N.D. Cent. Code § 4.1-72-04 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-04
4.1-72-04. Chief brand inspector - Deputy brand inspectors - Licensed peace officers
Status: in_force

4.1-72-04. Chief brand inspector - Deputy brand inspectors - Licensed peace officers

The chief brand inspector and any individual employed by the North Dakota stockmen's

association to serve as a deputy brand inspector must be licensed peace officers in accordance

with chapter 12-63 or hold a limited peace officer license under section 12-63-09. As used in this

section "peace officer" has the same meaning as in section 12-63-01. These peace officers may

exercise the full authority of their license to enforce the brand laws and any other state laws

relating to livestock. The chief brand inspector and the deputy brand inspectors may provide aid

and assistance to other law enforcement agencies or officers, upon request, provided the

requests are not for continuous or ongoing assistance.
N.D. Cent. Code § 4.1-11-01 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-01
4.1-11-01. Definitions
Status: in_force

4.1-11-01. Definitions

As used in this chapter:

1. "Council" means the nongovernmental entity, known as the North Dakota soybean

council.

2. "Designated handler" means any person that initially places soybeans into the

channels of trade and commerce or any person that processes soybeans into food for

human consumption.

3. a. "Producer" means any person that:

(1) Plants or causes to be planted a soybean crop in which the person has an

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

harvested;

(2) Will have met the requirements of paragraph 1 during the next available

growing season; or

(3) Has met the requirements of paragraph 1 during the immediately preceding

growing season.

b. The term does not include an organic producer that has been exempted from the

payment of assessments, in accordance with federal law.
N.D. Cent. Code § 41-02.1-12 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-12
41-02.1-12. (2A-203) Seals inoperative
Status: in_force

41-02.1-12. (2A-203) Seals inoperative

The affixing of a seal to a record evidencing a lease contract or an offer to enter into a lease

contract does not render the record a sealed instrument and the law with respect to sealed

instruments does not apply to the lease contract or offer.
N.D. Cent. Code § 41-07-14 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-14
41-07-14. (7-208) Altered warehouse receipts
Status: in_force

41-07-14. (7-208) Altered warehouse receipts

If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a

good-faith purchaser for value and without notice of the lack of authority may treat the insertion

as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse

receipt enforceable against the issuer according to its original tenor.
N.D. Cent. Code § 4.1-20-16 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-16
4.1-20-16. Nominating petitions - Petitions required - Final filing date
Status: in_force

4.1-20-16. Nominating petitions - Petitions required - Final filing date

1. Any individual running for the office of supervisor shall present to the county auditor of

the county in which the district lies a petition giving that individual's name and mailing

address and the title and term of the office, and containing the signatures of not less

than twenty-five nor more than three hundred qualified electors of the district. When a

district lies in more than one county, the petition must be filed with the county auditor of

the county where the candidate resides, and that county auditor shall certify to the

county auditors of the other counties in which the district lies the name and mailing

address of the candidate filing such petition.

2. An individual may not participate directly or indirectly in the nomination for more than

one individual for each office to be filled. The final filing date for nominating petitions is

no later than four p.m. sixty-four days before the day of the election.

3. Upon receipt of the petition or the certification as provided in this section, the county

auditor shall place, without fee, the name of the candidate so nominated on the

no-party ballot at the ensuing general election.
N.D. Cent. Code § 4.1-41-05 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-05
4.1-41-05. Pet food - Specialty pet food - Registration - Exemption - Penalty
Status: in_force

4.1-41-05. Pet food - Specialty pet food - Registration - Exemption - Penalty

1. Before being distributed in this state, each pet food product and each specialty pet

food product must be registered with the commissioner. This requirement does not

apply to a distributor, provided the pet food or specialty pet food is registered by

another person.

2. To register and renew pet food and specialty pet food, a person shall submit:

a. An application form at the time and in the manner required by the commissioner;

b. A fee in the amount of one hundred dollars per product manufactured

out-of-state; and

c. A fee in the amount of fifty dollars per product manufactured in the state.

3. A registration issued under this section is valid during the period beginning on January

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

odd-numbered year.

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

person must apply for an initial registration.

5. Upon approving an application for an initial registration or a renewed registration, the

commissioner shall furnish a certificate of registration to the applicant. A certificate of

registration is not transferable.

6. Any person violating this section is subject to a penalty of twenty-five dollars for each

product that must be registered.

7. A person is exempt from this section if the person:

a. Is a resident of this state;

b. Produces pet food in a noncommercial kitchen;

c. Sells the pet food directly to the end consumer at a community event or farmer's

market; and

d. Does not use meat, poultry, fish, or their byproducts as an ingredient in the

product.
N.D. Cent. Code § 4.1-25-08 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-08
4.1-25-08. Additional security
Status: in_force

4.1-25-08. Additional security

When the department determines the value of milk purchased or received from producers

has increased or an increase reasonably may be anticipated, so the total amount of security

does not comply with the amount required by subsection 1 or 2 of section 4.1-25-06, the

department shall require additional security to afford producers the protection intended by

section 4.1-25-06. The department may suspend or revoke any license if the licensee fails to

provide the additional security required by the department under this section.
N.D. Cent. Code § 4.1-17-01 — ND Code / Title 4.1 / Chapter 4.1-17 / Section 4.1-17-01
4.1-17-01. Ginseng - Rules - Certificates
Status: in_force

4.1-17-01. Ginseng - Rules - Certificates

1. The agriculture commissioner may implement rules relating to the management and

harvesting of ginseng, including the registration of persons buying or selling ginseng,

the creation and maintenance of records, inspection requirements, and the issuance of

any certificates or other documents required in accordance with state or federal law.

2. For purposes of this section, "ginseng" means Panax quinquefolius L. and includes

ginseng seeds, tissue culture, live root, and dried root.
N.D. Cent. Code § 4.1-06-11 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-11
4.1-06-11. Designated handler - Certificate
Status: in_force

4.1-06-11. Designated handler - Certificate

1. Before a designated handler may sell, process, or ship dry beans, the designated

handler shall obtain a certificate from the council.

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

the name under which the designated handler is transacting business within this state,

the designated handler's place of business, and the location of loading and shipping

places of the designated handler's agents.

a. If the designated handler is a corporation, the application must include the

corporate name and the names and addresses of the principal officers and

agents within this state.

b. If the designated handler is a partnership, the application must include the names

and addresses of the persons constituting the partnership.

c. If the designated handler is a limited liability company, the application must

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

its principal managers and agents within this state.

3. The designated handler shall notify the council whenever there is a change of

information required by this section.
N.D. Cent. Code § 4.1-61-02 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-02
4.1-61-02. Credit-sale contract indemnity fund - Creation - Continuing appropriation
Status: in_force

4.1-61-02. Credit-sale contract indemnity fund - Creation - Continuing appropriation

There is created in the state treasury the credit-sale contract indemnity fund. The state

treasurer shall invest available moneys in the fund in accordance with section 21-10-07 and in

cooperation with the commissioner shall deposit any income earned through the investments

into the fund. The fund and earnings of the fund are appropriated to the commissioner on a

continuing basis to be used exclusively to carry out the intent and purpose of this chapter.
N.D. Cent. Code § 4.1-21-12 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-12
4.1-21-12. Trees for North Dakota program and trust fund
Status: in_force

4.1-21-12. Trees for North Dakota program and trust fund

The trees for North Dakota program is created for the public purpose of strengthening the

tradition of tree planting and management in this state.

A special fund known as the trees for North Dakota program trust fund is established in the

state treasury. Income earned on moneys in the fund must be credited to the fund. The state

forester shall deposit all program funds received from governmental and private sources in the

trust fund. Program funds may be expended for direct costs or distributed for grants and

contracts by the state forester within the limits of legislative appropriations for defraying the

costs associated with execution of the trees for North Dakota program.

Any political subdivision of the state may provide financial aid or supportive services to the

trees for North Dakota program.
N.D. Cent. Code § 41-05-01 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-01
41-05-01. (5-101) Short title
Status: in_force

41-05-01. (5-101) Short title

This chapter may be cited as the Uniform Commercial Code - Letters of Credit.
N.D. Cent. Code § 4.1-32-04 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-04
4.1-32-04. Unloading chutes and vehicles used by rendering plant - Regulations governing
Status: in_force

4.1-32-04. Unloading chutes and vehicles used by rendering plant - Regulations

governing.

