a person engaged in the business of directly or indirectly

transporting or forwarding goods. The term does not include a warehouse receipt.

g. "Branch" includes a separately incorporated foreign branch of a bank.

h. "Burden of establishing" a fact means the burden of persuading the trier of fact

that the existence of the fact is more probable than its nonexistence.

i. "Buyer in ordinary course of business" means a person that buys goods in good

faith, without knowledge that the sale violates the rights of another person in the

goods, and in the ordinary course from a person, other than a pawnbroker, in the

business of selling goods of that kind. A person buys goods in the ordinary course

if the sale to the person comports with the usual or customary practices in the

kind of business in which the seller is engaged or with the seller's own usual or

customary practices. A person that sells oil, gas, or other minerals at the wellhead

or minehead is a person in the business of selling goods of that kind. A buyer in

ordinary course of business may buy for cash, by exchange of other property, or

on secured or unsecured credit, and may acquire goods or documents of title

under a pre-existing contract for sale. Only a buyer that takes possession of the

goods or has a right to recover the goods from the seller under chapter 41-02

may be a buyer in ordinary course of business. "Buyer in ordinary course of

business" does not include a person that acquires goods in a transfer in bulk or

as security for or in total or partial satisfaction of a money debt.

j. "Conspicuous", with reference to a term, means so written, displayed, or

presented that, based on the totality of the circumstances, a reasonable person

against which it is to operate ought to have noticed it. Whether a term is

"conspicuous" or not is a decision for the court.

k. "Consumer" means an individual who enters into a transaction primarily for

personal, family, or household purposes.

l. "Contract", as distinguished from "agreement", means the total legal obligation

that results from the parties' agreement as determined by this title as

supplemented by any other applicable laws.

m. "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any

representative of creditors, including an assignee for the benefit of creditors, a

trustee in bankruptcy, a receiver in equity, and an executor or administrator of an

insolvent debtor's or assignor's estate.

n. "Defendant" includes a person in the position of defendant in a counterclaim,

cross-claim, or third-party claim.

o. "Delivery", with respect to an electronic document of title, means voluntary

transfer of control and, with respect to an instrument, a tangible document of title,

or an authoritative tangible copy of a record evidencing chattel paper, means

voluntary transfer of possession.

p. "Document of title" means a record that in the regular course of business or

financing is treated as adequately evidencing that the person in possession or

control of the record is entitled to receive, control, hold, and dispose of the record

and the goods the record covers and that purports to be issued by or addressed

to a bailee and to cover goods in the bailee's possession which are either

identified or are fungible portions of an identified mass. The term includes a bill of

lading, transport document, dock warrant, dock receipt, warehouse receipt, and

order for delivery of goods. An electronic document of title means a document of

title evidenced by a record consisting of information stored in an electronic

medium. A tangible document of title means a document of title evidenced by a

record consisting of information that is inscribed on a tangible medium.

q. "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

r. "Fault" means a default, breach, or wrongful act or omission.

s. "Fungible goods" means:

(1) Goods of which any unit, by nature or usage of trade, is the equivalent of

any other like unit; or

(2) Goods that by agreement are treated as equivalent.

t. "Genuine" means free of forgery or counterfeiting.

u. "Good faith", except as otherwise provided in chapter 41-05, means honesty in

fact and the observance of reasonable commercial standards of fair dealing.

v. "Holder" means:

(1) The person in possession of a negotiable instrument that is payable either to

bearer or to an identified person that is the person in possession;

(2) The person in possession of a document of title if the goods are deliverable

either to bearer or to the order of the person in possession; or

(3) The person in control, other than pursuant to subsection 7 of section

41-07-06, of a negotiable electronic document of title.

w. "Insolvency proceeding" includes an assignment for the benefit of creditors or

other proceeding intended to liquidate or rehabilitate the estate of the person

involved.

x. "Insolvent" means:

(1) Having generally ceased to pay debts in the ordinary course of business

other than as a result of bona fide dispute;

(2) Being unable to pay debts as they become due; or

(3) Being insolvent within the meaning of federal bankruptcy law.

y. "Money" means a medium of exchange that is currently authorized or adopted by

a domestic or foreign government. The term includes a monetary unit of account

established by an intergovernmental organization, or by agreement between two

or more countries. The term does not include an electronic record that is a

medium of exchange recorded and transferable in a system that existed and

operated for the medium of exchange before the medium of exchange was

authorized or adopted by the government.

z. "Organization" means a person other than an individual.

aa. "Party", as distinguished from "third party", means a person that has engaged in a

transaction or made an agreement subject to this title.

bb. "Person" means an individual, a corporation, a business trust, an estate, a trust, a

partnership, a limited liability company, an association, a joint venture, a

government, a governmental subdivision, an agency, or an instrumentality, or any

other legal or commercial entity. The term includes a protected series, however

denominated, of an entity if the protected series is established under law other

than this title which limits, or limits if conditions specified under the law are

satisfied, the ability of a creditor of the entity or of any other protected series of

the entity to satisfy a claim from assets of the protected series.

cc. "Present value" means the amount as of a date certain of one or more sums

payable in the future, discounted to the date certain by use of either an interest

rate specified by the parties if that rate is not manifestly unreasonable at the time

the transaction is entered or, if an interest rate is not so specified, a commercially

reasonable rate that takes into account the facts and circumstances at the time

the transaction is entered.

dd. "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge,

lien, security interest, issue or reissue, gift, or any other voluntary transaction

creating an interest in property.

ee. "Purchaser" means a person that takes by purchase.

ff. "Record" means information that is inscribed on a tangible medium or that is

stored in an electronic or other medium and is retrievable in perceivable form.

gg. "Remedy" means any remedial right to which an aggrieved party is entitled with

or without resort to a tribunal.

hh. "Representative" means a person empowered to act for another, including an

agent, an officer of a corporation or association, and a trustee, executor, or

administrator of an estate.

ii. "Right" includes remedy.

jj. "Security interest" means an interest in personal property or fixtures which

secures payment or performance of an obligation. "Security interest" includes any

interest of a consignor and a buyer of accounts, chattel paper, a payment

intangible, or a promissory note in a transaction that is subject to chapter 41-09.

"Security interest" does not include the special property interest of a buyer of

goods on identification of those goods to a contract for sale under section

41-02-46, but a buyer may also acquire a "security interest" by complying with

chapter 41-09. Except as otherwise provided in section 41-02-53, the right of a

seller or lessor of goods under chapter 41-02 or 41-02.1 to retain or acquire

possession of the goods is not a "security interest", but a seller or lessor may also

acquire a "security interest" by complying with chapter 41-09. The retention or

reservation of title by a seller of goods notwithstanding shipment or delivery to the

buyer under section 41-02-46 is limited in effect to a reservation of a "security

interest". Whether a transaction in the form of a lease creates a "security interest"

is determined under section 41-01-11.

kk. "Send", in connection with a record or notification, means:

(1) To deposit in the mail, deliver for transmission, or transmit by any other

usual means of communication, with postage or cost of transmission

provided for, addressed to any address reasonable under the

circumstances; or

(2) To cause the record or notification to be received within the time it would

have been received if properly sent under paragraph 1.

ll. "Sign" means, with present intent to authenticate or adopt a record, to execute or

adopt a tangible symbol, or attach to or logically associate with the record an

electronic symbol, sound, or process. "Signed", "signing", and "signature" have

corresponding meanings.

mm. "State" means a state of the United States, the District of Columbia, Puerto Rico,

the United States Virgin Islands, or any territory or insular possession subject to

the jurisdiction of the United States.

nn. "Surety" includes a guarantor or other secondary obligor.

oo. "Term" means a portion of an agreement that relates to a particular matter.

pp. "Unauthorized signature" means a signature made without actual, implied, or

apparent authority. The term includes a forgery.

qq. "Warehouse receipt" means a document of title issued by a person engaged in

the business of storing goods for hire.

rr. "Writing" includes printing, typewriting, or any other intentional reduction to

tangible form. "Written" has a corresponding meaning.
N.D. Cent. Code § 4.1-40-18 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-18
4.1-40-18. Exchanges between manufacturers
Status: in_force

4.1-40-18. Exchanges between manufacturers

This chapter may not be construed to restrict or avoid sales or exchanges of fertilizers,

fertilizer materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments

to each other by importers, manufacturers, or manipulators that mix fertilizers, fertilizer

materials, micronutrients, specialty fertilizers, soil amendments, or plant amendments for sale or

as preventing the free and unrestricted shipments of fertilizer, fertilizer materials, micronutrients,

specialty fertilizers, soil amendments, or plant amendments to manufacturers or manipulators

that have registered their brands as required by this chapter.
N.D. Cent. Code § 4.1-20-48 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-48
4.1-20-48. Costs and expenses of consolidation - Disposition of property - Contracts of districts after consolidation
Status: in_force

4.1-20-48. Costs and expenses of consolidation - Disposition of property - Contracts

of districts after consolidation.

All costs and expenses incidental to the consolidation of two or more districts must be borne

equally by each of the consolidated districts. All property and money of the districts that have

been consolidated become the property of the newly established district. All contracts to which

the supervisors of each of the districts consolidated are parties remain in force and effect for the

period provided in the contracts and the supervisors of the consolidated district are substituted

as parties in the contracts. Supervisors of a consolidated district are entitled to all the benefits

and subject to all the liabilities under the contracts and have the same rights as the supervisors

of the district that entered the contract would have had if a consolidated district had not been

established.
N.D. Cent. Code § 4.1-20-30 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-30
4.1-20-30. Amending, supplementing, or repealing land use regulations
Status: repealed

4.1-20-30. Amending, supplementing, or repealing land use regulations

Any qualified elector living within a district at any time may file a petition with the

supervisors asking that any or all of the land use regulations in any ordinance adopted by the

supervisors under this chapter be amended, supplemented, or repealed. Land use regulations

in that ordinance may not be amended, supplemented, or repealed except in accordance with

the procedure prescribed in this chapter for the adoption of land use regulations. Elections on

adoption, amendment, supplementation, or repeal of land use regulations may not be held more

than once in any six-month period.
N.D. Cent. Code § 4.1-53-06 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-06
4.1-53-06. Seed commission - Appointment of proxy
Status: repealed

4.1-53-06. Seed commission - Appointment of proxy

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-28-03 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-03
4.1-28-03. Application for license - Contents
Status: repealed

4.1-28-03. Application for license - Contents

Repealed by S.L. 2025, ch. 84, § 2.
N.D. Cent. Code § 4.1-25-29 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-29
4.1-25-29. Standards for dairy manufacturing or processing - Minimum standards of rules
Status: in_force

4.1-25-29. Standards for dairy manufacturing or processing - Minimum standards of

rules.

At a minimum, rules governing the approval of dairy processing and manufacturing plants

and standards for grades of dairy products must comply with United States department of

agriculture general specifications for approved dairy plants and standards for grades of dairy

products. A plant may not be operated or any dairy products sold in violation of these rules.
N.D. Cent. Code § 4.1-08-01 — ND Code / Title 4.1 / Chapter 4.1-08 / Section 4.1-08-01
4.1-08-01. Definitions
Status: in_force

4.1-08-01. Definitions

As used in this chapter:

1. "Beekeeper" means any person owning or controlling a colony of bees for the

production of honey, beeswax, or byproducts.

2. "Commissioner" means the agriculture commissioner.
N.D. Cent. Code § 4.1-36-01 — ND Code / Title 4.1 / Chapter 4.1-36 / Section 4.1-36-01
4.1-36-01. Pesticide and pesticide container disposal program - Pesticide container management - Compensation
Status: in_force

4.1-36-01. Pesticide and pesticide container disposal program - Pesticide container

management - Compensation.

1. The definitions contained in section 4.1-33-01 apply to this chapter.

2. In consultation with an advisory board consisting of the state health officer and director

of the North Dakota state university extension service, two individuals selected by the

agriculture commissioner representing agribusiness organizations, and two individuals

selected by the agriculture commissioner representing farm organizations, the

commissioner shall continue to implement project safe send. The purpose of the

project is to:

a. Collect and either recycle or dispose of unusable pesticides and unusable

pesticide containers. The commissioner shall provide for the establishment and

operation of temporary collection sites for the pesticides and pesticide containers.

The commissioner may limit the type and quantity of pesticides and pesticide

containers acceptable for collection.

b. Promote proper pesticide container management. In consultation with the director

of the North Dakota state university extension service, the commissioner shall

evaluate and promote proper methods of pesticide container management,

including information on the variety of pesticide containers available.

3. Any entity collecting pesticide containers or unusable pesticides shall manage and

dispose of the containers and pesticides in compliance with applicable federal and

state requirements. When called upon, any state agency shall assist the commissioner

in implementing the project.

4. For services rendered in connection with the design and implementation of this project,

the advisory board members selected by the commissioner are entitled to

reimbursement for mileage and travel expenses in the same manner and for the same

amounts provided for state employees and officials. Compensation and expense

reimbursement must be paid from the environment and rangeland protection fund.
N.D. Cent. Code § 4.1-14-03 — ND Code / Title 4.1 / Chapter 4.1-14 / Section 4.1-14-03
4.1-14-03. Reciprocal recognition of certification
Status: in_force

4.1-14-03. Reciprocal recognition of certification

The agriculture commissioner may contract with any governmental entity that is responsible

for the certification of forage in another state or province and provide for the reciprocal

recognition of such certifications.
N.D. Cent. Code § 4.1-34-01 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-01
4.1-34-01. Definitions
Status: in_force

4.1-34-01. Definitions

For the purposes of this chapter, unless the context or subject matter otherwise requires:

1. "Active ingredient" means:

a. In the case of a pesticide other than a plant regulator, defoliant, or desiccant, any

ingredient that will prevent, destroy, repel, or mitigate pests.

b. In the case of a plant regulator, any ingredient that, through physiological action,

will accelerate or retard the rate of growth or rate of maturation or otherwise alter

the behavior of ornamental or crop plants or the product thereof.

c. In the case of a defoliant, any ingredient that will cause the leaves or foliage to

drop from a plant.

d. In the case of a desiccant, any ingredient that will artificially accelerate the drying

of plant tissue.

2. "Adulterated" applies to any pesticide if its strength or purity falls below the professed

standard or quality as expressed on labeling or under which it is sold, or if any

substance has been substituted wholly or in part for the pesticide, or if any valuable

constituent of the pesticide has been wholly or in part abstracted.

3. "Antidote" means the most practical immediate treatment in case of poisoning and

includes first-aid treatment.

4. "Commissioner" means the agriculture commissioner and includes any employee or

agent designated by the commissioner.

5. "Defoliant" means any substance or mixture of substances intended to cause the

leaves or foliage to drop from a plant with or without causing abscission.

6. "Desiccant" means any substance or mixture of substances intended to artificially

accelerate the drying of plant tissues.

7. "Device" means any instrument or contrivance intended for trapping, destroying,

repelling, or mitigating pests but does not include equipment used for the application of

pesticides when sold separately therefrom, or rodent traps.

8. "Environment" means air, water, land, and all plants and man and other animals living

therein and the interrelationships that exist among these.

9. "Federal Act" means the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C.

136 et seq.].

10. "Fungi" means all non-chlorophyll-bearing thallophytes, that is, all

non-chlorophyll-bearing plants of a lower order than mosses and liverworts, as, for

example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in

living humans or other animals, and those on or in processed food, beverages, or

pharmaceuticals.

11. "Fungicide" means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any fungi.

12. "Herbicide" means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any weed.