1. Any unloading places or chutes used by a rendering plant or establishment must be on

cement floors that can be cleaned and disinfected. Every vehicle used for transporting

carcasses of dead animals to a rendering plant or establishment must:

a. Have a bed or tank not less than fifty inches [127 centimeters] in width which is all

metal, metal lined, or watertight for at least six inches [15.24 centimeters] above

the floor of the box or bed of the vehicle.

b. Have a metal-lined endgate that is hinged at the bottom of the bed or box of the

vehicle and is fastened firmly to the top of the bed or box of the vehicle when

closed.

c. Have sides, a top, and an endgate that will prevent flies and other insects from

entering the vehicle.

d. Carry a tank filled with a solution approved by the state veterinarian for use as a

disinfectant.

e. Be disinfected with the solution described in subdivision d after it has been used

for collecting a dead animal and before it enters upon any public highway of this

state. Special attention must be given to all those parts of the vehicle which came

in contact with the ground while upon the premises.

f. Be thoroughly washed and disinfected with the solution described in subdivision d

or with live steam, or both, after the dead animal has been unloaded at the

rendering plant.

2. The operator of any vehicle used for transporting the carcasses of dead animals to a

rendering plant shall wash with disinfectant, paying special attention to disinfecting the

operator's hands and footwear, with the solution described in subdivision d of

subsection 1 immediately after leaving any farm at which the operator has collected

the carcass of a dead animal.
N.D. Cent. Code § 41-09-60 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-60
41-09-60. (9-340) Effectiveness of right of recoupment or setoff against deposit account or certificate of deposit
Status: in_force

41-09-60. (9-340) Effectiveness of right of recoupment or setoff against deposit

account or certificate of deposit.

1. Except as otherwise provided in subsection 3, a bank with which a deposit account or

certificate of deposit is maintained may exercise any right of recoupment or setoff

against a secured party that holds a security interest in the deposit account or

certificate of deposit.

2. Except as otherwise provided in subsection 3, the application of this chapter to a

security interest in a deposit account or certificate of deposit does not affect a right of

recoupment or setoff of the secured party as to a deposit account or certificate of

deposit maintained with the secured party.

3. The exercise by a bank of a setoff against a deposit account or certificate of deposit is

ineffective against a secured party that holds a security interest in the deposit account

or certificate of deposit which is perfected by control under subdivision c of

subsection 1 of section 41-09-04, if the setoff is based on a claim against the debtor.
N.D. Cent. Code § 41-02.1-48 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-48
41-02.1-48. (2A-407) Irrevocable promises - Finance leases
Status: in_force

41-02.1-48. (2A-407) Irrevocable promises - Finance leases

1. In the case of a finance lease that is not a consumer lease, the lessee's promises

under the lease contract become irrevocable and independent upon the lessee's

acceptance of the goods.

2. A promise that has become irrevocable and independent under subsection 1:

a. Is effective and enforceable between the parties and by or against third parties,

including assignees of the parties.

b. Is not subject to cancellation, termination, modification, repudiation, excuse, or

substitution without the consent of the party to whom the promise runs.

3. This section does not affect the validity under any other law of a covenant in any lease

contract making the lessee's promises irrevocable and independent upon the lessee's

acceptance of the goods.
N.D. Cent. Code § 41-08-30 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-30
41-08-30. (8-304) Endorsement
Status: in_force

41-08-30. (8-304) Endorsement

1. An endorsement may be in blank or special. An endorsement in blank includes an

endorsement to bearer. A special endorsement specifies to whom a security is to be

transferred or who has power to transfer it. A holder may convert a blank endorsement

to a special endorsement.

2. An endorsement purporting to be only of part of a security certificate representing units

intended by the issuer to be separately transferable is effective to the extent of the

endorsement.

3. An endorsement, whether special or in blank, does not constitute a transfer until

delivery of the certificate on which it appears or, if the endorsement is on a separate

document, until delivery of both the document and the certificate.

4. If a security certificate in registered form has been delivered to a purchaser without a

necessary endorsement, the purchaser may become a protected purchaser only when

the endorsement is supplied. However, against a transferor, a transfer is complete

upon delivery and the purchaser has a specifically enforceable right to have any

necessary endorsement supplied.

5. An endorsement of a security certificate in bearer form may give notice of an adverse

claim to the certificate, but it does not otherwise affect a right to registration that the

holder possesses.

6. Unless otherwise agreed, a person making an endorsement assumes only the

obligations provided in section 41-08-08 and not an obligation that the security will be

honored by the issuer.
N.D. Cent. Code § 4.1-58-22 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-22
4.1-58-22. Discrimination by public warehouseman prohibited - Posting prices
Status: in_force

4.1-58-22. Discrimination by public warehouseman prohibited - Posting prices

1. A public warehouseman may not discriminate:

a. In the buying, selling, receiving, and handling of grain or in the charges made or

the service rendered to owners of stored grain;

b. In the receiving of grain offered for sale or storage;

c. In regard to the persons offering grain for sale or storage; or

d. Between points or stations except as the marketing factors or transportation costs

or grain quality premiums may warrant.

2. A public warehouseman is not required to receive for storage any grain that is heating

or otherwise out of condition. Storing grain free of charge is prohibited except as

prescribed by law. A warehouseman shall post grain prices paid in a conspicuous

place in the office or driveway of the warehouseman's place of business.
N.D. Cent. Code § 41-09-127 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-127
41-09-127. (9-705) Effectiveness of action taken before effective date
Status: in_force

41-09-127. (9-705) Effectiveness of action taken before effective date

1. If action, other than the filing of a financing statement, is taken before July 1, 2001,

and the action would have resulted in priority of a security interest over the rights of a

person that becomes a lien creditor had the security interest become enforceable

before July 1, 2001, the action is effective to perfect a security interest that attaches

under this chapter by July 1, 2002. An attached security interest becomes unperfected

on July 1, 2002, unless the security interest becomes a perfected security interest

under this chapter before the expiration of that period.

2. The filing of a financing statement before July 1, 2001, is effective to perfect a security

interest to the extent the filing would satisfy the applicable requirements for perfection

under this chapter.

3. This chapter does not render ineffective an effective financing statement that, before

July 1, 2001, is filed and satisfies the applicable requirements for perfection under the

law of the jurisdiction governing perfection as provided in the former section 41-09-03.

However, except as otherwise provided in subsections 4 and 5 and section 41-09-128,

the financing statement ceases to be effective at the earlier of:

a. The time the financing statement would have ceased to be effective under the law

of the jurisdiction in which it is filed; or

b. June 30, 2006.

4. The filing of a continuation statement after this chapter takes effect does not continue

the effectiveness of the financing statement filed before July 1, 2001. However, upon

the timely filing of a continuation statement after July 1, 2001, and in accordance with

the law of the jurisdiction governing perfection as provided in part 3, the effectiveness

of a financing statement filed in the same office in that jurisdiction before July 1, 2001,

continues for the period provided by the law of that jurisdiction.

5. Subdivision b of subsection 3 applies to a financing statement that, before July 1,

2001, is filed against a transmitting utility and satisfies the applicable requirements for

perfection under the law of the jurisdiction governing perfection as provided in the

former section 41-09-03 only to the extent that part 3 provides that the law of a

jurisdiction other than the jurisdiction in which the financing statement is filed governs

perfection of a security interest in collateral covered by the financing statement.

6. A financing statement that includes a financing statement filed before July 1, 2001,

takes effect and a continuation statement filed after July 1, 2001, is effective only to

the extent that it satisfies the requirements of part 5 for an initial financing statement.
N.D. Cent. Code § 41-02-53 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-53
41-02-53. (2-505) Seller's shipment under reservation
Status: in_force

41-02-53. (2-505) Seller's shipment under reservation

1. If the seller has identified goods to the contract by or before shipment:

a. The seller's procurement of a negotiable bill of lading to the seller's own order or

otherwise reserves in the seller a security interest in the goods. The seller's

procurement of the bill to the order of a financing agency or of the buyer indicates

in addition only the seller's expectation of transferring that interest to the person

named.

b. A non-negotiable bill of lading to the seller or the seller's nominee reserves

possession of the goods as security but except in a case of conditional delivery

(subsection 2 of section 41-02-55) a non-negotiable bill of lading naming the

buyer as consignee reserves no security interest even though the seller retains

possession or control of the bill of lading.