13. "Inert ingredient" means an ingredient that is not an active ingredient.

14. "Ingredient statement" means:

a. A statement of the name and percentage of each active ingredient, together with

the total percentage of the inert ingredients, in the pesticide; or

b. A statement of the name of all active ingredients in the order of their

predominance in the product, together with the name of each and total

percentage of any inert ingredients in the pesticide, except subdivision a applies if

the preparation is highly toxic to humans, determined as provided in section

4.1-34-06, and in addition to subsections 1 and 2 of section 4.1-34-06. If the

pesticide contains arsenic in any form, a statement must contain the percentages

of total and water-soluble arsenic, each calculated as elemental arsenic.

15. "Insect" means any of the numerous small invertebrate animals generally having the

body more or less obviously segmented, for the most part belonging to the class

insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs,

bees, flies, and to other allied classes of arthropods whose members are wingless and

usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and

wood lice.

16. "Insecticide" means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any insects that may be present in any environment.

17. "Label" means the written, printed, or graphic matter on, or attached to, the pesticide

or device, or any of its containers or wrappers.

18. "Labeling" means all labels and other written, printed, or graphic matter:

a. Upon the pesticide or device or any of its containers or wrappers;

b. Accompanying the pesticide or device at any time; or

c. To which reference is made on the label or in literature accompanying the

pesticide or device, except when accurate, nonmisleading reference is made to

current official publications of a state or federal agency, state agricultural

experiment station, or state agricultural college.

19. "Misbranded" applies:

a. To any pesticide or device if its labeling bears any statement, design, or graphic

representation relative to the pesticide or device or to its ingredients which is

false or misleading in any particular; and

b. To any pesticide:

(1) If the pesticide is an imitation of or is offered for sale under the name of

another pesticide;

(2) If the pesticide's labeling bears any reference to registration under this

chapter;

(3) If the labeling accompanying the pesticide does not contain directions for

use which are necessary and, if complied with, adequate to protect health

and the environment;

(4) If the label does not contain a warning or caution statement that may be

necessary and, if complied with, adequate to protect health and the

environment;

(5) If the label does not bear an ingredient statement on that part of the

immediate container and, if there is an outside container or wrapper, if the

outside container or wrapper does not have affixed a correct copy of the

required labeling information from the immediate container or does not

contain an opening through which the ingredient statement on the

immediate container can be clearly read, of the retail package that is

presented or displayed under customary conditions of purchase; except that

a pesticide is not misbranded under this subsection if:

(a) The size or form of the immediate container, or the outside container

or wrapper of the retail package, makes it impracticable to place the

ingredient statement on the part that is presented or displayed under

customary conditions of purchase; and

(b) The ingredient statement appears prominently on another part of the

immediate container, or outside container or wrapper, permitted by the

commissioner;

(6) The labeling does not contain a statement of the use classification under

which the product is registered if the product is a restricted use pesticide;

(7) There is no label information affixed to its container, and, if there is an

outside container or wrapper of the retail package, there is no label

information affixed to the outside container or wrapper and the outside

container or wrapper does not contain an opening through which the label

information on the immediate container can be clearly read. The label

information must include:

(a) The name and address of the producer, registrant, or person for whom

produced;

(b) The name, brand, or trademark under which the pesticide is sold; and

(c) The net weight or measure of the content;

(8) The pesticide contains any substance or substances in quantities highly

toxic to humans, unless the label bears, in addition to any other matter

required by this chapter:

(a) The skull and crossbones;

(b) The word "poison" prominently in red on a background of distinctly

contrasting color; and

(c) A statement of a first aid or other practical treatment in case of

poisoning by the pesticide;

(9) If any word, statement, or other information required under this chapter to

appear on the labeling is not prominently placed thereon with such

conspicuousness, as compared with other words, statements, designs, or

graphic matter in the labeling, and in such terms as to render it likely to be

read and understood by the ordinary individual under customary conditions

of purchase and use;

(10) If in the case of an insecticide, nematocide, fungicide, or herbicide, when

used as directed or in accordance with commonly recognized practice, it is

injurious to humans or vertebrate animals or vegetation, except weeds to

which it is applied, or to the individual applying the pesticide; or

(11) If a plant regulator, defoliant, or desiccant when used as directed is injurious

to humans or vertebrate animals, or the vegetation to which it is applied. The

physical or physiological effect on plants may not be deemed injurious when

this is the purpose for which the plant regulator, defoliant, or desiccant is

applied in accordance with label claims and recommendations.

20. "Nematocide" means any substance intended to prevent, destroy, repel, or mitigate

nematodes.

21. "Nematode" means any of the nonsegmented roundworms harmful to agricultural

plants.

22. "Person" means any individual, partnership, association, corporation, limited liability

company, or organized group of persons whether incorporated or not.

23. "Pest" means any insect, rodent, nematode, fungus, weed, or any other form of

terrestrial or aquatic plant or animal life, viruses, bacteria, or other micro-organisms

except viruses, bacteria, or other micro-organisms on or in living humans or animals.

24. "Pesticide" means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pests and any substance or mixture of

substances intended for use as a plant regulator, defoliant, or desiccant.

25. "Plant regulator" means any substance or mixture of substances intended, through

physiological action, to accelerate or retard the rate of growth or maturation, or to

otherwise alter the behavior of ornamental or crop plants or the produce thereof, but

does not include substances insofar as they are intended to be used as plant nutrients,

trace elements, nutritional chemicals, plant inoculants, or soil amendments. The term

"plant regulator" does not include any of such of those nutrient mixtures or soil

amendments as are commonly known as vitamin-hormone horticultural products,

intended for improvement, maintenance, survival, health, and propagation of plants,

and as are not for pest destruction and are nontoxic and nonpoisonous in the undiluted

packaged concentration.

26. "Protect health and environment" means protection against any unreasonable adverse

effects on the environment.

27. "Registrant" means the person registering any pesticide pursuant to this chapter.

28. "Restricted use pesticides" means any pesticide formulation that is classified for

restricted use by the United States environmental protection agency. The term also

includes a pesticide formulation classified for restricted use by the commissioner under

section 4.1-34-06.

29. "Rodenticide" means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating rodents or any other vertebrate animal that the

commissioner declares to be a pest.

30. "Snails" or "slugs" includes all harmful agricultural mollusks.

31. "Unreasonable adverse effects on the environment" means any unreasonable risk to

humans or the environment, taking into account the economic, social, and

environmental costs and benefits of the use of any pesticide.

32. "Weed" means any plant that grows where not wanted.
N.D. Cent. Code § 4.1-25-01 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-01
4.1-25-01. Definitions
Status: in_force

4.1-25-01. Definitions

1. "Cheese factory" means a facility that makes cheese for commercial purposes.

2. "Commissioner" means the agriculture commissioner or the commissioner's designee.

3. "Condensery" means a facility where condensed or evaporated milk is produced.

4. "Dairy animal" means any healthy four-legged hooved mammal maintained for the

commercial production of milk to be offered for sale for use in the processing or

manufacturing of milk or dairy products.

5. "Dairy farm" means a place where one or more dairy animals are kept.

6. "Dairy product" includes milk, cream, sour cream, butter cream, butter, skimmed milk,

ice cream, whipped cream, flavored milk or skim milk drink, dried or powdered milk,

cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix,

sherbet, condensed milk, evaporated milk, or concentrated milk.

7. "Department" means the department of agriculture.

8. "Distributor" means a person that provides storage, transportation, delivery, or

distribution of dairy products to any person who sells dairy products.

9. "Drying plant" means a facility that manufactures dry milk products by removing water

from milk or milk products.

10. "Filled dairy products" means any milk, cream, or skimmed milk, or any combination of

them, whether or not condensed, evaporated, concentrated, frozen, powdered, dried,

or desiccated, or any food product made or manufactured from those products, to

which has been added, blended, or compounded with, any fat or oil, other than milk

fat, to imitate a dairy product. "Filled dairy products" may not be construed to mean or

include:

a. Any distinctive proprietary food compound not readily mistaken for a dairy

product, if the compound is customarily used on the order of a physician and is

prepared and designed for medicinal or special dietary use and prominently so

labeled;

b. Any dairy product flavored with chocolate or cocoa or the vitamin content of which

has been increased, or both, if the fats or oils other than milk fat contained in the

product do not exceed the amount of cacao fat naturally present in the chocolate

or cocoa used and the food oil, not in excess of one-hundredth per centum of the

weight of the finished product, used as a carrier of such vitamins; or

c. Margarine.

11. "Grading" means the examination of milk or milk products by sight, odor, taste, or

laboratory analysis, the results of which determine a rating of the quality of the

product.

12. "Ice cream plant" means a facility that makes ice cream for commercial purposes.

13. "Ice milk plant" means a facility that makes ice milk for commercial purposes.

14. "Imitation milk" or "imitation milk product" means a food product or food compound

made to resemble milk or a milk product when any of the following occurs:

a. The food physically resembles milk or a milk product. "Physical resemblance"

means those characteristics relating to the composition of food, including fat and

moisture content, nonfat solids content, and functional ingredient or food additive

content such as emulsifiers, stabilizers, flavor, or color additives.

b. The packaging used resembles the packaging used for milk or for a milk product.

c. The food product or food compound is displayed in a retail establishment in the

same manner as milk or a milk product.

d. Verbal or pictorial expressions are used on the food products or food compounds,

labeling, or in advertisements or other similar devices used to promote the food

products or food compounds that state or imply that the food is milk or a milk

product.

e. The food product or food compound in any other way is manufactured, packaged,

or labeled so as to resemble the identity, intended use, or physical and sensory

properties of milk or a milk product. "Physical and sensory properties" means

those characteristics relating to flavor, texture, smell, and appearance of a food

product or food compound.

15. "Milk" means the lacteal secretion, practically free of colostrum, obtained by the

complete milking of a healthy hooved mammal, including any member of the order

Cetartiodactyla and including a member of the family:

a. Bovidae, including cattle, water buffalo, sheep, goats, and yaks;

b. Cervidae, including deer, reindeer, and moose;

c. Equidae, including horses and donkeys; and

d. Camelidae, including llamas, alpacas, and camels.

16. "Milk hauler" means a person that owns vehicles used to transport raw milk from a

dairy farm to a dairy facility.

17. "Milk plant or bottling plant" means a facility where milk or milk products are collected,

handled, processed, stored, and prepared for distribution.

18. "Milk solids or total solids" means the total amount of solids in milk.

19. a. "Pasteurization" as applied to milk or skim milk means either:

(1) The process of heating every particle of milk to at least one hundred

forty-five degrees Fahrenheit [62.78 degrees Celsius] and cream and other

milk products to at least one hundred fifty degrees Fahrenheit [65.55

degrees Celsius], and holding it at that temperature continuously for at least

thirty minutes; or

(2) Heating every particle of milk to at least one hundred sixty-one degrees

Fahrenheit [71.67 degrees Celsius] and cream and other milk products to at

least one hundred sixty-six degrees Fahrenheit [74.44 degrees Celsius], and

holding it at that temperature continuously for at least fifteen seconds in

approved and properly operated equipment.

b. When applied to cream for butter making, "pasteurization" means the cream must

be held at a temperature of not less than one hundred sixty-five degrees

Fahrenheit [73.89 degrees Celsius] for at least thirty minutes or not less than one

hundred eighty-five degrees Fahrenheit [85.00 degrees Celsius] for at least

fifteen seconds.

c. This subsection may not be construed as barring any other process that has been

demonstrated to be equally efficient which assures proper pasteurization and

keeping quality, which is consistent with the most desirable quality, and which is

approved by the commissioner.

20. "Pasteurized milk ordinance" means the 2023 revision of the Grade "A" Pasteurized

Ordinance issued by the United States food and drug administration and by the United

States department of agriculture's public health service.

21. "Peddler" means a person that purchases milk or milk products and sells the milk or

milk products directly to consumers at any place other than from a store, stand, or

other fixed place of business.

22. "Person" means individuals, firms, partnerships, associations, trusts, estates,

corporations, and limited liability companies, and any and all other business units,

devices, or arrangements.

23. "Processing or manufacturing" means the treatment of milk or milk products by

pasteurizing, bottling, churning, adding flavors to, freezing, dehydrating, packaging,

coagulating, or treating in any manner that changes the natural, physical, or chemical

properties of the original product.

24. "Producer dairy" means a dairy farm that sells milk or cream to a dairy plant for

processing or manufacturing.

25. "Producer-processor" or "producer-distributor" means a producer that is also a

processor or distributor.

26. "Raw milk or raw milk products" means products that have not been treated by the

process of pasteurization.

27. "Retail" means the sale of milk or milk products directly to the consumer.

28. "Sampler" means a person, other than a milk producer or dairy plant employee, who

transports samples for official use of raw milk or milk products from a dairy farm to a

dairy facility.

29. "Sampling" means a procedure taking a portion of milk or milk products for grading or

testing.

30. "Shared animal ownership agreement" means any contractual arrangement under

which an individual:

a. Acquires an ownership interest in a milk-producing animal;

b. Agrees to pay another for, reimburse another for, or otherwise accept financial

responsibility for the care and boarding of the milk-producing animal at the dairy

farm; and

c. Is entitled to receive a proportionate share of the animal's raw milk production as

a condition of the contractual arrangement.

31. "Skim milk solids or solids-not-fat" means the total solids in milk after all fat has been

removed.

32. "Standard Methods" means the seventeenth edition of the Standard Methods for the

Examination of Dairy Products published by the American public health association.

33. "Testing" means an examination of milk or milk products by sight, odor, taste, or

laboratory analysis to determine the quality, wholesomeness, or composition of the

product.

34. "Wholesale" means the sale of milk or milk products to a retail dealer for resale.
N.D. Cent. Code § 41-09-02 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-02
41-09-02. (9-102) Definitions and index of definitions
Status: in_force

41-09-02. (9-102) Definitions and index of definitions

1. In this chapter:

a. "Accession" means goods that are physically united with other goods in such a

manner that the identity of the original goods is not lost.

b. "Account", except as used in "account for", "account statement", "account to",

"commodity account" in subdivision p, "customer's account", "deposit account" in

subdivision gg, "on account of", and "statement of account", means:

(1) A right to payment of a monetary obligation, regardless of whether earned

by performance:

(a) For property that has been or is to be sold, leased, licensed, assigned,

or otherwise disposed of;

(b) For services rendered or to be rendered;

(c) For a policy of insurance issued or to be issued;

(d) For a secondary obligation incurred or to be incurred;

(e) For energy provided or to be provided;

(f) For the use or hire of a vessel under a charter or other contract;

(g) Arising out of the use of a credit or charge card or information

contained on or for use with the card; or

(h) As winnings in a lottery or other game of chance operated or

sponsored by a state, governmental unit of a state, or person licensed

or authorized to operate the game by a state or governmental unit of a

state.