2. When shipment by the seller with reservation of a security interest is in violation of the

contract for sale, it constitutes an improper contract for transportation within section

41-02-52 but impairs neither the rights given to the buyer by shipment and

identification of the goods to the contract nor the seller's powers as a holder of a

negotiable document of title.
N.D. Cent. Code § 4.1-20-13 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-13
4.1-20-13. Petition to include additional area within existing district
Status: in_force

4.1-20-13. Petition to include additional area within existing district

Petitions to include additional area within an existing district may be filed with the committee

at any time, and the proceedings provided in connection with a petition to organize a district

must be observed in the case of a petition for such inclusion. A portion of a district may upon

petition of a majority of the qualified electors in that portion, and without an election, be annexed

to an adjoining district, and become a part of that adjoining district upon filing the petition with

the state soil conservation committee.
N.D. Cent. Code § 41-04-04 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-04
41-04-04. (4-104) Definitions and index of definitions
Status: in_force

41-04-04. (4-104) Definitions and index of definitions

1. In this chapter, unless the context otherwise requires:

a. "Account" means any deposit or credit account with a bank and includes a

demand, time, savings, passbook, share draft, or like account, other than an

account evidenced by a certificate of deposit.

b. "Afternoon" means the period of a day between noon and midnight.

c. "Banking day" means the part of a day on which a bank is open to the public for

carrying on substantially all of its banking functions.

d. "Clearinghouse" means an association of banks or other payors regularly clearing

items.

e. "Customer" means a person having an account with a bank or for whom a bank

has agreed to collect items and includes a bank maintaining an account at

another bank.

f. "Documentary draft" means a draft to be presented for acceptance or payment if

specified documents, certificated securities (section 41-08-02), or instructions for

uncertificated securities (section 41-08-02), or other certificates, statements, or

the like are to be received by the drawee or other payor before acceptance or

payment of the draft.

g. "Draft" means a draft as defined in section 41-03-04 or an item, other than an

instrument, that is an order.

h. "Drawee" means a person ordered in a draft to make payment.

i. "Item" means an instrument or a promise or order to pay money handled by a

bank for collection or payment. The term does not include a payment order

governed by chapter 41-04.1 or a credit or debit card slip.

j. "Midnight deadline" with respect to a bank is midnight on its next banking day

following the banking day on which it receives the relevant item or notice or from

which the time for taking action commences to run, whichever is later.

k. "Settle" means to pay in cash, by clearinghouse settlement, in a charge or credit,

or by remittance, or otherwise as agreed. A settlement may be either provisional

or final.

l. "Suspends payments" with respect to a bank means that it has been closed by

order of the supervisory authorities, that a public officer has been appointed to

take it over, or that it ceases or refuses to make payments in the ordinary course

of business.

2. Other definitions applying to this chapter and the sections in which they appear are:

a. "Bank". Section 41-04-05.

b. "Collecting bank". Section 41-04-05.

c. "Depositary bank". Section 41-04-05.

d. "Electronic presentment agreement". Section 41-04-10.

e. "Intermediary bank". Section 41-04-05.

f. "Payor bank". Section 41-04-05.

g. "Presenting bank". Section 41-04-05.

h. "Presentment notice". Section 41-04-10.

3. "Control" as provided under section 41-07-06 and the following definitions in other

chapters apply to this chapter:

a. "Acceptance". Section 41-03-46.

b. "Alteration". Section 41-03-44.

c. "Cashier's check". Section 41-03-04.

d. "Certificate of deposit". Section 41-03-04.

e. "Certified check". Section 41-03-45.

f. "Check". Section 41-03-04.

g. "Holder in due course". Section 41-03-28.

h. "Instrument". Section 41-03-04.

i. "Notice of dishonor". Section 41-03-60.

j. "Order". Section 41-03-03.

k. "Ordinary care". Section 41-03-03.

l. "Person entitled to enforce". Section 41-03-27.

m. "Presentment". Section 41-03-58.

n. "Promise". Section 41-03-03.

o. "Prove". Section 41-03-03.

p. "Teller's check". Section 41-03-04.

q. "Unauthorized signature". Section 41-03-40.

4. In addition, chapter 41-01 contains general definitions and principles of construction

and interpretation applicable throughout this chapter.
N.D. Cent. Code § 4.1-58-45 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-45
4.1-58-45. Trust fund established - Trustee
Status: in_force

4.1-58-45. Trust fund established - Trustee

1. Upon the insolvency of a warehouseman, a trust fund must be established:

a. For the benefit of noncredit-sale receiptholders of the insolvent warehouseman,

other than those that have waived their rights as beneficiaries of the trust fund in

accordance with section 4.1-58-15; and

b. To pay the costs incurred by the commissioner in the administration of this

chapter.

2. The trust fund consists of the following:

a. The grain in the warehouse of the insolvent warehouseman or the proceeds as

obtained through the sale of the grain;

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

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

appointed trustee;

c. The proceeds of insurance policies upon grain destroyed in the elevator;

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

any bond given by the warehouseman to ensure faithful performance of the

duties of a warehouseman;

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

any grain stored in the warehouse;

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

that precipitated an insolvency;

g. Unencumbered equity in grain hedging accounts; and

h. Unencumbered grain product assets.

3. Upon the insolvency of a warehouseman, the commissioner shall act as trustee of the

trust fund.
N.D. Cent. Code § 4.1-32-10 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-10
4.1-32-10. Restrictions on locating rendering plants
Status: in_force

4.1-32-10. Restrictions on locating rendering plants

An establishment licensed under this chapter may not be constructed within three miles

[4.83 kilometers] of the limits of any municipality or within one mile [1.61 kilometers] of any

farmstead unless the owner of the farmstead gives written consent.
N.D. Cent. Code § 4.1-03-07 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-07
4.1-03-07. Chairman - Meetings
Status: in_force

4.1-03-07. Chairman - 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

within seven days when petitioned to do so by three voting members of the

commission.

3. The commission shall hold at least three regular meetings each year.
N.D. Cent. Code § 4.1-31-05.1 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-05.1
4.1-31-05.1. Misrepresentation of cell-cultured protein as meat food product prohibited
Status: in_force

4.1-31-05.1. Misrepresentation of cell-cultured protein as meat food product

prohibited.

1. A person may not advertise, offer for sale, sell, or misrepresent cell-cultured protein as

a meat food product. A cell-cultured protein product:

a. May not be packaged in the same, or deceptively similar, packaging as a meat

food product; and

b. Must be labeled as a cell-cultured protein food product.

2. For purposes of this section, "deceptively similar" means packaging that could mislead

a reasonable person to believe the product is a meat food product.
N.D. Cent. Code § 4.1-53-36 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-36
4.1-53-36. Tree seed and shrub seed - Label requirements - Treated seed
Status: in_force

4.1-53-36. Tree seed and shrub seed - Label requirements - Treated seed

1. In addition to any other requirements set forth in this chapter, if the tree seed or shrub

seed has been treated, the label must indicate that the treatment has occurred and

must include the commonly accepted, coined, chemical, or abbreviated chemical

name of any substance used in the treatment.

2. If the substance with which the seed was treated is harmful to humans or to other

vertebrate animals, the label must contain a cautionary statement prohibiting use of

the seed for human or animal consumption.

3. If the substance with which the seed was treated is a mercurial or a similarly toxic

substance, the label must contain a statement and symbol indicating that the

substance is poison.

4. If the substance with which the seed was treated is an inoculant, the label must

contain the date beyond which the inoculant is claimed not to be effective for use on

that particular seed.
N.D. Cent. Code § 4.1-61-11 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-11
4.1-61-11. Revocation and suspension
Status: in_force

4.1-61-11. Revocation and suspension

The commissioner may suspend or revoke the license of a licensee for cause upon notice

and hearing for violation of this chapter.
N.D. Cent. Code § 4.1-13-24 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-24
4.1-13-24. Contract with trade associations - Report to legislative assembly
Status: in_force

4.1-13-24. Contract with trade associations - Report to legislative assembly

At the time the commission presents the report required by section 4.1-54-04, each trade

association with which the commission has contracted under section 4.1-13-23 shall present a

report detailing all activities in which the trade association engaged under the contract.
N.D. Cent. Code § 4.1-25-09 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-09
4.1-25-09. Filing of security before license year
Status: in_force

4.1-25-09. Filing of security before license year

An applicant or licensee shall file bonds or other security for the license year with the

department by the first day of June immediately preceding the beginning of each license year. If

an applicant or licensee fails to file a surety bond or other security by July first of the license

year and has not been relieved from filing a surety bond or other security, the department shall

notify producers that the applicant or licensee has not filed any security or made other

provisions for assuring payments for milk purchases for the license year.
N.D. Cent. Code § 41-09-88 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-88
41-09-88. (9-517) Effect of indexing errors
Status: in_force

41-09-88. (9-517) Effect of indexing errors

The failure of the filing office to index a record correctly does not affect the effectiveness of

the filed record.
N.D. Cent. Code § 41-09-69 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-69
41-09-69. (9-407) Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest
Status: in_force

41-09-69. (9-407) Restrictions on creation or enforcement of security interest in

leasehold interest or in lessor's residual interest.