(2) The term includes controllable accounts and a health care insurance

receivable. The term does not include:

(a) Chattel paper;

(b) Commercial tort claim;

(c) Deposit account;

(d) Investment property;

(e) Letter-of-credit right or letters of credit;

(f) Right to payment for any money or fund advanced or sold, other than

a right arising out of the use of a credit or charge card or information

contained on or for use with the card;

(g) Certificate of deposit; or

(h) Rights to payment evidenced by an instrument.

c. "Account debtor" means a person obligated on an account, chattel paper, or

general intangible. The term does not include a person obligated to pay a

negotiable instrument, even if the negotiable instrument evidences chattel paper.

d. "Accounting", except as used in "accounting for", means a record:

(1) Signed by a secured party;

(2) Indicating the aggregate unpaid secured obligations as of a date not more

than thirty-five days earlier or thirty-five days later than the date of the

record; and

(3) Identifying the components of the obligations in reasonable detail.

e. "Agricultural lien" means an interest in farm products:

(1) That secures payment or performance of an obligation for:

(a) Goods or services furnished in connection with a debtor's farming

operation or in connection with processing, production, or entrustment

of the farm products; or

(b) Rent on real property leased by a debtor in connection with the

debtor's farming operation;

(2) That is created by statute in favor of a person that:

(a) Furnished goods or services in connection with processing,

production, or entrustment of the farm product or in the ordinary

course of that person's business furnished goods or services to a

debtor in connection with a debtor's farming operation; or

(b) Leased real property to a debtor in connection with the debtor's

farming operation; and

(3) Of which the effectiveness does not depend on the person's possession of

the personal property.

f. "As-extracted collateral" means:

(1) Oil, gas, or other mineral that is subject to a security interest that:

(a) Is created by a debtor having an interest in the mineral before

extraction; and

(b) Attaches to the mineral as extracted; or

(2) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or

other mineral in which the debtor had an interest before extraction.

g. "Assignee", except as used in "assignee for benefit of creditors", means a person

in whose favor a security interest that secures an obligation is created or provided

for under a security agreement, whether or not the obligation is outstanding or to

which an account, chattel paper, payment intangible, or promissory note has

been sold. The term includes a person to which a security interest has been

transferred by a secured party.

h. "Assignor" means a person that under a security agreement creates or provides

for a security interest that secures an obligation or sells an account, chattel paper,

payment intangible, or promissory note. The term includes a secured party that

has transferred a security interest to another person.

i. "Bank" means an organization engaged in the business of banking. The term

includes a savings bank, savings and loan association, credit union, and trust

company.

j. "Cash proceeds" means proceeds that are money, checks, deposit accounts,

certificates of deposit, or the like.

k. "Certificate of deposit" means a bank record of a sum of money which has been

received by the bank and a promise made by the bank to repay the sum of

money. The term does not include a deposit account. A certificate of deposit may

be negotiable, non-negotiable, nontransferable, certificated, or uncertificated.

l. "Certificate of title" means a certificate of title with respect to which a statute

provides for the security interest in question to be indicated on the certificate as a

condition or result of the security interest's obtaining priority over the rights of a

lien creditor with respect to the collateral. The term includes another record

maintained as an alternative to a certificate of title by the governmental unit that

issues certificates of title if a statute permits the security interest in question to be

indicated on the record as a condition or result of the security interest's obtaining

priority over the rights of a lien creditor with respect to the collateral.

m. "Certificated certificate of deposit" means a certificate of deposit that is

represented by a certificate.

n. "Chattel paper":

(1) Means:

(a) A right to payment of a monetary obligation secured by specific goods,

if the right to payment and security agreement are evidenced by a

record; or

(b) A right to payment of a monetary obligation owed by a lessee under a

lease agreement with respect to specific goods and a monetary

obligation owed by the lessee in connection with the transaction giving

rise to the lease, if:

[1] The right to payment and lease agreement are evidenced by a

record; and

[2] The predominant purpose of the transaction giving rise to the

lease was to give the lessee the right to possession and use of

the goods.

(2) Does not include a right to payment arising out of a charter or other contract

involving the use or hire of a vessel or a right to payment arising out of the

use of a credit or charge card or information contained on or for use with the

card.

o. "Collateral" means the property subject to a security interest or agricultural lien.

The term includes:

(1) Proceeds to which a security interest attaches;

(2) Accounts, chattel paper, payment intangibles, and promissory notes that

have been sold; and

(3) Goods that are the subject of a consignment.

p. "Commercial tort claim" means a claim arising in tort with respect to which:

(1) The claimant is an organization; or

(2) The claimant is an individual and the claim:

(a) Arose in the course of the claimant's business or profession; and

(b) Does not include damages arising out of personal injury to or the

death of an individual.

q. "Commodity account" means an account maintained by a commodity

intermediary in which a commodity contract is carried for a commodity customer.

r. "Commodity contract" means a commodity futures contract, an option on a

commodity futures contract, a commodity option, or another contract if the

contract or option is:

(1) Traded on or subject to the rules of a board of trade that has been

designated as a contract market for such a contract pursuant to federal

commodities laws; or

(2) Traded on a foreign commodity board of trade, exchange, or market and is

carried on the books of a commodity intermediary for a commodity

customer.

s. "Commodity customer" means a person for which a commodity intermediary

carries a commodity contract on the intermediary's books.

t. "Commodity intermediary" means a person that:

(1) Is registered as a futures commission merchant under federal commodities

law; or

(2) In the ordinary course of the person's business provides clearance or

settlement services for a board of trade that has been designated as a

contract market pursuant to federal commodities law.

u. "Communicate" means:

(1) To send a written or other tangible record;

(2) To transmit a record by any means agreed upon by the persons sending and

receiving the record; or

(3) In the case of transmission of a record to or by a filing office, to transmit a

record by any means prescribed by filing-office rule.

v. "Consignee" means a merchant to which goods are delivered in a consignment.

w. "Consignment" means a transaction, regardless of form, in which a person

delivers goods to a merchant for the purpose of sale and:

(1) The merchant:

(a) Deals in goods of that kind under a name other than the name of the

person making delivery;

(b) Is not an auctioneer; and

(c) Is not generally known by its creditors to be substantially engaged in

selling the goods of others;

(2) With respect to each delivery, the aggregate value of the goods is one

thousand dollars or more at the time of delivery;

(3) The goods are not consumer goods immediately before delivery; and

(4) The transaction does not create a security interest that secures an

obligation.

x. "Consignor" means a person that delivers goods to a consignee in a

consignment.

y. "Consumer debtor" means a debtor in a consumer transaction.

z. "Consumer goods" means goods that are used or bought for use primarily for

personal, family, or household purposes.

aa. "Consumer-goods transaction" means a consumer transaction in which:

(1) An individual incurs an obligation primarily for personal, family, or household

purposes; and

(2) A security interest in consumer goods secures the obligation.

bb. "Consumer obligor" means an obligor who is an individual and who incurred the

obligation as part of a transaction entered into primarily for personal, family, or

household purposes.

cc. "Consumer transaction" means a transaction in which:

(1) An individual incurs an obligation primarily for personal, family, or household

purposes;

(2) A security interest secures the obligation; and

(3) The collateral is held or acquired primarily for personal, family, or household

purposes. The term includes consumer-goods transactions.

dd. "Continuation statement" means an amendment of a financing statement which:

(1) Identifies, by its file number, the initial financing statement to which it relates;

and

(2) Indicates that it is a continuation statement for, or that it is filed to continue

the effectiveness of, the identified financing statement.

ee. "Controllable account" means an account evidenced by a controllable electronic

record that provides that the account debtor undertakes to pay the person that

has control under section 41-12-05 of the controllable electronic record.

ff. "Controllable payment intangible" means a payment intangible evidenced by a

controllable electronic record that provides that the account debtor undertakes to

pay the person that has control under section 41-12-05 of the controllable

electronic record.

gg. "Debtor" means:

(1) A person having an interest, other than a security interest or other lien, in

the collateral, regardless of whether the person is an obligor;

(2) A seller of accounts, chattel paper, payment intangibles, or promissory

notes; or

(3) A consignee.

hh. "Deposit account" means a demand, time, savings, passbook, or similar account

maintained with a bank. The term does not include investment property, a United

States central bank digital currency, or an account evidenced by a certificate of

deposit or an instrument.

ii. "Document" means a document of title or a receipt of the type described in

subsection 2 of section 41-07-07.

jj. "Electronic money" means money in an electronic form.

kk. "Encumbrance" means a right, other than an ownership interest, in real property.

The term includes mortgages and other liens on real property.

ll. "Equipment" means goods other than inventory, farm products, or consumer

goods.

mm. "Farm products" means goods, other than standing timber, subject to a lien

created under chapter 35-17, 35-30, or 35-31, or with respect to which the debtor

is engaged in a farming operation and which are:

(1) Crops grown, growing, or to be grown, including:

(a) Crops produced on trees, vines, and bushes; and

(b) Aquatic goods produced in aquacultural operations;

(2) Livestock, born or unborn, including aquatic goods produced in aquacultural

operations;

(3) Supplies used or produced in a farming operation; or

(4) Products of crops or livestock in their unmanufactured states.

nn. "Farming operation" means raising, cultivating, propagating, fattening, grazing, or

any other farming, livestock, or aquacultural operation.

oo. "File number" means the number assigned to an initial financing statement

pursuant to subsection 1 of section 41-09-90.

pp. "Filing office" means an office designated in section 41-09-72 as the place to file

a financing statement.

qq. "Filing-office rule" means a rule adopted under section 41-09-97.

rr. "Financing statement" means a record composed of an initial financing statement

and any filed record relating to the initial financing statement.

ss. "Fixture filing" means the filing of a financing statement covering goods that are

or are to become fixtures and satisfying subsections 1 and 2 of section 41-09-73.

The term includes the filing of a financing statement covering goods of a

transmitting utility which are or are to become fixtures.

tt. "Fixtures" means goods that have become so related to particular real property

that an interest in them arises under real property law.

uu. "General intangible" means any personal property, including things in action,

other than accounts, certificates of deposit, chattel paper, commercial tort claims,

deposit accounts, documents, goods, instruments, investment property,

letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals

before extraction. The term includes controllable electronic records, payment

intangibles, and software.

vv. "Goods" means all things that are movable when a security interest attaches.

(1) The term includes:

(a) Fixtures;

(b) Standing timber that is to be cut and removed under a conveyance or

contract for sale;

(c) The unborn young of animals;

(d) Crops grown, growing, or to be grown, even if the crops are produced

on trees, vines, or bushes; and

(e) Manufactured homes.

(2) The term also includes a computer program embedded in goods and any

supporting information provided in connection with a transaction relating to

the program if:

(a) The program is associated with the goods in such a manner that the

program is customarily considered part of the goods; or

(b) By becoming the owner of the goods, a person acquires a right to use

the program in connection with the goods.

(3) The term does not include a computer program embedded in goods that

consist solely of the medium in which the program is embedded. The term

also does not include accounts, certificates of deposit, chattel paper,

commercial tort claims, deposit accounts, documents, general intangibles,

instruments, investment property, letter-of-credit rights, letters of credit,

money, or oil, gas, or other minerals before extraction.

ww. "Governmental unit" means a subdivision, agency, department, county, parish,

municipality, or other unit of the government of the United States, a state, or a

foreign country. The term includes an organization having a separate corporate

existence if the organization is eligible to issue debt on which interest is exempt

from income taxation under the laws of the United States.

xx. "Health care insurance receivable" means an interest in or claim under a policy of

insurance which is a right to payment of a monetary obligation for health care

goods or services provided or to be provided.

yy. "Instrument" means a negotiable instrument or any other writing that evidences a

right to the payment of a monetary obligation, is not itself a security agreement or

lease, and is of a type that in ordinary course of business is transferred by

delivery with any necessary indorsement or assignment. The term does not

include:

(1) Certificates of deposit;

(2) Investment property;

(3) Letters of credit;

(4) Writings that evidence a right to payment arising out of the use of a credit or

charge card or information contained on or for use with the card; or

(5) Writings that evidence chattel paper.

zz. "Inventory" means goods, other than farm products, that:

(1) Are leased by a person as lessor;

(2) Are held by a person for sale or lease or to be furnished under a contract of

service;

(3) Are furnished by a person under a contract of service; or

(4) Consist of raw materials, work in process, or materials used or consumed in

a business.

aaa. "Investment property" means a security, whether certificated or uncertificated,

security entitlement, securities account, commodity contract, or commodity

account.

bbb. "Jurisdiction of organization", with respect to a registered organization, means the

jurisdiction under whose law the organization is organized.

ccc. "Letter-of-credit right" means a right to payment or performance under a letter of

credit, regardless of whether the beneficiary has demanded or is at the time

entitled to demand payment or performance. The term does not include the right

of a beneficiary to demand payment or performance under a letter of credit.

ddd. "Lien creditor" means:

(1) A creditor that has acquired a lien on the property involved by attachment,

levy, or the like;

(2) An assignee for benefit of creditors from the time of assignment;

(3) A trustee in bankruptcy from the date of the filing of the petition; or

(4) A receiver in equity from the time of appointment.

eee. "Manufactured home" means a structure, transportable in one or more sections,

that, in the traveling mode, is eight body feet [2.44 meters] or more in width or

forty body feet [12.19 meters] or more in length, or, when erected on site, is three

hundred twenty square feet [29.73 square meters] or more, and which is built on

a permanent chassis and designed to be used as a dwelling with or without a

permanent foundation when connected to the required utilities, and includes the

plumbing, heating, air-conditioning, and electrical systems contained therein. The

term includes any structure that meets all of the requirements of this subdivision

except the size requirements and with respect to which the manufacturer

voluntarily files a certification required by the United States secretary of housing

and urban development and complies with the standards established under

title 42 of the United States Code.

fff. "Manufactured-home transaction" means a secured transaction:

(1) Which creates a purchase-money security interest in a manufactured home,

other than a manufactured home held as inventory; or

(2) In which a manufactured home, other than a manufactured home held as

inventory, is the primary collateral.

ggg. "Money" has the meaning in subsection 2 of section 41-01-09, but does not

include a deposit account or money in an electronic form that cannot be

subjected to control under section 41-09-05.1.

hhh. "Mortgage" means a consensual interest in real property, including fixtures, that

secures payment or performance of an obligation.

iii. "New debtor" means a person that becomes bound as debtor under subsection 4

of section 41-09-13 by a security agreement previously entered into by another

person.

jjj. "New value" means:

(1) Money;

(2) Money's worth in property, services, or new credit; or

(3) Release by a transferee of an interest in property previously transferred to

the transferee.

The term does not include an obligation substituted for another obligation.

kkk. "Noncash proceeds" means proceeds other than cash proceeds.

lll. "Non-negotiable certificate of deposit" means a bank record that contains an

acknowledgment that a sum of money has been received by the issuer and a

promise by the issuer to repay the sum of money other than a deposit account or

negotiable instrument.

mmm. "Nontransferable certificate of deposit" means a non-negotiable certificate of

deposit which may be transferred only on the books of the issuer, with the

consent of the issuer, or subject to other restrictions or considerations of the

issuer on transfer. The term does not include a deposit account.

nnn. "Obligor" means a person that, with respect to an obligation secured by a security

interest in or an agricultural lien on the collateral:

(1) Owes payment or other performance of the obligation;

(2) Has provided property other than the collateral to secure payment or other

performance of the obligation; or

(3) Is otherwise accountable in whole or in part for payment or other

performance of the obligation.