1. Except as otherwise provided in subsection 2, a term in a lease agreement is

ineffective to the extent that the term:

a. Prohibits, restricts, or requires the consent of a party to the lease to the

assignment, transfer, creation, attachment, perfection, or enforcement of a

security interest in an interest of a party under the lease contract or in the lessor's

residual interest in the goods; or

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

enforcement of the security interest may give rise to a default, breach, right of

recoupment, claim, defense, termination, right of termination, or remedy under

the lease.

2. Except as otherwise provided in subsection 6 of section 41-02.1-33, a term described

in subdivision b of subsection 1 is effective to the extent that there is:

a. A transfer by the lessee of the lessee's right of possession or use of the goods in

violation of the term; or

b. A delegation of a material performance of either party to the lease contract in

violation of the term.

3. The creation, attachment, perfection, or enforcement of a security interest in the

lessor's interest under the lease contract or the lessor's residual interest in the goods

is not a transfer that materially impairs the lessee's prospect of obtaining return

performance or materially changes the duty of or materially increases the burden or

risk imposed on the lessee within the purview of subsection 4 of section 41-02.1-33

unless, and then only to the extent that, enforcement actually results in a delegation of

material performance of the lessor.
N.D. Cent. Code § 41-09-11 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-11
41-09-11. (9-201) General effectiveness of security agreement
Status: in_force

41-09-11. (9-201) General effectiveness of security agreement

1. Except as otherwise provided in this title, a security agreement is effective according to

the security agreement's terms between the parties, against purchasers of the

collateral, and against creditors.

2. A transaction, although subject to this chapter, is also subject to section 47-19-41 and

chapters 13-04.1, 35-05, 49-09, and 51-13. In the case of conflict between this chapter

and any of those statutes, the provisions of those statutes control. Failure to comply

with any applicable statute has only the effect that is specified therein.

3. In case of conflict between this chapter and a rule of law, statute, or regulation

described in subsection 2, the rule of law, statute, or regulation controls. Failure to

comply with a statute or regulation described in subsection 2 has only the effect the

statute or regulation specifies. In no event is the failure of a secured party to comply

with a statute or rule other than this chapter a failure to comply with any provision of

this chapter.

4. This chapter does not:

a. Validate any rate, charge, agreement, or practice that violates a rule of law,

statute, or regulation described in subsection 2; or

b. Extend the application of the rule of law, statute, or regulation to a transaction not

otherwise subject to it.
N.D. Cent. Code § 41-04-36 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-36
41-04-36. (4-405) Death or incompetence of customer
Status: in_force

41-04-36. (4-405) Death or incompetence of customer

1. A payor or collecting bank's authority to accept, pay, or collect an item, or to account

for proceeds of its collection if otherwise effective is not rendered ineffective by

incompetence of a customer of either bank existing at the time the item is issued or its

collection is undertaken if the bank does not know of an adjudication of incompetence.

Neither death nor incompetence of a customer revokes the authority to accept, pay,

collect, or account until the bank knows of the fact of death or of an adjudication of

incompetence and has reasonable opportunity to act on it.

2. Even with knowledge a bank may for ten days after the date of death pay or certify

checks drawn on or before that date unless ordered to stop payment by a person

claiming an interest in the account.
N.D. Cent. Code § 41-04.1-12 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-12
41-04.1-12. (4A-204) Refund of payment and duty of customer to report with respect to unauthorized payment order
Status: in_force

41-04.1-12. (4A-204) Refund of payment and duty of customer to report with respect

to unauthorized payment order.

1. If a receiving bank accepts a payment order issued in the name of its customer as

sender which is not authorized and not effective as the order of the customer under

section 41-04.1-10 or is not enforceable, in whole or in part, against the customer

under section 41-04.1-11, the bank shall refund any payment of the payment order

received from the customer to the extent the bank is not entitled to enforce payment

and shall pay interest on the refundable amount from the date the bank received

payment to the date of the refund. However, the customer is not entitled to interest

from the bank on the amount to be refunded if the customer fails to exercise ordinary

care to determine that the order was not authorized by the customer and to notify the

bank of the relevant facts within a reasonable time not exceeding ninety days after the

date the customer received notification from the bank that the order was accepted or

that the customer's account was debited with respect to the order. The bank is not

entitled to any recovery from the customer because of a failure by the customer to give

notification as stated in this section.

2. Reasonable time under subsection 1 may be fixed by agreement under subsection 1

of section 41-01-16, but the obligation of a receiving bank to refund payment as stated

in subsection 1 may not otherwise be varied by agreement.
N.D. Cent. Code § 4.1-03-12 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-12
4.1-03-12. Collection of assessment
Status: in_force

4.1-03-12. Collection of assessment

1. Each livestock auction market and livestock dealer shall:

a. Collect the assessments due under this chapter by deducting the assessments

from any credit given or payment made to the seller of the cattle, at the time of

the transaction; and

b. Forward the assessments to the commission in accordance with section

4.1-03-13.

2. a. If a person sells North Dakota cattle outside this state or if a person sells North

Dakota cattle to an out-of-state buyer, the person shall forward any assessments

due under this chapter to the commission in accordance with section 4.1-03-13.

b. This subsection does not apply if the assessment has been paid to a brand

inspector in another state or to another qualified state beef council.

3. Any other person selling cattle in this state shall forward any assessments due under

this chapter to the commission in accordance with section 4.1-03-13.
N.D. Cent. Code § 41-09-33 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-33
41-09-33. (9-313) When possession by or delivery to secured party perfects security interest without filing
Status: in_force

41-09-33. (9-313) When possession by or delivery to secured party perfects security

interest without filing.

1. Except as otherwise provided in subsection 2, a secured party may perfect a security

interest in certificated certificates of deposit, goods, instruments, negotiable tangible

documents, or tangible money by taking possession of the collateral. A secured party

may perfect a security interest in certificated securities by taking delivery of the

certificated securities under section 41-08-27.

2. With respect to goods covered by a certificate of title issued by this state, a secured

party may perfect a security interest in the goods by taking possession of the goods

only in the circumstances described in subsection 4 of section 41-09-36.

3. With respect to collateral other than certificated securities and goods covered by a

document, a secured party takes possession of collateral in the possession of a

person other than the debtor, the secured party, or a lessee of the collateral from the

debtor in the ordinary course of the debtor's business, when:

a. The person in possession signs a record acknowledging that it holds possession

of the collateral for the secured party's benefit; or

b. The person takes possession of the collateral after having signed a record

acknowledging that it will hold possession of the collateral for the secured party's

benefit.

4. If perfection of a security interest depends upon possession of the collateral by a

secured party, perfection occurs not earlier than the time the secured party takes

possession and continues only while the secured party retains possession.

5. A security interest in a certificated security in registered form is perfected by delivery

when delivery of the certificated security occurs under section 41-08-27 and remains

perfected by delivery until the debtor obtains possession of the security certificate.

6. A person in possession of collateral is not required to acknowledge that it holds

possession for a secured party's benefit.

7. If a person acknowledges that it holds possession for the secured party's benefit:

a. The acknowledgment is effective under subsection 3 or subsection 1 of section

41-09-21, even if the acknowledgment violates the rights of a debtor; and

b. Unless the person otherwise agrees or law other than this chapter otherwise

provides, the person does not owe any duty to the secured party and is not

required to confirm the acknowledgment to another person.

8. A secured party having possession of collateral does not relinquish possession by

delivering the collateral to a person other than the debtor or a lessee of the collateral

from the debtor in the ordinary course of the debtor's business if the person was

instructed before the delivery or is instructed contemporaneously with the delivery:

a. To hold possession of the collateral for the secured party's benefit; or

b. To redeliver the collateral to the secured party.