The term does not include issuers or nominated persons under a letter of credit.

ooo. "Original debtor", except as used in subsection 3 of section 41-09-30, means a

person that, as debtor, entered into a security agreement to which a new debtor

has become bound under subsection 4 of section 41-09-13.

ppp. "Payment intangible" means a general intangible under which the account

debtor's principal obligation is a monetary obligation. The term includes a

controllable payment intangible.

qqq. "Person related to", with respect to an individual, means:

(1) The spouse of the individual;

(2) A brother, brother-in-law, sister, or sister-in-law of the individual;

(3) An ancestor or lineal descendant of the individual or the individual's spouse;

or

(4) Any other relative, by blood or marriage, of the individual or the individual's

spouse who shares the same home with the individual.

rrr. "Person related to", with respect to an organization, means:

(1) A person directly or indirectly controlling, controlled by, or under common

control with the organization;

(2) An officer or director of, or a person performing similar functions with respect

to, the organization;

(3) An officer or director of, or a person performing similar functions with respect

to, a person described in paragraph 1;

(4) The spouse of an individual described in paragraph 1, 2, or 3; or

(5) An individual who is related by blood or marriage to an individual described

in paragraph 1, 2, 3, or 4 and shares the same home with the individual.

sss. "Proceeds", except as used in subsection 2 of section 41-09-106, means the

following property:

(1) Whatever is acquired upon the sale, lease, license, exchange, or other

disposition of collateral;

(2) Whatever is collected on, or distributed on account of, collateral;

(3) Rights arising out of collateral;

(4) To the extent of the value of collateral, claims arising out of the loss,

nonconformity, or interference with the use of, defects or infringement of

rights in, or damage to, the collateral; or

(5) To the extent of the value of collateral and to the extent payable to the

debtor or the secured party, insurance payable by reason of the loss or

nonconformity of, defects or infringement of rights in, or damage to, the

collateral.

ttt. "Promissory note" means an instrument that evidences a promise to pay a

monetary obligation, does not evidence an order to pay, and does not contain an

acknowledgment by a bank that the bank has received for deposit a sum of

money or funds.

uuu. "Proposal" means a record signed by a secured party which includes the terms

on which the secured party is willing to accept collateral in full or partial

satisfaction of the obligation it secures under sections 41-09-115 through

41-09-117.

vvv. "Public organic record" means a record that is available to the public for

inspection and which is:

(1) A record consisting of the record initially filed with or issued by a state or the

United States to form or organize an organization and any record filed with

or issued by the state or the United States which amends or restates the

initial record;

(2) An organic record of a business trust consisting of the record initially filed

with a state and any record filed with the state which amends or restates the

initial record, if a statute of the state governing business trusts requires that

the record be filed with the state; or

(3) A record consisting of legislation enacted by the legislature of a state or the

Congress of the United States which forms or organizes an organization,

any record amending the legislation, and any record filed with or issued by

the state or United States which amends or restates the name of the

organization.

www. "Pursuant to commitment", with respect to an advance made or other value given

by a secured party, means pursuant to the secured party's obligation, regardless

of whether a subsequent event of default or other event not within the secured

party's control has relieved or may relieve the secured party from the secured

party's obligation.

xxx. "Record", except as used in "for record", "of record", "record or legal title", and

"record owner", means information that is inscribed on a tangible medium or

which is stored in an electronic or other medium and is retrievable in perceivable

form.

yyy. "Registered organization" means an organization formed or organized solely

under the law of a single state or the United States by the filing of a public organic

record with, the issuance of a public organic record by, or the enactment of

legislation by the state or United States. The term includes a business trust that is

formed or organized under the law of a single state if a statute of the state

governing business trusts requires that the business trust's organic record be

filed with the state.

zzz. "Secondary obligor" means an obligor to the extent that:

(1) The obligor's obligation is secondary; or

(2) The obligor has a right of recourse with respect to an obligation secured by

collateral against the debtor, another obligor, or property of either.

aaaa. "Secured party" means:

(1) A person in whose favor a security interest is created or provided for under a

security agreement, regardless of whether any obligation to be secured is

outstanding;

(2) A person that holds an agricultural lien;

(3) A consignor;

(4) A person to which accounts, chattel paper, payment intangibles, or

promissory notes have been sold;

(5) A trustee, indenture trustee, agent, collateral agent, or other representative

in whose favor a security interest or agricultural lien is created or provided

for; or

(6) A person that holds a security interest arising under section 41-02-46,

section 41-02-53, subsection 3 of section 41-02-90, subsection 5 of section

41-02.1-56, section 41-04-22, or section 41-05-18.

bbbb. "Security agreement" means an agreement that creates or provides for a security

interest.

cccc. "Software" means a computer program and any supporting information provided

in connection with a transaction relating to the program. The term does not

include a computer program that is included in the definition of goods.

dddd. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory

or insular possession subject to the jurisdiction of the United States.

eeee. "Supporting obligation" means a letter-of-credit right or secondary obligation that

supports the payment or performance of an account, chattel paper, a document, a

general intangible, an instrument, or investment property.

ffff. "Tangible money" means money in a tangible form.

gggg. "Termination statement" means an amendment of a financing statement which:

(1) Identifies, by the amendment's file number, the initial financing statement to

which it relates; and

(2) Indicates either that the amendment is a termination statement or that the

identified financing statement is no longer effective.

hhhh. "Transmitting utility" means a person primarily engaged in the business of:

(1) Operating a railroad, subway, street railway, or trolley bus;

(2) Transmitting communications electrically, electromagnetically, or by light;

(3) Transmitting goods by pipeline or sewer; or

(4) Transmitting or producing and transmitting electricity, steam, gas, or water.

iiii. "Uncertificated certificate of deposit" means an obligation of a bank to repay a

sum of money that it has received which is not represented by a certificate, but

only by an entry on the books of the bank and any documentation given to the

customer by the bank. The term does not include a deposit account.

2. "Control" as provided under section 41-07-06 and the following definitions in other

chapters apply to this chapter:

a. "Applicant". Section 41-05-02.

b. "Beneficiary". Section 41-05-02.

c. "Broker". Section 41-08-02.

d. "Certificated security". Section 41-08-02.

e. "Check". Section 41-03-04.

f. "Clearing corporation". Section 41-08-02.

g. "Contract for sale". Section 41-02-06.

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

i. "Customer". Section 41-04-04.

j. "Entitlement holder". Section 41-08-02.

k. "Financial asset". Section 41-08-02.

l. "Holder in due course". Section 41-03-28.

m. "Issuer" (with respect to a letter of credit or letter-of-credit right). Section

41-05-02.

n. "Issuer" (with respect to a security). Section 41-08-17.

o. "Issuer" (with respect to documents of title). Section 41-07-02.

p. "Lease". Section 41-02.1-03.

q. "Lease agreement". Section 41-02.1-03.

r. "Lease contract". Section 41-02.1-03.

s. "Leasehold interest". Section 41-02.1-03.

t. "Lessee". Section 41-02.1-03.

u. "Lessee in ordinary course of business". Section 41-02.1-03.

v. "Lessor". Section 41-02.1-03.

w. "Lessor's residual interest". Section 41-02.1-03.

x. "Letter of credit". Section 41-05-02.

y. "Merchant". Section 41-02-04.

z. "Negotiable instrument". Section 41-03-04.

aa. "Nominated person". Section 41-05-02.

bb. "Note". Section 41-03-04.

cc. "Proceeds of a letter of credit". Section 41-05-14.

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

ee. "Prove". Section 41-03-03.

ff. "Qualifying purchaser". Section 41-12-02.

gg. "Sale". Section 41-02-06.

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

ii. "Securities intermediary". Section 41-08-02.

jj. "Security". Section 41-08-02.

kk. "Security certificate". Section 41-08-02.

ll. "Security entitlement". Section 41-08-02.

mm. "Uncertificated security". Section 41-08-02.

3. Chapter 41-01 contains general definitions and principles of construction and

interpretation applicable throughout this chapter.
N.D. Cent. Code § 4.1-01-23 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-23
4.1-01-23. Wind energy restoration and reclamation oversight program
Status: in_force

4.1-01-23. Wind energy restoration and reclamation oversight program

1. The agriculture commissioner shall establish a program that provides technical

assistance, support, and outreach to property owners on wind property restoration and

followup support to property owners on wind property reclamation.

2. The agriculture commissioner may contract for ombudsmen for purposes of being a

resource for technical assistance and followup on wind property issues. The

ombudsmen may not investigate or assist in any easement negotiations.

3. The agriculture commissioner may contract with local individuals, deemed trustworthy

by property owners, to be ombudsmen. The agriculture commissioner is not subject to

chapter 54-44.4 when contracting for the services of ombudsmen.

4. The agriculture commissioner shall work in cooperation with the public service

commission to carry out the duties described in this section.
N.D. Cent. Code § 4.1-26-07 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-07
4.1-26-07. Director
Status: in_force

4.1-26-07. Director

The board shall employ and compensate a director and annually review the appointment of

the director. The director serves at the pleasure of the board.
N.D. Cent. Code § 4.1-26-33 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-33
4.1-26-33. License - Suspension and revocation
Status: in_force

4.1-26-33. License - Suspension and revocation

1. The board may suspend or revoke a license granted to any person under this chapter

if the person violates:

a. This chapter;

b. A milk stabilization plan issued in accordance with this chapter; or

c. Any rule that implements this chapter.

2. The provisions of this subsection do not apply to a dairy farmer.
N.D. Cent. Code § 41-03-37.1 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-37.1
41-03-37.1. (3-312) Lost, destroyed, or stolen cashier's check, teller's check, or certified check
Status: in_force

41-03-37.1. (3-312) Lost, destroyed, or stolen cashier's check, teller's check, or

certified check.

1. In this section:

a. "Check" means a cashier's check, teller's check, or certified check.

b. "Claimant" means a person who claims the right to receive the amount of a check

that was lost, destroyed, or stolen.

c. "Declaration of loss" means a written statement, made under penalty of perjury, to

the effect that:

(1) The declarer lost possession of a check;

(2) The declarer is the drawer or payee of the check in the case of a certified

check, or the remitter or payee of the check in the case of a cashier's check

or teller's check;

(3) The loss of possession was not the result of a transfer by the declarer or a

lawful seizure; and

(4) The declarer cannot reasonably obtain possession of the check because the

check was destroyed, its whereabouts cannot be determined, or it is in the

wrongful possession of an unknown person or a person that cannot be

found or is not amenable to service of process.

d. "Obligated bank" means the issuer of a cashier's check or teller's check or the

acceptor of a certified check.

2. A claimant may assert a claim to the amount of a check by a communication to the

obligated bank describing the check with reasonable certainty and requesting payment

of the amount of the check, if the claimant is the drawer or payee of a certified check

or the remitter or payee of a cashier's check or teller's check, the communication

contains or is accompanied by a declaration of loss of the claimant with respect to the

check, the communication is received at a time and in a manner affording the bank a

reasonable time to act on it before the check is paid, and the claimant provides

reasonable identification if requested by the obligated bank. Delivery of a declaration

of loss is a warranty of the truth of the statements made in the declaration. If a claim is

asserted in compliance with this subsection, the following rules apply:

a. The claim becomes enforceable at the later of the time the claim is asserted, the

ninetieth day following the date of the check in the case of a cashier's check or

teller's check, or the ninetieth day following the date of the acceptance in the

case of a certified check.

b. Until the claim becomes enforceable, it has no legal effect and the obligated bank

may pay the check or, in the case of a teller's check, may permit the drawee to

pay the check. Payment to a person entitled to enforce the check discharges all

liability of the obligated bank with respect to the check.

c. If the claim becomes enforceable before the check is presented for payment, the

obligated bank is not obliged to pay the check.

d. When the claim becomes enforceable, the obligated bank becomes obliged to

pay the amount of the check to the claimant if payment of the check has not been

made to a person entitled to enforce the check. Subject to subdivision a of

subsection 1 of section 41-04-30, payment to the claimant discharges all liability

of the obligated bank with respect to the check.

3. If the obligated bank pays the amount of a check to a claimant under subdivision d of

subsection 2 and the check is presented for payment by a person having rights of a

holder in due course, the claimant is obliged to refund the payment to the obligated

bank if the check is paid, or to pay the amount of the check to the person having rights

of a holder in due course if the check is dishonored.

4. If a claimant has the right to assert a claim under subsection 2 and is also a person

entitled to enforce a check that is lost, destroyed, or stolen, the claimant may assert

rights with respect to the check either under this section or section 41-03-35.
N.D. Cent. Code § 4.1-02-04 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-04
4.1-02-04. Election of county representative
Status: in_force

4.1-02-04. Election of county representative

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

expire, the extension agent for each county in that member's district shall hold a

meeting of barley 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 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 extension agent for a county, in consultation with

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

the council that no barley producers willing to serve as county representatives reside

within the county.
N.D. Cent. Code § 41-02.1-61 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-61
41-02.1-61. (2A-513) Cure by lessor of improper tender or delivery - Replacement
Status: in_force

41-02.1-61. (2A-513) Cure by lessor of improper tender or delivery - Replacement

1. If any tender or delivery by the lessor or the supplier is rejected because

nonconforming and the time for performance has not yet expired, the lessor or the

supplier may seasonably notify the lessee of the lessor's or the supplier's intention to

cure and may then make a conforming delivery within the time provided in the lease

contract.

2. If the lessee rejects a nonconforming tender that the lessor or the supplier had

reasonable grounds to believe would be acceptable with or without money allowance,

the lessor or the supplier may have a further reasonable time to substitute a

conforming tender if the lessor or the supplier seasonably notifies the lessee.
N.D. Cent. Code § 4.1-57-21 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-21
4.1-57-21. Enforcement of chapter
Status: repealed

4.1-57-21. Enforcement of chapter

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 4.1-16-04 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-04
4.1-16-04. Beekeeper's license - Transferability - Expiration
Status: in_force

4.1-16-04. Beekeeper's license - Transferability - Expiration

1. A beekeeper's license issued under this chapter is not transferable.

2. A beekeeper's license issued under this chapter expires on December thirty-first.
N.D. Cent. Code § 4.1-02-09 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-09
4.1-02-09. Council members - Compensation
Status: in_force

4.1-02-09. Council members - Compensation

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

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

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

performing duties directed by the council.
N.D. Cent. Code § 4.1-53-59 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-59
4.1-53-59. Liability of seed commission, seed department, seed commissioner, and certified or noncertified agricultural seed producers
Status: in_force

4.1-53-59. Liability of seed commission, seed department, seed commissioner, and

certified or noncertified agricultural seed producers.

A warranty of any kind, either expressed or implied, including a warranty of merchantability,

fitness for a particular purpose, varietal identity, or absence of disease, is not made by the seed

commission, the seed department, the seed commissioner, or certified or noncertified seed

producers as to the quantity or quality of the crop produced from the seeds or as to other

produce, which is inspected and certified, except as provided in this section. The sole warranty

made is that the seeds were inspected under the rules of the seed department or the United

States department of agriculture. The seed commissioner functions and serves only in an official

regulatory manner.
N.D. Cent. Code § 4.1-26-31 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-31
4.1-26-31. Disruptive trade practices
Status: in_force

4.1-26-31. Disruptive trade practices

1. A person may not provide discounts, rebates, or allowances in connection with the

sale of milk products or frozen dairy products, unless the discounts, rebates, or

allowances are permitted in accordance with section 4.1-26-13.

2. A dealer may not provide free equipment or services to a retailer. This subsection does

not prohibit a dealer from:

a. Stocking the dairy case or frozen products cabinet of a retailer; or

b. Stamping on each milk product or frozen dairy product the retail price at which

the retailer desires to sell the product.

3. A person may not provide advertising or display allowances.

4. a. A person may not give a free milk product or a free frozen dairy product to a

customer.

b. This subsection does not prohibit a person from:

(1) Providing tasting samples to an individual; or

(2) Donating products for charitable purposes.

5. A dealer may not make loans to a retailer, renew loans to a retailer, or provide financial

assistance in any other form to a retailer.

6. A dealer may not furnish signs to a retailer.

7. A person may not sell, offer to sell, or advertise any milk product or frozen dairy

product in combination with any other product or service.

8. A person may not sell, offer to sell, or advertise any product or service at a price that is

available only to purchasers of a milk product or a frozen dairy product.

9. A dealer may not provide a gift to a retailer.

10. a. A dealer may not lease, lend, or rent equipment to a retailer.

b. If a dealer sells equipment to a retailer, the board shall prescribe the minimum

markup, based upon the seller's invoice cost or the depreciated value in the case

of used equipment.

11. a. (1) Except as otherwise provided in this subdivision, a person may not require a

deposit if milk products or frozen dairy products are purchased in returnable

containers.

(2) A person may require a deposit on a milk case, provided the deposit does

not exceed the replacement value of the milk case.

b. A person may not provide an allowance or a credit in connection with the return of

a container.

12. a. Except as otherwise provided, a dealer may not provide payment to a franchisor,

a wholesale grocer, or any other person closely connected with a retailer for

central billing, customer solicitation, or other services, if the purpose or effect of

the payment is to induce the recipient to influence or attempt to influence a

retailer's decision regarding:

(1) The brand of milk products or frozen dairy products to be purchased and

resold by the retailer; or

(2) The amount of space to be allocated to any brand of milk products or frozen

dairy products.

b. If a wholesale grocer establishes a central billing service to guarantee the

collection of dealer accounts:

(1) All dealers that supply member or corporate stores must be afforded the

same service; and

(2) The central billing service fee may not exceed two percent of the invoice

cost.
N.D. Cent. Code § 4.1-01-15 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-15
4.1-01-15. Agricultural wetland credits - Database
Status: in_force

4.1-01-15. Agricultural wetland credits - Database

The commissioner shall create and maintain an electronic database of wetland credits

available for purchase by an agricultural landowner.
N.D. Cent. Code § 4.1-09-21 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-21
4.1-09-21. Expenditure of funds
Status: in_force

4.1-09-21. 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 § 41-05-14 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-14
41-05-14. (5-114) Assignment of proceeds
Status: in_force

41-05-14. (5-114) Assignment of proceeds

1. In this section, "proceeds of a letter of credit" means the cash, check, accepted draft,

or other item of value paid or delivered upon honor or giving of value by the issuer or

any nominated person under the letter of credit. The term does not include a

beneficiary's drawing rights or documents presented by the beneficiary.

2. A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The

beneficiary may do so before presentation as a present assignment of its right to

receive proceeds contingent upon its compliance with the terms and conditions of the

letter of credit.

3. An issuer or nominated person need not recognize an assignment of proceeds of a

letter of credit until it consents to the assignment.

4. An issuer or nominated person has no obligation to give or withhold its consent to an

assignment of proceeds of a letter of credit, but consent may not be unreasonably

withheld if the assignee possesses and exhibits the letter of credit and presentation of

the letter of credit is a condition to honor.

5. Rights of a transferee beneficiary or nominated person are independent of the

beneficiary's assignment of the proceeds of a letter of credit and are superior to the

assignee's right to the proceeds.

6. Neither the rights recognized by this section between an assignee and an issuer,

transferee beneficiary, or nominated person nor the issuer's or nominated person's

payment of proceeds to an assignee or a third person affect the rights between the

assignee and any person other than the issuer, transferee beneficiary, or nominated

person. The mode of creating and perfecting a security interest in or granting an

assignment of a beneficiary's rights to proceeds is governed by chapter 41-09 or other

law. Against persons other than the issuer, transferee beneficiary, or nominated

person, the rights and obligations arising upon the creation of a security interest or

other assignment of a beneficiary's right to proceeds and its perfection are governed

by chapter 41-09 or other law.
N.D. Cent. Code § 4.1-25-35 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-35
4.1-25-35. Milk haulers - License required - Commissioner to adopt rules
Status: in_force

4.1-25-35. Milk haulers - License required - Commissioner to adopt rules

A person may not own or operate any tank truck, bulk milk truck, or other vehicle used or

designed to carry bulk raw milk without a license issued by the department. The commissioner

shall adopt rules governing the operation, inspection, design, and licensure of such persons.

The license of any person operating a vehicle in violation of this section or the rules of the

commissioner is subject to revocation or suspension in accordance with procedure established

by law. A license to haul milk issued under this section may be issued in conjunction with or as

part of any license to sample or test milk or milk products issued pursuant to section 4.1-25-22.
N.D. Cent. Code § 4.1-53-01 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-01
4.1-53-01. Definitions
Status: in_force

4.1-53-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Agricultural seed" means:

a. The seed of cereal, fiber, forage, grass, or oil crops;

b. Irish potato seed tubers;

c. Lawn seed;

d. Any other seed designated by the seed commissioner as agricultural seed; and

e. Any mixture of seeds referenced in this subsection.

2. "Blend" means seed that consists of more than one variety, provided each variety

consists of more than five percent of the whole, by weight.

3. "Brand" means a design, name, number, symbol, or word used to identify the seed of

one person and distinguish the seed from that of another person.

4. "Certification" means a process that:

a. Is designed to maintain the genetic purity and varietal identity of crop cultivars;

and

b. Requires a variety of components, including:

(1) An examination of records provided by the producer;

(2) An inspection of the field in which the plants producing seed for certification

are growing; and

(3) The testing and grading of a representative sample.

5. "Certified" means a designation that the seed department has authorized a labeler to

use on seed that met the requirements for certification.

6. "Conditioning" means any process to remove unwanted seeds or other matter from a

seed lot in order to produce a uniform product.

7. "Flower seed" means the seed of a herbaceous plant grown for its bloom, ornamental

foliage, or other ornamental part.

8. "Germination" means the physiological process of development and the emergence

from the seed embryo of essential structures that are indicative of the ability to

produce a normal plant under favorable conditions.

9. "Hard seed" means a seed that has an impermeable seed coat and has not absorbed

water by the end of the prescribed test period.

10. "Inert matter" means anything other than unbroken seeds.

11. "Kind" means one or more related species or subspecies known singly or collectively

by a common name.

12. "Label" means a device or tag attached to a seed container, printed or stamped

information on a seed container, or written information accompanying a lot of bulk

seed.

13. "Labeler" means the person identified by name and address on the label.

14. "Lot" means an identifiable quantity of seed that is uniform within permitted tolerances

for the factors that appear on its label.

15. "Mixture" means seed consisting of more than one kind, each in excess of five percent

of the whole, by weight.

16. "Official seed-certifying agency" means:

a. An agency that is authorized under the laws of a state, territory, or possession to

officially certify seed and which has standards and procedures approved by the

United States secretary of agriculture to assure the genetic purity and identity of

any seed it certifies; or

b. An agency of a foreign country if the United States secretary of agriculture has

determined that the agency adheres to seed certification procedures and

standards that are comparable to those generally adhered to by a seed-certifying

agency meeting the criteria set forth in subdivision a.

17. "Prohibited weed seed" means:

a. The seed or propagule of any weed designated as noxious by the agriculture

commissioner in accordance with section 4.1-47-05; or

b. The seed or propagule of any weed determined by the seed commissioner to be

highly destructive and difficult to control by good cultural practices or by the use

of herbicides.

18. "Pure seed" means a quantity of seed that belongs to a particular kind or variety and

which does not contain either inert matter or seeds of another kind or variety.

19. "Record" includes all information relating to origin or source, variety, lot identification,

quantity, inspection, processing, testing, labeling, distribution, and file samples of the

seed.

20. "Restricted weed seed" means a seed that is determined by the seed commissioner to

be:

a. Objectionable in agricultural seed, lawn or turf seed, vegetable seed, and flower

seed; and

b. Controllable by good cultural practices or the use of herbicides.

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

22. "Treated" means a seed has received an application of a substance intended to

enhance the performance of the seed or alter a physiological process of the plant.

23. "Unbroken seed" means a seed that is more than fifty percent intact.

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

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

other characteristics from other varieties of the same kind;

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

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

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

varieties.
N.D. Cent. Code § 41-02-17 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-17
41-02-17. (2-210) Delegation of performance - Assignment of rights
Status: in_force

41-02-17. (2-210) Delegation of performance - Assignment of rights

1. A party may perform that party's duty through a delegate unless otherwise agreed or

unless the other party has a substantial interest in having the other party's original

promisor perform or control the acts required by the contract. No delegation of

performance relieves the party delegating of any duty to perform or any liability for

breach.

2. Except as otherwise provided in section 41-09-68, unless otherwise agreed, all rights

of either seller or buyer can be assigned except when the assignment would materially

change the duty of the other party, or increase materially the burden or risk imposed

on the other party by that party's contract, or impair materially that party's chance of

obtaining return performance. A right to damages for breach of the whole contract or a

right arising out of the assignor's due performance of the assignor's entire obligation

can be assigned despite agreement otherwise.

3. The creation, attachment, perfection, or enforcement of a security interest in the

seller's interest under a contract is not a transfer that materially changes the duty of or

increases materially the burden or risk imposed on the buyer or impairs materially the

buyer's chance of obtaining return performance within the purview of subsection 2

unless, and then only to the extent that, enforcement actually results in a delegation of

material performance of the seller. Even in that event, the creation, attachment,

perfection, and enforcement of the security interest remain effective, but:

a. The seller is liable to the buyer for damages caused by the delegation to the

extent that the damages could not reasonably be prevented by the buyer; and

b. A court having jurisdiction may grant other appropriate relief, including

cancellation of the contract for sale or an injunction against enforcement of the

security interest or consummation of the enforcement.

4. Unless the circumstances indicate the contrary, a prohibition of assignment of the

contract is to be construed as barring only the delegation to the assignee of the

assignor's performance.

5. An assignment of the contract or of all my rights under the contract or an assignment

in similar general terms is an assignment of rights and unless the language or the

circumstances (as in an assignment for security) indicate the contrary, it is a delegation

of performance of the duties of the assignor and its acceptance by the assignee

constitutes a promise by the assignee to perform those duties. This promise is

enforceable by either the assignor or the other party to the original contract.

6. The other party may treat any assignment which delegates performance as creating

reasonable grounds for insecurity and may without prejudice to that party's rights

against the assignor demand assurances from the assignee (section 41-02-72).
N.D. Cent. Code § 41-02.1-08 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-08
41-02.1-08. (2A-108) Unconscionability
Status: in_force

41-02.1-08. (2A-108) Unconscionability

1. If the court as a matter of law finds a lease contract or any clause of a lease contract

to have been unconscionable at the time it was made, the court may refuse to enforce

the lease contract, or it may enforce the remainder of the lease contract without the

unconscionable clause, or it may so limit the application of any unconscionable clause

as to avoid any unconscionable result.

2. With respect to a consumer lease, if the court as a matter of law finds that a lease

contract or any clause of a lease contract has been induced by unconscionable

conduct or that unconscionable conduct has occurred in the collection of a claim

arising from a lease contract, the court may grant appropriate relief.

3. Before making a finding of unconscionability under subsection 1 or 2, the court, on its

own motion or that of a party, shall afford the parties a reasonable opportunity to

present evidence as to the setting, purpose, and effect of the lease contract or clause

thereof, or of the conduct.

4. In an action in which the lessee claims unconscionability with respect to a consumer

lease:

a. If the court finds unconscionability under subsection 1 or 2, the court shall award

reasonable attorney's fees to the lessee.

b. If the court does not find unconscionability and the lessee claiming

unconscionability has brought or maintained an action the claimant knew to be

groundless, the court shall award reasonable attorney's fees to the party against

whom the claim is made.

c. In determining attorney's fees, the amount of the recovery on behalf of the

claimant under subsections 1 and 2 is not controlling.
N.D. Cent. Code § 4.1-41-11 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-11
4.1-41-11. Adulteration
Status: in_force

4.1-41-11. Adulteration

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

is adulterated if it:

a. Contains any poisonous or harmful substance that may render the feed injurious

to health. However, if the substance naturally occurs in the feed and is not an

added substance, the commercial feed may be considered adulterated under this

subdivision only if the substance is present in sufficient quantity to render it

injurious to health.

b. Contains any added substance that is poisonous, harmful, or nonnutritive, and

unsafe within the meaning of section 406 of the Federal Food, Drug, and

Cosmetic Act, as amended [21 U.S.C. 346]. This subdivision does not apply to

any pesticide in or on a raw agricultural commodity or to a food additive.

c. Contains any food additive that is unsafe within the meaning of section 409 of the

Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 348].

d. Is a raw agricultural commodity and it contains a pesticide that is unsafe within

the meaning of section 408a of the Federal Food, Drug, and Cosmetic Act, as

amended [21 U.S.C. 346a].

(1) However, if a pesticide has been used in or on a raw agricultural commodity

in conformity with an exemption granted or a tolerance prescribed under

section 408 of the Federal Food, Drug, and Cosmetic Act, as amended

[21 U.S.C. 346a] and if the raw agricultural commodity has been subjected

to a process such as canning, cooking, dehydration, freezing, or milling, any

pesticide residue remaining in or on the processed feed may be deemed

safe, provided:

(a) The residue in or on the raw agricultural commodity has been

removed to the extent possible in good manufacturing practice; and

(b) The concentration of the residue in the processed feed is not greater

than the tolerance prescribed for the raw agricultural commodity.

(2) The exception set forth in paragraph 1 does not apply if the consumption of

the processed feed may result in the edible product of the animal evidencing

a pesticide residue that is unsafe within the meaning of section 408a of the

Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 346a].

e. Contains any color additive that is unsafe within the meaning of section 721 of the

Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 379e].

f. Contains any new animal drug that is unsafe within the meaning of section 512 of

the Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 360b].

2. In addition to the provisions of subsection 1, commercial feed is adulterated if:

a. Any valuable constituent has been omitted, in whole or in part, thereby providing

a lower nutritive value in the finished product;

b. The composition or quality of the feed falls below or differs from that which is

stated on its label;

c. The feed contains added hulls, screenings, straw, cobs, or other high fiber

material, unless each material is stated on the label;

d. The feed contains viable weed seeds in amounts exceeding four and one-half

viable restricted seeds per pound avoirdupois [453.59 grams];

e. The feed contains a drug and the methods used in or the facilities or controls

used for its manufacturing, processing, or packaging do not conform to current

good manufacturing practice rules adopted by the commissioner to ensure the

drug meets the identity, strength, quality, purity, and safety requirements of this

chapter;

f. The feed consists in whole or in part of any filthy, putrid, or decomposed

substance, or if the feed is otherwise unfit for its intended use;

g. The feed has been prepared, packed, or held under unsanitary conditions that

may have caused it to become contaminated with filth or rendered injurious to

health;

h. The feed consists in whole or in part of the product of a diseased animal or of an

animal that has died otherwise than by slaughter which is unsafe within the

meaning of section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act,

as amended [21 U.S.C. 342];

i. The feed's container is composed, in whole or in part, of any poisonous or

harmful substance that may render the contents injurious to health;

j. The feed has been packaged in bags or totes that previously contained pesticide

products, treated seeds, or other hazardous materials; or

k. The feed has been intentionally subjected to radiation, unless the use of the

radiation was in conformity with the regulation or exemption in effect pursuant to

section 409 of the Federal Food, Drug, and Cosmetic Act, as amended

[21 U.S.C. 348].
N.D. Cent. Code § 41-09-139 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-139
41-09-139. (9-809) Priority
Status: in_force

41-09-139. (9-809) Priority

This Act determines the priority of conflicting claims to collateral. However, if the relative

priorities of the claims were established before this Act takes effect, this chapter as it existed

before amendment determines priority.
N.D. Cent. Code § 4.1-06-14 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-14
4.1-06-14. Submission of assessments - Civil penalty
Status: in_force

4.1-06-14. Submission of assessments - Civil penalty

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

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

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

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

the rate of six percent per annum from the due date.
N.D. Cent. Code § 4.1-73-26 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-26
4.1-73-26. Record of brands
Status: in_force

4.1-73-26. Record of brands

The chief brand inspector shall keep a record of all brands issued in this state. The record

must include:

1. The name and address of the person that owns the brand;

2. A depiction of the brand;

3. The type of livestock on which the brand is authorized for use; and

4. The location or placement of the brand as authorized by the chief brand inspector.
N.D. Cent. Code § 4.1-03-02 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-02
4.1-03-02. North Dakota beef commission - Membership - Qualifications
Status: in_force

4.1-03-02. North Dakota beef commission - Membership - Qualifications

1. The North Dakota beef commission consists of:

a. Three beef producers;

b. One cattle feeder;

c. One dairy producer;

d. One representative of a public livestock market; and

e. Three at-large representatives.