9. A secured party does not relinquish possession, even if a delivery under subsection 8

violates the rights of a debtor. A person to which collateral is delivered under

subsection 8 does not owe any duty to the secured party and is not required to confirm

the delivery to another person unless the person otherwise agrees or law other than

this chapter otherwise provides.
N.D. Cent. Code § 4.1-58-11 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-11
4.1-58-11. Bond filed by public warehouseman
Status: in_force

4.1-58-11. Bond filed by public warehouseman

1. Before a license is effective for a public warehouseman, the applicant for the license

shall file a bond with the commissioner which must:

a. Be in a sum not less than one hundred thousand dollars for any one warehouse.

b. Be continuous, unless the corporate surety by certified mail notifies the licensee

and the commissioner the surety bond will be canceled ninety days after receipt

of the notice of cancellation.

c. Run to this state for the benefit of all persons storing or selling grain in that

warehouse.

d. Be conditioned:

(1) For the faithful performance of the licensee's duties as a public

warehouseman.

(2) For compliance with the provisions of law and the rules of the commissioner

relating to the storage and purchase of grain by the warehouseman.

e. Specify the location of each public warehouse intended to be covered by the

bond.

f. Be for the specific purpose of:

(1) Protecting the holders of outstanding receipts.

(2) Covering the costs incurred by the commissioner in the administration of this

chapter in the event of the licensee's insolvency.

g. Not accrue to the benefit of any person entering a credit-sale contract with a

public warehouseman.

2. The aggregate liability of the surety under a bond does not accumulate for each

successive annual license renewal period during which the bond is in force but, for

losses during an annual license renewal period, is limited in the aggregate to the bond

amount stated or changed by appropriate endorsement or rider.

3. The commissioner shall set the amount of the bond and may require an increase in the

amount of a bond as the commissioner deems necessary to accomplish the purposes

of this section. The amount of the bond must be:

a. Based on the dollar value of the grain purchased; and

b. Calculated using the value of the amount of grain intended to be purchased by a

new licensee during the first year of operation, or the three-year rolling annual

average of the value of grain purchased at the time of license renewal.

4. The surety on the bond must be a corporate surety company, approved by the

commissioner, and authorized to do business within the state. The commissioner may

accept cash, a negotiable instrument, or a bond executed by personal sureties in lieu

of a surety bond if, in the commissioner's judgment, the cash, negotiable instrument, or

personal surety bond properly will protect the holders of outstanding receipts.

5. One bond only may be given for a line of elevators, mills, or warehouses, owned,

controlled, or operated by one individual, firm, corporation, or limited liability company,

and the bond must be construed to cover the elevators, mills, or warehouses, as a

whole and not a specific amount for each.
N.D. Cent. Code § 41-12-01 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-01
41-12-01. (12-101) Title
Status: in_force

41-12-01. (12-101) Title

This chapter may be cited as Uniform Commercial Code - Controllable Electronic Records.
N.D. Cent. Code § 41-08-45 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-45
41-08-45. (8-505) Duty of securities intermediary with respect to payments and distributions
Status: in_force

41-08-45. (8-505) Duty of securities intermediary with respect to payments and

distributions.

1. A securities intermediary shall take action to obtain a payment or distribution made by

the issuer of a financial asset. A securities intermediary satisfies the duty if:

a. The securities intermediary acts with respect to the duty as agreed upon by the

entitlement holder and the securities intermediary; or

b. In the absence of agreement, the securities intermediary exercises due care in

accordance with reasonable commercial standards to attempt to obtain the

payment or distribution.

2. A securities intermediary is obligated to its entitlement holder for a payment or

distribution made by the issuer of a financial asset if the payment or distribution is

received by the securities intermediary.
N.D. Cent. Code § 4.1-33-16 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-16
4.1-33-16. Certification exemptions
Status: in_force

4.1-33-16. Certification exemptions

1. The certification requirements of this chapter do not apply to an individual applying

nonrestricted use pesticides under the direct supervision of a private or commercial

applicator, unless the pesticide label requires that a certified applicator personally

apply the pesticide. A pesticide is applied under the direct supervision of a private or

commercial applicator if the pesticide is applied by an individual acting under the

instruction and control of a certified applicator who is physically available if needed.

The certified applicator need not be present when the pesticide is applied. Direct

supervision with respect to applications using aircraft requires that the pilot of the

aircraft be appropriately certified. The certification requirements of this chapter do not

apply to a competent person applying a restricted use herbicide under the direct

supervision of a private applicator, unless the herbicide label requires that a certified

applicator personally apply the particular herbicide. An herbicide is deemed to be

applied under the direct supervision of a private applicator if it is applied by a

competent person acting under the instruction and control of a private applicator who

is available if needed, even though the private applicator is not physically present at

the time and place the herbicide is applied.

2. The certification requirements of this chapter do not apply to any person conducting

laboratory-type research using restricted use pesticides or to a doctor of medicine or a

doctor of veterinary medicine applying a pesticide as a drug or as medication during

the course of normal practice.

3. The certification requirements of this chapter do not apply to an individual applying

nonrestricted-use antimicrobial pesticides.
N.D. Cent. Code § 4.1-37-09 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-09
4.1-37-09. Reinstalled and secondhand anhydrous ammonia storage containers - Requirement
Status: in_force

4.1-37-09. Reinstalled and secondhand anhydrous ammonia storage containers -

Requirement.

1. A person intending to store anhydrous ammonia in a reinstalled or secondhand

container, including a nurse tank, shall furnish the agriculture commissioner with:

a. Evidence that the container is registered with the national board of boiler and

pressure vessel inspectors; or

b. The manufacturer's data report for the container.

2. Subsection 1 is only applicable to the owner of an anhydrous ammonia storage

container installed in this state before November 1, 1987, if the storage container is

reinstalled at another location.
N.D. Cent. Code § 4.1-13-08 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-08
4.1-13-08. Election costs - Responsibility
Status: in_force

4.1-13-08. Election costs - Responsibility

All costs of holding county and district meetings and elections are the responsibility of the

commission.
N.D. Cent. Code § 41-10-04 — ND Code / Title 41 / Chapter 41-10 / Section 41-10-04
41-10-04. Cause of action - Injunction
Status: in_force

41-10-04. Cause of action - Injunction

1. The following persons may bring an action to enjoin violation of this chapter or to

recover civil damages under this chapter:

a. The natural person whose name was provided as an individual debtor in the

financing statement record filed without that person's authorization under section

41-09-80, any person who owns an interest in the collateral described or

indicated in the financing statement record, or any person directly harmed by the

filing of the financing statement record;

b. The attorney general;

c. A state's attorney;

d. A municipal attorney; and

e. A person who has been damaged as a result of an action taken in reliance on the

filed financing statement record.

2. A filing officer may refer a matter to the attorney general or other appropriate person

for filing the legal action under this chapter.
N.D. Cent. Code § 4.1-20-02 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-02
4.1-20-02. Definitions
Status: in_force

4.1-20-02. Definitions

In this chapter, unless the context otherwise requires:

1. "Committee" means the state soil conservation committee.

2. "Director" means the director of the North Dakota state university extension service.

3. "District" means a political subdivision of this state organized as a soil conservation

district under this chapter.

4. "Due notice" means notice published at least twice, with at least seven days between

publications, in a newspaper or other publication of general circulation within the

appropriate area.

5. "Government" includes the government of this state, the government of the United

States, and any subdivision, agency, or instrumentality, corporate or otherwise, of

either of them.

6. "Land occupier" includes any person that holds title to or is in possession of any lands

lying within a district.

7. "Qualified elector" means an individual who is at least eighteen years old, is a citizen

of the United States, and has resided in the precinct thirty days next preceding the

election.

8. "Supervisor" means one of the members of the governing body of a district, elected or

appointed, in accordance with this chapter.
N.D. Cent. Code § 4.1-47-06 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-06
4.1-47-06. County weed board - Members - Terms - Compensation
Status: in_force

4.1-47-06. County weed board - Members - Terms - Compensation

1. Each board of county commissioners shall:

a. Establish contiguous county weed board member areas; or

b. Determine that county weed board members must be appointed at large.

2. The board of county commissioners shall appoint a county weed board consisting of

three, five, or seven members. Members shall serve for a term of four years or until

their successors are appointed and qualified. The terms must be staggered so that no

more than two expire each year.