2. The governor shall appoint:

a. Each beef producer from a list of at least two names submitted by the North

Dakota stockmen's association;

b. The cattle feeder from a list of at least two names submitted by the North Dakota

stockmen's association feeder council;

c. The dairy producer from a list of at least two names submitted by the milk

producers association of North Dakota;

d. The representative of a public livestock market from a list of at least two names

submitted by the North Dakota livestock marketing association; and

e. The three at-large representatives.

3. a. Each member of the commission must:

(1) Be a United States citizen and a resident of this state;

(2) Be actively engaged in that phase of the cattle industry the member

represents; and

(3) Have been actively engaged in that phase of the cattle industry for a period

of five years.

b. Each member of the commission, except the representative of a public livestock

market, must be a participating producer.

c. For purposes of this subsection, "actively engaged" means that the individual:

(1) Has an ownership interest in an operation that is of sufficient scope and

significance as to constitute a distinct activity; and

(2) Has and regularly exercises direct control of the operation.
N.D. Cent. Code § 4.1-33-15 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-15
4.1-33-15. Reciprocal agreement
Status: in_force

4.1-33-15. Reciprocal agreement

The North Dakota state university extension service, or its designee, may issue a

certification on a reciprocal basis, without examination, to a nonresident who is certified to buy,

distribute, or use restricted use pesticides under a plan substantially similar to this chapter and

after the applicant has paid a fee, set by the board, not greater than the fee or charge

authorized under section 4.1-33-07, 4.1-33-11, or 4.1-33-12 if the applicant would have taken

the appropriate examination. Such a certification may be suspended or revoked in the same

manner and on the same grounds as certifications under this chapter, and must be suspended

or revoked if the nonresident's home state certification is suspended or revoked.
N.D. Cent. Code § 4.1-32-03 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-03
4.1-32-03. Granting of license - Fee - Term
Status: in_force

4.1-32-03. Granting of license - Fee - Term

The agriculture commissioner shall issue a license to operate a rendering plant, if the

inspection does not reveal any danger of animal disease transmission, upon payment of a fee of

fifty dollars. The license is valid for a period of one year from the date of issuance unless it is

revoked for cause by the commissioner before expiration.
N.D. Cent. Code § 4.1-55-13 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-13
4.1-55-13. Plant and seed records - Exempt
Status: in_force

4.1-55-13. Plant and seed records - Exempt

The following records of the seed commission are exempt from section 44-04-18:

1. Records of any plant or seed inspection, analysis, or testing and germination, purity,

variety, or disease determinations conducted by the seed department on a

fee-for-service basis for nonpublic entities or persons; and

2. Information received by the seed commissioner under this chapter from a nonpublic

entity or person that the nonpublic entity or person determines is proprietary

information or a trade secret.
N.D. Cent. Code § 4.1-16-05 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-05
4.1-16-05. License - Grounds for denial
Status: in_force

4.1-16-05. License - Grounds for denial

1. The agriculture commissioner may suspend, revoke, or refuse to grant a license to any

person who:

a. Has repeatedly violated this chapter;

b. Failed to pay an adjudicated civil penalty for violating this chapter, within thirty

days after a final determination that the civil penalty is owed; or

c. Provided false or misleading information in connection with any application or

notification required by this chapter.

2. Any person denied a license under this section may request a hearing before the

commissioner within thirty days after the date of the denial.
N.D. Cent. Code § 4.1-09-18 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-18
4.1-09-18. Submission of assessments - Civil penalty
Status: in_force

4.1-09-18. Submission of assessments - Civil penalty

1. Each first purchaser shall forward to the council all assessments collected by the first

purchaser within thirty days after the end 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 § 4.1-04-06 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-06
4.1-04-06. Meetings
Status: in_force

4.1-04-06. Meetings

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

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

the council within seven days when petitioned to do so by three council members.
N.D. Cent. Code § 4.1-47-22 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-22
4.1-47-22. City weed control officer - Membership on city weed board - Employment
Status: in_force

4.1-47-22. City weed control officer - Membership on city weed board - Employment

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

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

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

simultaneously.
N.D. Cent. Code § 4.1-43-06 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-06
4.1-43-06. Commissioner may adopt rules, take testimony, grant public hearings
Status: in_force

4.1-43-06. Commissioner may adopt rules, take testimony, grant public hearings

The commissioner may adopt rules under chapter 28-32, governing applications for

registration, the submission of samples for analysis, and all other matters necessary to give

effect to this chapter. The commissioner may take expert and other testimony and, upon

request, shall grant a public hearing prior to the cancellation of a registration and also to any

manufacturer or distributor whose request for registration of any livestock medicine has been

denied.
N.D. Cent. Code § 4.1-37-16 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-16
4.1-37-16. Penalty
Status: in_force

4.1-37-16. Penalty

1. Any person violating this chapter is guilty of a class A misdemeanor.

2. When construing and enforcing this chapter, the act, omission, or failure of any officer,

agent, or other person acting for or employed by any person is deemed to be the act,

omission, or failure of the person as well as that of the person employed.

3. In addition to the criminal sanctions that may be imposed, a person found guilty of

violating this chapter or the rules adopted under this chapter is subject to a civil

penalty not to exceed five thousand dollars for each violation. The civil penalty may be

imposed by a court in a civil proceeding or by the agriculture commissioner through an

administrative hearing.
N.D. Cent. Code § 4.1-11-10 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-10
4.1-11-10. Council duties and reports
Status: in_force

4.1-11-10. Council duties and reports

1. The council shall develop policies and initiate programs to promote the development of

markets for and increase the utilization of soybeans grown in this state.

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

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

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

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

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

auspices of national soybean promotion organizations.

4. Annually, the council shall prepare and submit a report summarizing the activities of

the council to the state auditor and commissioner. The report must show all income,

expenses, and other relevant information concerning fees collected and expended.

5. The council shall request and submit a certificate of good standing, issued by the

secretary of state, as part of the report described in subsection 4.
N.D. Cent. Code § 4.1-57-06 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-06
4.1-57-06. License - Fee - Expiration
Status: in_force

4.1-57-06. License - Fee - Expiration

The seed commissioner shall establish the fee for a wholesale potato dealer's license,

subject to approval by the seed commission. A license issued under this chapter expires on

June thirtieth of each year.
N.D. Cent. Code § 41-09-54 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-54
41-09-54. (9-334) Priority of security interests in fixtures and crops
Status: in_force

41-09-54. (9-334) Priority of security interests in fixtures and crops

1. A security interest under this chapter may be created in goods that are fixtures or may

continue in goods that become fixtures. A security interest does not exist under this

chapter in ordinary building materials incorporated into an improvement on land.

2. This chapter does not prevent creation of an encumbrance upon fixtures under

real-property law.

3. In cases not governed by subsections 4 through 8, a security interest in fixtures is

subordinate to a conflicting interest of an encumbrancer or owner of the related real

property other than the debtor.

4. Except as otherwise provided in subsection 8, a perfected security interest in fixtures

has priority over a conflicting interest of an encumbrancer or owner of the real property

if the debtor has an interest of record in or is in possession of the real property and:

a. The security interest is a purchase-money security interest;

b. The interest of the encumbrancer or owner arises before the goods become

fixtures; and

c. The security interest is perfected by a fixture filing before the goods become

fixtures or within twenty days thereafter.

5. A perfected security interest in fixtures has priority over a conflicting interest of an

encumbrancer or owner of the real property if:

a. The debtor has an interest of record in the real property or is in possession of the

real property and the security interest:

(1) Is perfected by a fixture filing before the interest of the encumbrancer or

owner is of record; and

(2) Has priority over any conflicting interest of a predecessor in title of the

encumbrancer or owner;

b. Before the goods become fixtures, the security interest is perfected by any

method permitted by this chapter and the fixtures are readily removable:

(1) Factory or office machines;

(2) Equipment that is not primarily used or leased for use in the operation of the

real property; or

(3) Replacements of domestic appliances that are consumer goods;

c. The conflicting interest is a lien on the real property obtained by legal or equitable

proceedings after the security interest was perfected by any method permitted by

this chapter; or

d. The security interest is:

(1) Created in a manufactured home in a manufactured-home transaction; and

(2) Perfected pursuant to a statute described in subdivision b of subsection 1 of

section 41-09-31.

6. A security interest in fixtures, whether or not perfected, has priority over a conflicting

interest of an encumbrancer or owner of the real property if:

a. The encumbrancer or owner has, in a signed record, consented to the security

interest or disclaimed an interest in the goods as fixtures; or

b. The debtor has a right to remove the goods as against the encumbrancer or

owner.

7. The priority of the security interest under subdivision b of subsection 6 continues for a

reasonable time if the debtor's right to remove the goods as against the encumbrancer

or owner terminates.

8. A mortgage is a construction mortgage to the extent that it secures an obligation

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

of the land, if a recorded record of the mortgage so indicates. Except as otherwise

provided in subsections 5 and 6, a security interest in fixtures is subordinate to a

construction mortgage if a record of the mortgage is recorded before the goods

become fixtures and the goods become fixtures before the completion of the

construction. A mortgage has this priority to the same extent as a construction

mortgage to the extent that it is given to refinance a construction mortgage.

9. A perfected security interest in crops growing on real property has priority over a

conflicting interest of an encumbrancer or owner of the real property if the debtor has

an interest of record in or is in possession of the real property.

10. Subsection 9 prevails over any inconsistent provisions of section 47-16-03.
N.D. Cent. Code § 4.1-23-02 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-02
4.1-23-02. Administration - Rulemaking authority
Status: in_force

4.1-23-02. Administration - Rulemaking authority

The commissioner shall administer this chapter. The commissioner shall employ an

individual who has a baccalaureate degree in entomology, plant pathology, or biological

sciences. The commissioner may adopt rules to carry out this chapter.
N.D. Cent. Code § 4.1-61-04 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-04
4.1-61-04. Credit-sale contract indemnity fund - Eligibility for reimbursement
Status: in_force

4.1-61-04. Credit-sale contract indemnity fund - Eligibility for reimbursement

A person is eligible to receive indemnity payments from the credit-sale contract indemnity

fund if:

1. After August 1, 2003, the person sold grain to a licensed warehouse or a grain buyer in

this state under a credit-sale contract;

2. The licensed warehouse to which the person sold grain or the grain buyer to which the

person sold grain becomes insolvent; and

3. The licensed warehouse or the grain buyer, as a result of the insolvency, does not fully

compensate the person in accordance with the credit-sale contract.
N.D. Cent. Code § 41-02.1-34 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-34
41-02.1-34. (2A-304) Subsequent lease of goods by lessor
Status: in_force

41-02.1-34. (2A-304) Subsequent lease of goods by lessor

1. Subject to section 41-02.1-33, a subsequent lessee from a lessor of goods under an

existing lease contract obtains, to the extent of the leasehold interest transferred, the

leasehold interest in the goods that the lessor had or had power to transfer, and except

as provided in subsections 2 and 4 of section 41-02.1-75, takes subject to the existing

lease contract. A lessor with voidable title has power to transfer a good leasehold

interest to a good-faith subsequent lessee for value, but only to the extent set forth in

the preceding sentence. When goods have been delivered under a transaction of

purchase, the lessor has that power even though any of the following are met:

a. The lessor's transferor was deceived as to the identity of the lessor.

b. The delivery was in exchange for a check which is later dishonored.

c. It was agreed that the transaction was to be a "cash sale".

d. The delivery was procured through fraud punishable as larcenous under the

criminal law.

2. A subsequent lessee in the ordinary course of business from a lessor who is a

merchant dealing in goods of that kind to whom the goods were entrusted by the

existing lessee of that lessor before the interest of the subsequent lessee became

enforceable against that lessor obtains, to the extent of the leasehold interest

transferred, all of the lessor's and the existing lessee's rights to the goods, and takes

free of the existing lease contract.

3. A subsequent lessee from the lessor of goods that are subject to an existing lease

contract and are covered by a certificate of title issued under a statute of this state or

of another jurisdiction takes no greater rights than those provided both by this section

and by the certificate of title statute.
N.D. Cent. Code § 41-02.1-68 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-68
41-02.1-68. (2A-520) Lessee's incidental and consequential damages
Status: in_force

41-02.1-68. (2A-520) Lessee's incidental and consequential damages

1. Incidental damages resulting from a lessor's default include expenses reasonably

incurred in inspection, receipt, transportation, and care and custody of goods rightfully

rejected or goods the acceptance of which is justifiably revoked, any commercially

reasonable charges, expenses, or commissions in connection with effecting cover, and

any other reasonable expense incident to the default.

2. Consequential damages resulting from a lessor's default include:

a. Any loss resulting from general or particular requirements and needs of which the

lessor at the time of contracting had reason to know and which could not

reasonably be prevented by cover or otherwise; and

b. Injury to person or property proximately resulting from any breach of warranty.
N.D. Cent. Code § 4.1-03-05 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-05
4.1-03-05. Nonvoting members - Appointment
Status: in_force

4.1-03-05. Nonvoting members - Appointment

The commission may appoint up to four nonvoting members. The term of office for a

member appointed under this section is one year. The number of terms that may be served by a

member under this section is not limited. The commission shall adopt policies governing the

appointments and qualifications of nonvoting members.
N.D. Cent. Code § 41-12-02 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-02
41-12-02. (12-102) Definitions
Status: in_force

41-12-02. (12-102) Definitions

1. In this chapter:

a. "Controllable electronic record" means a record stored in an electronic medium

that can be subjected to control under section 41-12-05. The term does not

include a controllable account, a controllable payment intangible, a deposit

account, an electronic copy of a record evidencing chattel paper, an electronic

document of title, electronic money, investment property, or a transferable record.

b. "Qualifying purchaser" means a purchaser of a controllable electronic record or

an interest in a controllable electronic record that obtains control of the

controllable electronic record for value, in good faith, and without notice of a claim

of a property right in the controllable electronic record.

c. "Transferable record" has the meaning provided for that term in:

(1) Section 201(a)(1) of the Electronic Signatures in Global and National

Commerce Act [Pub. L. 106-229; 114 Stat. 473; 15 U.S.C. Section 7021(a)

(1)]; or

(2) Subsection 1 of section 9-16-15.

d. "Value" has the meaning provided in subsection 1 of section 41-03-29, as if

references in that subsection to an "instrument" were references to a controllable

account, controllable electronic record, or controllable payment intangible.