3. If the board of county commissioners has established county weed board member

areas as provided for in subsection 1, any qualified elector residing in the county weed

board member area is eligible to represent that area on the board. If the board of

county commissioners has determined that county weed board members must be

appointed at large as provided for in subsection 1, any qualified elector residing in the

county is eligible to serve on the county weed board.

4. A board member shall assume office at the first regular meeting of the county weed

board following that member's appointment.

5. The board of county commissioners shall remove a member of the county weed board

for repeated unexcused failures to attend meetings, for refusal to act as a board

member, or for incapacity. If a vacancy occurs on a county weed board, the board of

county commissioners, at its next regular meeting, shall appoint an individual who

possesses the necessary qualifications to fill the unexpired term.

6. a. The county weed board shall elect a chairman and a vice chairman from among

its members.

b. The county weed board shall appoint a secretary and a treasurer. The secretary

and treasurer need not be members of the board.

7. The board of county commissioners shall establish the rate of compensation for county

weed board members. Actual expenses incurred by board members may be

reimbursed at the official reimbursement rates of the appointing authority.
N.D. Cent. Code § 4.1-05-14 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-14
4.1-05-14. Continuing appropriation
Status: in_force

4.1-05-14. Continuing appropriation

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

for deposit in the North Dakota dairy promotion commission fund. All moneys in the North

Dakota dairy promotion commission fund are appropriated on a continuing basis to the

commission to be used exclusively to carry out this chapter.
N.D. Cent. Code § 4.1-59-26 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-26
4.1-59-26. Remedy of receiptholders
Status: in_force

4.1-59-26. Remedy of receiptholders

A receiptholder does not have a separate claim for relief upon any insolvent licensee'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 or unless the

district court denies the application. This chapter does not prohibit a receiptholder, either

individually or with other receiptholders, from pursuing concurrently any other remedy against

the person or property of the licensee.
N.D. Cent. Code § 41-01-11 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-11
41-01-11. (1-203) Lease distinguished from security interest
Status: in_force

41-01-11. (1-203) Lease distinguished from security interest

1. Whether a transaction in the form of a lease creates a lease or security interest is

determined by the facts of each case.

2. A transaction in the form of a lease creates a security interest if the consideration that

the lessee is to pay the lessor for the right to possession and use of the goods is an

obligation for the term of the lease and is not subject to termination by the lessee, and:

a. The original term of the lease is equal to or greater than the remaining economic

life of the goods;

b. The lessee is bound to renew the lease for the remaining economic life of the

goods or is bound to become the owner of the goods;

c. The lessee has an option to renew the lease for the remaining economic life of

the goods for no additional consideration or for nominal additional consideration

upon compliance with the lease agreement; or

d. The lessee has an option to become the owner of the goods for no additional

consideration or for nominal additional consideration upon compliance with the

lease agreement.

3. A transaction in the form of a lease does not create a security interest merely because:

a. The present value of the consideration the lessee is obligated to pay the lessor

for the right to possession and use of the goods is substantially equal to or is

greater than the fair market value of the goods at the time the lease is entered;

b. The lessee assumes risk of loss of the goods;

c. The lessee agrees to pay, with respect to the goods, taxes, insurance, filing,

recording, or registration fees, or service or maintenance costs;

d. The lessee has an option to renew the lease or to become the owner of the

goods;

e. The lessee has an option to renew the lease for a fixed rent that is equal to or

greater than the reasonably predictable fair market rent for the use of the goods

for the term of the renewal at the time the option is to be performed; or

f. The lessee has an option to become the owner of the goods for a fixed price that

is equal to or greater than the reasonably predictable fair market value of the

goods at the time the option is to be performed.

4. Additional consideration is nominal if that consideration is less than the lessee's

reasonably predictable cost of performing under the lease agreement if the option is

not exercised. Additional consideration is not nominal if:

a. When the option to renew the lease is granted to the lessee, the rent is stated to

be the fair market rent for the use of the goods for the term of the renewal

determined at the time the option is to be performed; or

b. When the option to become the owner of the goods is granted to the lessee, the

price is stated to be the fair market value of the goods determined at the time the

option is to be performed.

5. The "remaining economic life of the goods" and "reasonably predictable" fair market

rent, fair market value, or cost of performing under the lease agreement must be

determined with reference to the facts and circumstances at the time the transaction is

entered.
N.D. Cent. Code § 4.1-04-04.1 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-04.1
4.1-04-04.1. Election of district representative - Council members
Status: in_force

4.1-04-04.1. Election of district representative - Council members

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

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

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

whose term is to expire.

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

registered mail, at least five days before the meeting.

3. The meeting must be held within the district.

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

serve as the council member from that district.

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

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

elected council member.
N.D. Cent. Code § 41-07-13 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-13
41-07-13. (7-207) Goods must be kept separate - Fungible goods
Status: in_force

41-07-13. (7-207) Goods must be kept separate - Fungible goods

1. Unless the warehouse receipt provides otherwise, a warehouse shall keep separate

the goods covered by each receipt so as to permit at all times identification and

delivery of those goods. However, different lots of fungible goods may be commingled.

2. If different lots of fungible goods are commingled, the goods are owned in common by

the persons entitled thereto and the warehouse is severally liable to each owner for

that owner's share. If, because of overissue, a mass of fungible goods is insufficient to

meet all the receipts the warehouse has issued against it, the persons entitled include

all holders to which overissued receipts have been duly negotiated.
N.D. Cent. Code § 4.1-23-04 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-04
4.1-23-04. Authority for plant quarantine
Status: in_force

4.1-23-04. Authority for plant quarantine

1. The commissioner is authorized to quarantine this state or any portion of the state if

the commissioner determines that quarantine is necessary to prevent or retard the

spread of a pest within or from this state, and to quarantine any other state or portion

of another state if the commissioner determines a pest exists in another state and a

quarantine is necessary to prevent or retard the spread of the pest into this state.

Before determining that a quarantine is necessary, the commissioner, after due notice

to interested parties, shall hold a public hearing under rules adopted by the

commissioner.

2. Any interested party may appear and be heard either in person or by attorney at the

public hearing, provided, the commissioner may impose a temporary quarantine for a

period not to exceed ninety days during which time a public hearing, as provided for in

this section, must be held if it appears the quarantine may require more than the

ninety-day period to prevent or retard the spread of the pest. The commissioner shall

give notice of the quarantine in those newspapers in the quarantined area selected by

the commissioner. The commissioner may limit the application of the quarantine to the

infested portion of the quarantined area and appropriate environs, to be known as the

regulated area, and, without further hearing, may extend the regulated area to include

additional portions of the quarantined area:

a. Upon publication of a notice in newspapers in the quarantined area selected by

the commissioner; or

b. By direct written notice to those concerned.

3. Following establishment of the quarantine, a person may not move any regulated

article described in the quarantine or move the pest against which the quarantine is

established, within, from, into, or through this state contrary to rules adopted by the

commissioner. Notice of the rules must be published in newspapers in the quarantined

area selected by the commissioner.

4. The rules may restrict the movement of the pest and any regulated articles from the

quarantined or regulated area in this state into or through other parts of this state or

other states and from the quarantined or regulated area in other states into or through

this state. The rules may impose inspections, disinfections, certifications, permits, and

other requirements as the commissioner deems necessary to effectuate the purposes

of this chapter.
N.D. Cent. Code § 41-08-17 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-17
41-08-17. (8-201) Issuer
Status: in_force

41-08-17. (8-201) Issuer

1. With respect to an obligation on or a defense to a security, an "issuer" includes a

person who:

a. Places or authorizes the placing of its name on a security certificate, other than

as authenticating trustee, registrar, transfer agent, or the like, to evidence a

share, participation, or other interest in its property or in an enterprise, or to

evidence its duty to perform an obligation represented by the certificate;

b. Creates a share, participation, or other interest in its property or in an enterprise,

or undertakes an obligation, that is an uncertificated security;

c. Directly or indirectly creates a fractional interest in its rights or property, if the

fractional interest is represented by a security certificate; or

d. Becomes responsible for, or in place of, another person described as an issuer in

this section.

2. With respect to an obligation on or defense to a security, a guarantor is an issuer to the

extent of its guaranty, whether or not its obligation is noted on a security certificate.