2. The definitions in chapter 41-09 of "account debtor", "controllable account",

"controllable payment intangible", "chattel paper", "deposit account", "electronic

money", and "investment property" apply to this chapter.

3. Chapter 41-01 contains general definitions and principles of construction and

interpretation applicable throughout this title.
N.D. Cent. Code § 4.1-55-15 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-15
4.1-55-15. Seizure of seed potatoes - Liability
Status: in_force

4.1-55-15. Seizure of seed potatoes - Liability

1. The seed commissioner may seize any seed potatoes, if the seed commissioner

believes that the seed potatoes are mislabeled.

2. The seed commissioner may hold any seed potatoes seized under this section until

they are:

a. Graded or reconditioned to meet the claims on their label; or

b. Properly relabeled.

3. The seed commissioner is not liable for any loss or damage, or any other costs due to

seizure when acting in accordance with this chapter and any applicable rules.

4. A person aggrieved by a seizure under this section may request a hearing pursuant to
N.D. Cent. Code § 4.1-40-05 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-05
4.1-40-05. Guaranteed analysis
Status: in_force

4.1-40-05. Guaranteed analysis

1. Guaranteed analysis must be claimed as follows:

a. Total Nitrogen (N) _____ percent;

b. Available Phosphate (P O ) _____ percent; and

2 5

c. Soluble Potash (K O) _____ percent.

2

2. The total phosphate or degree of fineness, or both, may also be guaranteed, in the

case of unacidulated mineral phosphatic materials and basic slag, bone, tankage, and

other organic phosphatic materials.

3. Rules implemented under this chapter may allow or require guarantees for plant

nutrients other than nitrogen, phosphorus, and potassium.

a. Guarantees under this subsection must be expressed in the form of the element.

b. The commissioner may require that the sources of other nutrients, including

oxides, salt, and chelates, be stated on the application for registration and

included as a parenthetical statement on the label.

c. Other beneficial substances or compounds, determinable by laboratory methods,

may be guaranteed with permission of the commissioner after consultation with

the director of the North Dakota state university extension service.

4. Any guaranteed plant nutrients, other substances, or compounds are subject to

inspection and analysis according to the methods and rules prescribed by the

commissioner.

5. a. The commissioner, by rule, may require potential basicity or acidity expressed in

terms of calcium carbonate equivalent in multiples of one hundred pounds

[45.36 kilograms] per ton [907.18 kilograms].

b. The guaranteed analysis of a soil amendment or plant amendment must be an

accurate statement of composition, including the percentages of each ingredient.

If the product is a microbiological product, the number of viable micro-organisms

per milliliter for a liquid or the number of viable micro-organisms per gram for a

dry product must also be listed.
N.D. Cent. Code § 41-02-82 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-82
41-02-82. (2-703) Seller's remedies in general
Status: in_force

41-02-82. (2-703) Seller's remedies in general

If the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment

due on or before delivery or repudiates with respect to a part or the whole, then with respect to

any goods directly affected and, if the breach is of the whole contract (section 41-02-75), then

also with respect to the whole undelivered balance, the aggrieved seller may:

1. Withhold delivery of such goods.

2. Stop delivery by any bailee as hereafter provided (section 41-02-84).

3. Proceed under the next section respecting goods still unidentified to the contract.

4. Resell and recover damages as hereinafter provided (section 41-02-85).

5. Recover damages for nonacceptance (section 41-02-87) or in a proper case the price

(section 41-02-88).

6. Cancel.
N.D. Cent. Code § 4.1-26-14 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-14
4.1-26-14. Milk stabilization plans - Optional provisions - Frozen dairy products - Wholesale price - Filing
Status: in_force

4.1-26-14. Milk stabilization plans - Optional provisions - Frozen dairy products -

Wholesale price - Filing.

1. A milk stabilization plan established in accordance with this chapter may require that

processors and distributors file with the board the uniform wholesale price at which a

frozen dairy product will be sold within the marketing area.

2. If price filings are required, as permitted by this section, the board:

a. (1) Shall prescribe the time at which and the manner in which the initial price

filings must be submitted; and

(2) Shall permit a processor or distributor desiring to meet the lower prices of a

competitor to do so in such portions of the marketing area as specified in the

amended price filing;

b. May not prohibit a processor or distributor from meeting lawful competition

without delay in connection with the sale of a frozen dairy product; and

c. May establish other requirements as necessary to implement this section.
N.D. Cent. Code § 4.1-27-18 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-18
4.1-27-18. Operator to warrant title to purchaser - Dispute in title of animal sold
Status: in_force

4.1-27-18. Operator to warrant title to purchaser - Dispute in title of animal sold

The operator of each livestock auction market shall warrant to the purchaser the title of all

livestock bought by the purchaser through the auction market and the operator is liable to the

rightful owner of any livestock sold through the auction market for the net proceeds in cash

received for the livestock. If the operator of an auction market is notified by an authorized brand

inspector that there is a question as to whether any designated livestock sold through the

auction market is lawfully owned by the consignor of the livestock, the operator shall hold the

proceeds received from the sale of the livestock for a reasonable time, not to exceed sixty days,

to permit the consignor to establish ownership. At the expiration of the allotted time, if the

consignor fails to establish lawful ownership of the livestock to the satisfaction of the brand

inspector, the proceeds must be remitted to the state treasurer for deposit in the North Dakota

stockmen's association fund.
N.D. Cent. Code § 4.1-58-01 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-01
4.1-58-01. Definitions
Status: in_force

4.1-58-01. Definitions

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

1. "Credit-sale contract" means a written contract for the sale of grain under which the

sale price is to be paid or may be paid more than thirty days after the delivery or

release of the grain for sale and which contains the notice provided in section
N.D. Cent. Code § 41-04-15 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-15
41-04-15. (4-203) Effect of instructions
Status: in_force

41-04-15. (4-203) Effect of instructions

Subject to the provisions of chapter 41-03 concerning conversion of instruments (section

41-03-57) and restrictive endorsements (section 41-03-25), only a collecting bank's transferor

may give instructions which affect the bank or constitute notice to it, and a collecting bank is not

liable to prior parties for any action taken under those instructions or any agreement with its

transferor.
N.D. Cent. Code § 41-03-20 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-20
41-03-20. (3-201) Negotiation
Status: in_force

41-03-20. (3-201) Negotiation

1. "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an

instrument to a person who thereby becomes its holder, if possession is obtained from

a person other than the issuer of the instrument.

2. Except for negotiation by a remitter, if an instrument is payable to an identified person,

negotiation requires transfer of possession of the instrument and its endorsement by

the holder. If an instrument is payable to bearer, it may be negotiated by transfer of

possession alone.
N.D. Cent. Code § 41-02-103 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-103
41-02-103. (2-724) Admissibility of market quotations
Status: in_force

41-02-103. (2-724) Admissibility of market quotations

Whenever the prevailing price or value of any goods regularly bought and sold in any

established commodity market is in issue, reports in official publications or trade journals or in

newspapers or periodicals of general circulation published as the reports of such market shall

be admissible in evidence. The circumstances of the preparation of such a report may be shown

to affect its weight but not its admissibility.
N.D. Cent. Code § 4.1-47-28 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-28
4.1-47-28. Entry upon land for noxious weed control purposes - Notices - Landowner rights - Remedial requirements - Liens
Status: in_force

4.1-47-28. Entry upon land for noxious weed control purposes - Notices - Landowner

rights - Remedial requirements - Liens.

1. a. If a county weed officer determines that any land other than that referenced in

subsection 2 contains noxious weeds, the county weed control officer may first

contact the occupant and request that the occupant control the noxious weeds

within a prescribed time period and in a prescribed manner. If the county weed

control officer determines that the occupant has failed to control the noxious

weeds, as requested, the county weed officer shall serve upon the landowner

written notice, either personally or by certified mail, requiring the landowner to

control the noxious weeds within the time period prescribed by the county weed

control officer.

b. The notice must:

(1) Specify the minimal remedial requirements;

(2) Specify the time within which the landowner must meet the minimum

remedial requirements;

(3) Specify that the landowner may be subject to penalties provided under this

chapter if the landowner fails to comply with the remedial requirements;

(4) Include a statement of costs if the landowner fails to control the noxious

weeds and the county weed officer must provide for control of the weeds;

and

(5) Provide that the landowner may stay any efforts by the county weed officer

to control noxious weeds on the land by requesting in writing that the county

weed board hold a hearing on the matter.

c. If the landowner does not meet the minimum remedial requirements within the

time specified in the notice and does not request a hearing on the matter by the

county weed board, the county weed control officer may cause the noxious

weeds to be controlled and the expenses charged against the land of the

landowner. These expenses are part of the taxes to be levied against the land for

the ensuing year and must be collected in the same manner as other real estate

taxes.

d. If after holding a hearing on the matter, the county weed board directs that the

noxious weeds be controlled by the county weed officer, the landowner may

appeal the decision to the board of county commissioners. A decision by the

board of county commissioners is final.

e. If the landowner does not appeal the decision to the board of county

commissioners, or if the board of county commissioners upholds the decision of

the county weed board, the county weed control officer may cause the noxious

weeds to be controlled and any expenses incurred by the county weed officer in

controlling the weeds must be charged against the land of the landowner. These

expenses are part of the taxes to be levied against the land for the ensuing year

and must be collected in the same manner as other real estate taxes.

2. a. If a city weed control officer determines that land within the officer's jurisdiction

contains noxious weeds, the officer may serve upon the landowner written notice

either personally or by certified mail, requiring the landowner to control the

noxious weeds within the time period prescribed by the city weed control officer.

b. The notice must:

(1) Specify the minimal remedial requirements;

(2) Specify the time within which the landowner must meet the minimum

remedial requirements;

(3) Specify that the landowner may be subject to penalties provided under this

chapter if the landowner fails to comply with the remedial requirement;

(4) Include a statement of costs if the landowner fails to control the noxious

weeds and the city weed officer must provide for control of the weeds; and

(5) Provide that the landowner may stay any efforts by the city weed officer to

control noxious weeds on the land, by requesting in writing that the city

weed board hold a hearing on the matter.

c. The city weed officer shall deliver a copy of the notice personally or forward a

copy of the notice by certified mail to any tenant, lessee, or operator of the land

on which the noxious weeds are located.

d. If the landowner does not meet the minimum remedial requirements within the

time specified in the notice and does not request a hearing on the matter by the

city weed board, the city weed control officer may cause the noxious weeds to be

controlled and the expenses charged against the land of the landowner. These

expenses are part of the taxes to be levied against the land for the ensuing year

and must be collected in the same manner as other real estate taxes.

e. If after holding a hearing on the matter the city weed board directs that the

noxious weeds be controlled by the city weed officer, the landowner may appeal

the decision to the governing body of the city. A decision by the governing body is

final.

f. If the landowner does not appeal the decision to the governing body of the city, or

if the governing body of the city upholds the decision of the city weed board, the

city weed control officer may cause the noxious weeds to be controlled and any

expenses incurred by the city weed officer in controlling the weeds must be

charged against the land of the landowner. These expenses are part of the taxes

to be levied against the land for the ensuing year and must be collected in the

same manner as other real estate taxes.
N.D. Cent. Code § 41-02-03 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-03
41-02-03. (2-103) Definitions and index of definitions
Status: reserved

41-02-03. (2-103) Definitions and index of definitions

1. In this chapter, unless the context otherwise requires:

a. "Buyer" means a person who buys or contracts to buy goods.

b. Reserved.

c. "Receipt" of goods means taking physical possession of them.

d. "Seller" means a person who sells or contracts to sell goods.

2. Other definitions applying to this chapter or to specified parts thereof, and the sections

in which they appear are:

a. "Acceptance". Section 41-02-69.

b. "Banker's credit". Section 41-02-42.

c. "Between merchants". Section 41-02-04.

d. "Cancellation". Subsection 2 of section 41-02-06.

e. "Commercial unit". Section 41-02-05.

f. "Confirmed credit". Section 41-02-42.

g. "Conforming to contract". Section 41-02-06.

h. "Contract for sale". Section 41-02-06.

i. "Cover". Section 41-02-91.

j. "Entrusting". Section 41-02-48.

k. "Financing agency". Section 41-02-04.

l. "Future goods". Section 41-02-05.

m. "Goods". Section 41-02-05.

n. "Identification". Section 41-02-49.

o. "Installment contract". Section 41-02-75.

p. "Letter of credit". Section 41-02-42.

q. "Lot". Section 41-02-05.

r. "Merchant". Section 41-02-04.

s. "Overseas". Section 41-02-40.

t. "Person in position of seller". Section 41-02-86.

u. "Present sale". Section 41-02-06.

v. "Sale". Section 41-02-06.

w. "Sale on approval". Section 41-02-43.

x. "Sale or return". Section 41-02-43.

y. "Termination". Section 41-02-06.

3. "Control" as provided under section 41-07-06 and the following definitions in other

chapters apply to this chapter:

a. "Check". Section 41-03-04.

b. "Consignee". Section 41-07-02.

c. "Consignor". Section 41-07-02.

d. "Consumer goods". Section 41-09-02.

e. "Dishonor". Section 41-03-59.

f. "Draft". Section 41-03-04.

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

and interpretation applicable throughout this chapter.
N.D. Cent. Code § 41-02.1-15 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-15
41-02.1-15. (2A-206) Offer and acceptance in formation of lease contract
Status: in_force

41-02.1-15. (2A-206) Offer and acceptance in formation of lease contract

1. Unless otherwise unambiguously indicated by the language or circumstances, an offer

to make a lease contract must be construed as inviting acceptance in any manner and

by any medium reasonable in the circumstances.

2. If the beginning of a requested performance is a reasonable mode of acceptance, an

offeror who is not notified of acceptance within a reasonable time may treat the offer

as having lapsed before acceptance.
N.D. Cent. Code § 41-10-02 — ND Code / Title 41 / Chapter 41-10 / Section 41-10-02
41-10-02. Criminal penalty
Status: in_force

41-10-02. Criminal penalty

1. A person commits an offense if the person knowingly causes to be presented for filing

in a filing office, or promotes the filing in a filing office, of a financing statement record

that the person knows:

a. Not to be authorized under section 41-09-80 or 41-09-130 by the natural person

whose name was provided as an individual debtor in the financing statement; and

b. Was filed or presented for filing with the intent that:

(1) The financing statement record be used to harass or hinder the natural

person whose name was provided as an individual debtor in the financing

statement record without that person's authorization; or

(2) The financing statement record be used to defraud any person.

2. An offense under this section is a class A misdemeanor, unless it is alleged and shown

at the trial of the offense that the person had previously been convicted under this

provision on two or more occasions, in which event the offense is a class C felony.
N.D. Cent. Code § 4.1-13-10 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-10
4.1-13-10. Commission vacancies
Status: in_force

4.1-13-10. Commission vacancies

1. The commission shall declare a member to be ineligible and the member's position

vacant if the commission determines that the member no longer meets the

qualifications set forth in section 4.1-13-03.

2. The commission may declare a member to be ineligible and the member's position

vacant if the commission determines that the member has failed to attend two

consecutive commission meetings.

3. If an elected commission member is declared by the commission to be ineligible or is

otherwise unable to continue serving for the duration of the term to which the member

was elected, the commission shall direct the county representatives to hold an election

for the purpose of filling the vacancy. The election must be conducted in the same

manner as that provided for under section 4.1-13-06.