3. With respect to a registration of a transfer, issuer means a person on whose behalf

transfer books are maintained.
N.D. Cent. Code § 4.1-27-06 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-06
4.1-27-06. Expiration and renewal of license - Fee returned upon failure to issue or renew license
Status: in_force

4.1-27-06. Expiration and renewal of license - Fee returned upon failure to issue or

renew license.

Each license issued under this chapter expires on the thirty-first day of March following the

date of issuance. Each license must be renewed annually on or before March thirty-first. The fee

for a renewal license is the same as for an original license. If the commissioner does not issue a

requested original license or renewal license, the fee paid must be refunded to the applicant.
N.D. Cent. Code § 41-09-104 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-104
41-09-104. (9-607) Collection and enforcement by secured party
Status: in_force

41-09-104. (9-607) Collection and enforcement by secured party

1. If so agreed, and in any event after default, a secured party:

a. May notify an account debtor or other person obligated on collateral to make

payment or otherwise render performance to or for the benefit of the secured

party;

b. May take any proceeds to which the secured party is entitled under section

41-09-35;

c. May enforce the obligations of an account debtor or other person obligated on

collateral and exercise the rights of the debtor with respect to the obligation of the

account debtor or other person obligated on collateral to make payment or

otherwise render performance to the debtor, and with respect to any property that

secures the obligations of the account debtor or other person obligated on the

collateral;

d. If it holds a security interest in a deposit account or an uncertificated certificate of

deposit perfected by control under subdivision a of subsection 1 of section

41-09-04, or in a certificated certificate of deposit perfected by possession under

section 41-09-33, may apply the balance of the deposit account or certificate of

deposit to the obligation secured by the deposit account or certificate of deposit;

and

e. If it holds a security interest in a deposit account or an uncertificated certificate of

deposit perfected by control under subdivision b or c of subsection 1 of section

41-09-04, or in a certificated certificate of deposit perfected by possession under

section 41-09-33, may instruct the bank to pay the balance of the deposit account

or certificate of deposit to or for the benefit of the secured party.

2. If necessary to enable a secured party to exercise under subdivision c of subsection 1

the right of a debtor to enforce a mortgage nonjudicially, the secured party may record

in the office in which a record of the mortgage is recorded:

a. A copy of the security agreement that creates or provides for a security interest in

the obligation secured by the mortgage; and

b. The secured party's sworn affidavit in recordable form stating that:

(1) A default has occurred with respect to the obligation secured by the

mortgage; and

(2) The secured party is entitled to enforce the mortgage nonjudicially.

3. A secured party shall proceed in a commercially reasonable manner if the secured

party:

a. Undertakes to collect from or enforce an obligation of an account debtor or other

person obligated on collateral; and

b. Is entitled to charge back uncollected collateral or otherwise to full or limited

recourse against the debtor or a secondary obligor.

4. A secured party may deduct from the collections made pursuant to subsection 3

reasonable expenses of collection and enforcement, including reasonable attorney's

fees and legal expenses incurred by the secured party.

5. This section does not determine whether an account debtor, bank, or other person

obligated on collateral owes a duty to a secured party.
N.D. Cent. Code § 4.1-83-09 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-09
4.1-83-09. Release of records - Confidentiality
Status: in_force

4.1-83-09. Release of records - Confidentiality

1. As a condition of licensure, the applicant shall agree to provide to the agriculture

commissioner, upon request, any financial record that the commissioner deems

relevant for purposes related to:

a. The issuance of a livestock dealer's license; or

b. An investigation after issuance of a livestock dealer's license.

2. As a condition of licensure, the applicant shall file a records release with the

agriculture commissioner, authorizing the commissioner to obtain, from any source,

any financial record that the commissioner deems relevant for purposes related to:

a. The issuance of a livestock dealer's license; or

b. An investigation after issuance of a livestock dealer's license.

3. Any information gained by the agriculture commissioner under this section is

confidential and may be provided only:

a. To federal authorities in accordance with federal law;

b. To the attorney general, state agencies, and law enforcement agencies, for use in

the pursuit of official duties; and

c. As directed by an order of a court pursuant to a showing of good cause.
N.D. Cent. Code § 4.1-25-30 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-30
4.1-25-30. Standards for grade A milk and milk products - Adoption of rules
Status: in_force

4.1-25-30. Standards for grade A milk and milk products - Adoption of rules

Only grade A milk may be sold as a fluid beverage for human consumption. The minimum

standards for milk and milk products designated as grade A are the same as the minimum

requirements of the pasteurized milk ordinance. The commissioner may adopt rules imposing

other standards in the interest of public safety, wholesomeness of product, consumer interest,

sanitation, good supply, saleability, and promotion of grade A milk and milk products.
N.D. Cent. Code § 41-03-56 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-56
41-03-56. (3-419) Instruments signed for accommodation
Status: in_force

41-03-56. (3-419) Instruments signed for accommodation

1. If an instrument is issued for value given for the benefit of a party to the instrument

("accommodated party") and another party to the instrument ("accommodation party")

signs the instrument for the purpose of incurring liability on the instrument without

being a direct beneficiary of the value given for the instrument, the instrument is

signed by the accommodation party "for accommodation".

2. An accommodation party may sign the instrument as maker, drawer, acceptor, or

endorser and, subject to subsection 4, is obliged to pay the instrument in the capacity

in which the accommodation party signs. The obligation of an accommodation party

may be enforced notwithstanding any statute of frauds and regardless of whether the

accommodation party receives consideration for the accommodation.

3. A person signing an instrument is presumed to be an accommodation party and there

is notice that the instrument is signed for accommodation if the signature is an

anomalous endorsement or is accompanied by words indicating that the signer is

acting as surety or guarantor with respect to the obligation of another party to the

instrument. Except as provided in section 41-03-67, the obligation of an

accommodation party to pay the instrument is not affected by the fact that the person

enforcing the obligation had notice when the instrument was taken by that person that

the accommodation party signed the instrument for accommodation.

4. If the signature of a party to an instrument is accompanied by words indicating

unambiguously that the party is guaranteeing collection rather than payment of the

obligation of another party to the instrument, the signer is obliged to pay the amount

due on the instrument to a person entitled to enforce the instrument only if execution of

judgment against the other party has been returned unsatisfied, the other party is

insolvent or in an insolvency proceeding, the other party cannot be served with

process, or it is otherwise apparent that payment cannot be obtained from the party

whose obligation is guaranteed.

5. An accommodation party that pays the instrument is entitled to reimbursement from

the accommodated party and is entitled to enforce the instrument against the

accommodated party. An accommodated party that pays the instrument has no right of

recourse against, and is not entitled to contribution from, an accommodation party.
N.D. Cent. Code § 41-02-89 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-89
41-02-89. (2-710) Seller's incidental damages
Status: in_force

41-02-89. (2-710) Seller's incidental damages

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

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

of goods after the buyer's breach, in connection with return or resale of the goods, or otherwise

resulting from the breach.
N.D. Cent. Code § 4.1-23-06 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-06
4.1-23-06. Authority for inspections - Warrants
Status: in_force

4.1-23-06. Authority for inspections - Warrants

1. The commissioner, with a warrant or the consent of the owner, may make reasonable

inspection of any premises in this state and any property in or on the premises. The

commissioner, without a warrant with the assistance of any law enforcement agency

may stop and inspect, in a reasonable manner, any means of transportation moving in

this state upon probable cause to believe it contains or carries any pest, host, or other

article subject to this chapter. The commissioner may make any other reasonable

inspection of any premises or means of transportation for which no warrant is required

under the Constitution of the United States and the Constitution of North Dakota.

2. District courts in this state may issue warrants for inspections of property or

transportation upon a showing by the commissioner of probable cause to believe there

exists in or on the property or transportation to be inspected a pest, host, or other

article subject to this chapter.
N.D. Cent. Code § 4.1-52-04 — ND Code / Title 4.1 / Chapter 4.1-52 / Section 4.1-52-04
4.1-52-04. Seed commission - Chairman - Meetings
Status: in_force

4.1-52-04. Seed commission - Chairman - Meetings

1. The agriculture commissioner shall serve as the chairman of the seed commission.

2. The chairman shall call all regular meetings of the seed commission and shall call a

special meeting within seven days if petitioned to do so by two members of the seed

commission.