4. If the commission member serving at large is declared by the commission to be

ineligible or is otherwise unable to continue serving for the duration of the term to

which the member was appointed, the commission shall direct the nominating

committee to submit the names of three eligible individuals to the governor for the

purpose of filling the vacancy. The appointment must be conducted in the same

manner as that provided for under section 4.1-13-09.
N.D. Cent. Code § 41-08-36 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-36
41-08-36. (8-403) Demand that issuer not register transfer
Status: in_force

41-08-36. (8-403) Demand that issuer not register transfer

1. A person who is an appropriate person to make an endorsement or originate an

instruction may demand that the issuer not register transfer of a security by

communicating to the issuer a notification that identifies the registered owner and the

issue of which the security is a part and provides an address for communications

directed to the person making the demand. The demand is effective only if it is

received by the issuer at a time and in a manner affording the issuer reasonable

opportunity to act on it.

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

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

transfer of an uncertificated security after a demand that the issuer not register transfer

has become effective, the issuer shall promptly communicate to the person who

initiated the demand at the address provided in the demand and the person who

presented the security for registration of transfer or initiated the instruction requesting

registration of transfer a notification stating that:

a. The certificated security has been presented for registration of transfer or the

instruction for registration of transfer of the uncertificated security has been

received;

b. A demand that the issuer not register transfer had previously been received; and

c. The issuer will withhold registration of transfer for a period of time stated in the

notification in order to provide the person who initiated the demand an opportunity

to obtain legal process or an indemnity bond.

3. The period described in subdivision c of subsection 2 may not exceed thirty days after

the date of communication of the notification. A shorter period may be specified by the

issuer if it is not manifestly unreasonable.

4. An issuer is not liable to a person who initiated a demand that the issuer not register

transfer for any loss the person suffers as a result of registration of a transfer pursuant

to an effective endorsement or instruction if the person who initiated the demand does

not, within the time stated in the issuer's communication, either:

a. Obtain an appropriate restraining order, injunction, or other process from a court

of competent jurisdiction enjoining the issuer from registering the transfer; or

b. File with the issuer an indemnity bond, sufficient in the issuer's judgment to

protect the issuer and any transfer agent, registrar, or other agent of the issuer

involved from any loss it or they may suffer by refusing to register the transfer.

5. This section does not relieve an issuer from liability for registering transfer pursuant to

an endorsement or instruction that was not effective.
N.D. Cent. Code § 41-05-04 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-04
41-05-04. (5-104) Formal requirements
Status: in_force

41-05-04. (5-104) Formal requirements

A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued

in any form that is a signed record.
N.D. Cent. Code § 4.1-48-02 — ND Code / Title 4.1 / Chapter 4.1-48 / Section 4.1-48-02
4.1-48-02. Unfair acts and practices prohibited
Status: in_force

4.1-48-02. Unfair acts and practices prohibited

The following prohibited acts or practices, when engaged in by a buyer in connection with a

potato production contract or purchase involving potatoes constitute unfair acts or practices for

purposes of this chapter. A buyer may not:

1. Use coercion, intimidation, the threat of retaliation or the threat of contract termination,

cancellation, or nonrenewal to impose, demand, compel, or dictate terms, payment or

manner of payment, or the signing of a contract by a potato producer.

2. Use coercion, intimidation, the threat of retaliation, or the threat of contract termination,

cancellation, or nonrenewal to require a producer to make capital improvements such

as buildings or equipment.

3. Interfere with, restrain, or coerce a producer in the exercise of the right to join, form, or

assist a producer bargaining cooperative or association.

4. Refuse to deal with a producer because of the exercise of the right to join and belong

to a producer bargaining cooperative or association.

5. Refuse to provide to the producer, upon request, the statistical information and the

data used to determine compensation paid to the producer for settlement.

6. Refuse to allow a producer or the producer's designated representative to observe, by

actual observation at the time of weighing, the weights and measures used to

determine the producer's compensation at settlement.

7. Use the performance of any other producer to determine the settlement of a producer.

8. Refuse to bargain with an established producer bargaining cooperative or association

formed for the purpose of negotiating contracts and agreements.
N.D. Cent. Code § 4.1-05-04 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-04
4.1-05-04. Election of chairman and officers - Meetings
Status: in_force

4.1-05-04. Election of chairman and officers - Meetings

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

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

of the commission within seven days when petitioned to do so by three commission

members.

3. Annually, the commission shall elect other officers, including a vice chairman and a

secretary-treasurer.
N.D. Cent. Code § 4.1-01-08 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-08
4.1-01-08. Marketing bureau
Status: in_force

4.1-01-08. Marketing bureau

The commissioner shall establish and maintain a marketing bureau to gather and

disseminate statistical information on any agricultural marketing problems of the state and to

engage in marketing services of agricultural products. Any moneys received or generated by the

pride of Dakota program must be deposited in the agriculture department operating fund in the

state treasury.
N.D. Cent. Code § 4.1-53-57 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-57
4.1-53-57. Penalty - Criminal - Civil - Exemption
Status: in_force

4.1-53-57. Penalty - Criminal - Civil - Exemption

1. Any person willfully violating this chapter or the rules implementing this chapter is

guilty of a class A misdemeanor.

2. When construing and enforcing this chapter, the act, omission, or failure of any officer,

agent, or other person acting for or employed by any person must be deemed to be

the act, omission, or failure of such person as well as that of the person employed.

3. Any person found guilty of violating this chapter or the rules implementing this chapter

is subject to a civil penalty in an amount not to exceed ten thousand dollars for each

violation. The civil penalty may be imposed by the seed commissioner. The seed

commissioner may make application to the district court to compel payment of civil

penalties imposed under this section.

4. A person is not subject to the penalties of this chapter for having offered for sale or

sold any seed that was incorrectly represented as to kind, variety, or origin and which

could not be identified through examination, unless the person failed to:

a. Obtain an invoice or grower's declaration stating the required information; or

b. Take other actions necessary to ensure that the seed was properly identified.
N.D. Cent. Code § 41-09-95 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-95
41-09-95. (9-524) Delay by filing office
Status: in_force

41-09-95. (9-524) Delay by filing office

Delay by the filing office beyond a time limit prescribed by this part is excused if:

1. The delay is caused by interruption of communication or computer facilities, war,

emergency conditions, failure of equipment, or other circumstances beyond control of

the filing office; and

2. The filing office exercises reasonable diligence under the circumstances.
N.D. Cent. Code § 41-07-24 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-24
41-07-24. (7-308) Enforcement of carrier's lien
Status: in_force

41-07-24. (7-308) Enforcement of carrier's lien

1. A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk

or in packages, at any time or place and on any terms that are commercially

reasonable, after notifying all persons known to claim an interest in the goods. The

notification must include a statement of the amount due, the nature of the proposed

sale, and the time and place of any public sale. The fact that a better price could have

been obtained by a sale at a different time or in a method different from that selected

by the carrier is not of itself sufficient to establish that the sale was not made in a

commercially reasonable manner. The carrier sells goods in a commercially

reasonable manner if the carrier sells the goods in the usual manner in any recognized

market therefor, sells at the price current in that market at the time of the sale, or

otherwise sells in conformity with commercially reasonable practices among dealers in

the type of goods sold. A sale of more goods than apparently necessary to be offered

to ensure satisfaction of the obligation is not commercially reasonable, except in cases

covered by the preceding sentence.

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

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

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

retained by the carrier, subject to the terms of the bill of lading and this chapter.

3. A carrier may buy at any public sale pursuant to this section.

4. A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free

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

noncompliance with this section.

5. A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but

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

would have been bound to deliver the goods.

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

creditor against a debtor.

7. A carrier's lien may be enforced pursuant to either subsection 1 or the procedure set

forth under subsection 2 of section 41-07-16.

8. A carrier is liable for damages caused by failure to comply with the requirements for

sale under this section and, in case of willful violation, is liable for conversion.
N.D. Cent. Code § 4.1-33-22 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-22
4.1-33-22. Stop-sale orders
Status: in_force

4.1-33-22. Stop-sale orders

If the commissioner has reason to believe on the basis of inspection or tests that any

pesticide or device is in violation of any provision of this chapter, or if the registration of the

pesticide has been canceled or suspended by the state or United States environmental

protection agency, the commissioner may issue a written or printed "stop-sale, use, or removal"

order to any person who owns, controls, or has custody of the pesticide or device. After receipt

of the order, a person may not sell, use, or remove the pesticide or device described in the order

except in accordance with the provisions of the order.
N.D. Cent. Code § 4.1-58-49 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-49
4.1-58-49. Remedy of receiptholders
Status: in_force

4.1-58-49. Remedy of receiptholders

A receiptholder does not have a separate claim for relief upon the warehouseman's bond,

for insurance, against any person converting grain, nor against any other receiptholder, except

through the trustee, unless, upon demand of five or more receiptholders, the commissioner fails

or refuses to apply for the commissioner's own appointment. This chapter does not prohibit or

prevent a receiptholder, either individually or with other receiptholders, from pursuing

concurrently other remedies against the person or property of the warehouseman, for the whole,

or any deficiency occurring in the redemption, of the receipts.
N.D. Cent. Code § 4.1-01-21 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-21
4.1-01-21. Federal environmental law impact review fund - Continuing appropriation - Investments
Status: in_force

4.1-01-21. Federal environmental law impact review fund - Continuing appropriation -

Investments.

1. The federal environmental law impact review fund consists of:

a. Any moneys appropriated or transferred for the purposes set forth in section

4.1-01-19;

b. Any gifts, grants, and donations forwarded to the commissioner for the purposes

set forth in section 4.1-01-19; and

c. Any interest or investment earnings upon moneys in the fund.

2. All moneys in the federal environmental law impact review fund are appropriated to the

commissioner on a continuing basis for the purposes set forth in section 4.1-01-19.

The state treasurer may invest moneys in the fund in accordance with section

21-10-07.
N.D. Cent. Code § 4.1-10-10 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-10
4.1-10-10. Assessment
Status: in_force

4.1-10-10. Assessment

1. Except as otherwise provided, an assessment at the rate of three cents per

hundredweight [45.36 kilograms] is imposed upon all potatoes grown in this state or

sold to a designated handler.

2. The council may increase the assessment by no more than one-half cent per

hundredweight [45.36 kilograms] annually until a maximum assessment of four cents

per hundredweight [45.36 kilograms] is reached.

3. This assessment is not imposed on any potatoes retained by producers for seed or for

consumption by the producer, the producer's family, and nonpaying guests.
N.D. Cent. Code § 4.1-37-04 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-04
4.1-37-04. State license fee
Status: in_force

4.1-37-04. State license fee

The agriculture commissioner shall charge a one-time twenty-five dollar fee for a private

anhydrous ammonia storage facility or a mobile storage container license, and a one-time

one hundred dollar fee for a retail anhydrous ammonia storage facility or a mobile storage

container license. Expansion of an existing anhydrous ammonia storage facility does not require

reapplication for licensing, but all siting requirements must be met. The license is valid

indefinitely but may not be transferred. A new license is required when an anhydrous ammonia

storage facility changes ownership. If a storage facility changes ownership, the agriculture

commissioner shall provide a written notification to the county when the commissioner issues a

license to the new owner.
N.D. Cent. Code § 41-02.1-17 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-17
41-02.1-17. (2A-208) Modification, rescission, and waiver
Status: in_force

41-02.1-17. (2A-208) Modification, rescission, and waiver

1. An agreement modifying a lease contract needs no consideration to be binding.

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

record may not be otherwise modified or rescinded, but, except as between

merchants, such a requirement on a form supplied by a merchant must be separately

signed by the other party.

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

subsection 2, it may operate as a waiver.

4. A party who has made a waiver affecting an executory portion of a lease 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 § 4.1-06-05 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-05
4.1-06-05. Election costs - Responsibility
Status: in_force

4.1-06-05. Election costs - Responsibility

All costs of holding county and district elections are the responsibility of the council.
N.D. Cent. Code § 41-09-71 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-71
41-09-71. (9-409) Restrictions on assignment of letter-of-credit rights ineffective
Status: in_force

41-09-71. (9-409) Restrictions on assignment of letter-of-credit rights ineffective

1. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice

applicable to the letter of credit which prohibits, restricts, or requires the consent of an

applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a

security interest in a letter-of-credit right is ineffective to the extent that the term or rule

of law, statute, regulation, custom, or practice:

a. Would impair the creation, attachment, or perfection of a security interest in the

letter-of-credit right; or

b. Provides that the assignment, creation, attachment, or perfection of the security

interest may give rise to a default, breach, right of recoupment, claim, defense,

termination, right of termination, or remedy under the letter-of-credit right.

2. To the extent that a term in a letter of credit is ineffective under subsection 1 but would

be effective under law other than this chapter or a custom or practice applicable to the

letter of credit, to the transfer of a right to draw or otherwise demand performance

under the letter of credit, or to the assignment of a right to proceeds of the letter of

credit, the creation, attachment, or perfection of a security interest in the letter-of-credit

right:

a. Is not enforceable against the applicant, issuer, nominated person, or transferee

beneficiary;

b. Imposes no duties or obligations on the applicant, issuer, nominated person, or

transferee beneficiary; and

c. Does not require the applicant, issuer, nominated person, or transferee

beneficiary to recognize the security interest, pay or render performance to the

secured party, or accept payment or other performance from the secured party.
N.D. Cent. Code § 4.1-07-14 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-14
4.1-07-14. Submission of assessment - Civil penalty
Status: in_force

4.1-07-14. Submission of assessment - Civil penalty

1. Each first purchaser shall forward to the council all assessments collected by the first

purchaser no later than the thirtieth day after the end 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 assessment due, plus

interest at the rate of twelve percent per annum from the due date.
N.D. Cent. Code § 4.1-53-47 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-47
4.1-53-47. Seed for certification purposes - Increase in foundation seed stocks
Status: in_force

4.1-53-47. Seed for certification purposes - Increase in foundation seed stocks

The seed commissioner may participate with any public or private entity in the selection,

testing, and production of seed for certification purposes and in efforts to increase foundation

seed stocks suitable for the production of certified seed.
N.D. Cent. Code § 41-04-28 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-28
41-04-28. (4-216) Insolvency and preference
Status: in_force

41-04-28. (4-216) Insolvency and preference

1. Any item in or coming into the possession of a payor or collecting bank that suspends

payment and which item is not finally paid must be returned by the receiver, trustee, or

agent in charge of the closed bank to the presenting bank or the closed bank's

customer.

2. If a payor bank finally pays an item and suspends payments without making a

settlement for the item with its customer or the presenting bank which settlement is or

becomes final, the owner of the item has a preferred claim against the payor bank.

3. If a payor bank gives or a collecting bank gives or receives a provisional settlement for

an item and thereafter suspends payments, the suspension does not prevent or

interfere with the settlement becoming final if such finality occurs automatically upon

the lapse of certain time or the happening of certain events.

4. If a collecting bank receives from subsequent parties settlement for an item which

settlement is or becomes final and suspends payments without making a settlement

for the item with its customer which is or becomes final, the owner of the item has a

preferred claim against that collecting bank.
N.D. Cent. Code § 4.1-20-06 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-06
4.1-20-06. Extension service assistance to state soil conservation committee - Duties
Status: in_force

4.1-20-06. Extension service assistance to state soil conservation committee - Duties

The North Dakota state university extension service shall assist the committee in performing

the committee's duties, within the limits of legislative appropriation. The director shall instruct

extension agents to cooperate in the delivery of information and services to the districts.