3. The seed commission shall hold at least two regular meetings each year.
N.D. Cent. Code § 41-03-41 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-41
41-03-41. (3-404) Impostors - Fictitious payees
Status: in_force

41-03-41. (3-404) Impostors - Fictitious payees

1. If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to

issue the instrument to the impostor or to a person acting in concert with the impostor,

by impersonating the payee of the instrument or a person authorized to act for the

payee, an endorsement of the instrument by any person in the name of the payee is

effective as the endorsement of the payee in favor or any person that in good faith

pays the instrument or takes it for value or for collection.

2. If a person whose intent determines to whom an instrument is payable under

subsection 1 or 2 of section 41-03-10 does not intend the person identified as payee to

have any interest in the instrument or if the person identified as payee of an instrument

is a fictitious person, the following rules apply until the instrument is negotiated by

special endorsement:

a. Any person in possession of the instrument is its holder.

b. An endorsement by any person in the name of the payee stated in the instrument

is effective as the endorsement of the payee in favor of any person that in good

faith pays the instrument or takes it for value or for collection.

3. Under subsection 1 or 2, an endorsement is made in the name of a payee if it is made

in a name substantially similar to that of the payee or if the instrument, whether or not

endorsed, or deposited in a depositary bank to an account in a name substantially

similar to that of the payee.

4. With respect to an instrument to which subsection 1 or 2 applies, if a person paying

the instrument or taking it for value or for collection fails to exercise ordinary care in

paying or taking the instrument and that failure substantially contributes to loss

resulting from payment of the instrument, the person bearing the loss may recover

from the person failing to exercise ordinary care to the extent the failure to exercise

ordinary care contributed to the loss.
N.D. Cent. Code § 4.1-20-19 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-19
4.1-20-19. Soil conservation district supervisors - Training
Status: in_force

4.1-20-19. Soil conservation district supervisors - Training

As soon as practicable after an individual is elected or appointed to the position of a soil

conservation district supervisor, the individual shall attend a training session delivered by the

state soil conservation committee, and the individual shall attend or participate in annual training

as determined by the state soil conservation committee.
N.D. Cent. Code § 41-08-47 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-47
41-08-47. (8-507) Duty of securities intermediary to comply with entitlement order
Status: in_force

41-08-47. (8-507) Duty of securities intermediary to comply with entitlement order

1. A securities intermediary shall comply with an entitlement order if the entitlement order

is originated by the appropriate person, the securities intermediary has had reasonable

opportunity to assure itself that the entitlement order is genuine and authorized, and

the securities intermediary has had reasonable opportunity to comply with the

entitlement order. A securities intermediary satisfies the duty if:

a. The securities intermediary acts with respect to the duty as agreed upon by the

entitlement holder and the securities intermediary; or

b. In the absence of agreement, the securities intermediary exercises due care in

accordance with reasonable commercial standards to comply with the entitlement

order.

2. If a securities intermediary transfers a financial asset pursuant to an ineffective

entitlement order, the securities intermediary shall re-establish a security entitlement in

favor of the person entitled to it, and pay or credit any payments or distributions that

the person did not receive as a result of the wrongful transfer. If the securities

intermediary does not re-establish a security entitlement, the securities intermediary is

liable to the entitlement holder for damages.
N.D. Cent. Code § 4.1-41-14.1 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-14.1
4.1-41-14.1. Prohibited acts
Status: in_force

4.1-41-14.1. Prohibited acts

Committing the following acts and causing the following acts are prohibited:

1. The manufacture or distribution of commercial feed that is adulterated or misbranded;

2. The adulteration or misbranding of commercial feed;

3. The distribution of agricultural commodities such as whole seed, hay, straw, stover,

silage, cobs, husks, and hulls, which are adulterated within the meaning of section

4.1-41-11;

4. The removal or disposal of commercial feed in violation of an order under section

4.1-41-14;

5. The failure or refusal to register in accordance with section 4.1-41-03 or section

4.1-41-05;

6. The failure or refusal to register in accordance with section 4.1-41-02; and

7. The failure to pay inspection fees or file reports as required by section 4.1-41.
N.D. Cent. Code § 41-02-84 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-84
41-02-84. (2-705) Seller's stoppage of delivery in transit or otherwise
Status: in_force

41-02-84. (2-705) Seller's stoppage of delivery in transit or otherwise

1. The seller may stop delivery of goods in the possession of a carrier or other bailee

when the seller discovers the buyer to be insolvent (section 41-02-81) and may stop

delivery of carload, truckload, planeload, or larger shipments of express or freight

when the buyer repudiates or fails to make a payment due before delivery or if for any

other reason the seller has a right to withhold or reclaim the goods.

2. As against such buyer, the seller may stop delivery until:

a. Receipt of the goods by the buyer;

b. Acknowledgment to the buyer by any bailee of the goods except a carrier that the

bailee holds the goods for the buyer;

c. Such acknowledgment to the buyer by a carrier by reshipment or as a

warehouse; or

d. Negotiation to the buyer of any negotiable document of title covering the goods.

3. a. To stop delivery, the seller must so notify as to enable the bailee by reasonable

diligence to prevent delivery of the goods.

b. After such notification the bailee must hold and deliver the goods according to the

directions of the seller but the seller is liable to the bailee for any ensuing charges

or damages.

c. If a negotiable document of title has been issued for goods, the bailee is not

obliged to obey a notification to stop until surrender of possession or control of

the document.

d. A carrier who has issued a non-negotiable bill of lading is not obliged to obey a

notification to stop received from a person other than the consignor.
N.D. Cent. Code § 41-07-26 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-26
41-07-26. (7-401) Irregularities in issue of receipt or bill or conduct of issuer
Status: in_force

41-07-26. (7-401) Irregularities in issue of receipt or bill or conduct of issuer

The obligations imposed by this chapter on an issuer apply to a document of title even if:

1. The document does not comply with the requirements of this chapter or of any other

statute, rule, or regulation regarding its issuance, form, or content;

2. The issuer violated laws regulating the conduct of its business;

3. The goods covered by the document were owned by the bailee when the document

was issued; or

4. The person issuing the document is not a warehouse but the document purports to be

a warehouse receipt.
N.D. Cent. Code § 4.1-57-15 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-15
4.1-57-15. Expenses of seed commissioner - Deduction from trust fund
Status: in_force

4.1-57-15. Expenses of seed commissioner - Deduction from trust fund

Any expenses incurred by the seed commissioner in carrying out the duties set forth in

sections 4.1-57-13 and 4.1-57-14 may be deducted from the trust fund.
N.D. Cent. Code § 41-02.1-02 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-02
41-02.1-02. (2A-102) Scope
Status: in_force

41-02.1-02. (2A-102) Scope

1. This chapter applies to any transaction, regardless of form, that creates a lease and, in

the case of a hybrid lease, it applies to the extent provided in subsection 2.

2. In a hybrid lease:

a. If the lease-of-goods aspects do not predominate:

(1) Only the provisions of this chapter which relate primarily to the lease-of-

goods aspects of the transaction apply, and the provisions that relate

primarily to the transaction as a whole do not apply;

(2) Section 41-02.1-18 applies if the lease is a finance lease; and

(3) Section 41-02.1-48 applies to the promises of the lessee in a finance lease

to the extent the promises are consideration for the right to possession and

use of the leased goods; and

b. If the lease-of-goods aspects predominate, this chapter applies to the transaction,

but does not preclude application in appropriate circumstances of other law to

aspects of the lease which do not relate to the lease of goods.
N.D. Cent. Code § 4.1-45-11 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-11
4.1-45-11. Director's liability limited
Status: in_force

4.1-45-11. Director's liability limited

The individual members of the board of directors of the state fair association are not liable

for the negligence of any person, firm, corporation, or limited liability company staging any show,

race, or other amusement at the state fair, nor for the negligence of any person employed by

them.
N.D. Cent. Code § 4.1-45-16 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-16
4.1-45-16. Name in which business conducted and titles taken - Execution of written instruments
Status: in_force

4.1-45-16. Name in which business conducted and titles taken - Execution of written

instruments.

All business of the association must be conducted under the name of "North Dakota state

fair association". Title to property obtained in regard to the operation of the association must be

obtained and conveyed in the name of the state of North Dakota, doing business as the North

Dakota state fair association. Written instruments must be executed in the name of the state of

North Dakota.
N.D. Cent. Code § 4.1-55-16 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-16
4.1-55-16. Enforcement - Hearing
Status: in_force

4.1-55-16. Enforcement - Hearing

1. If the seed commissioner believes that a violation of this chapter or the rules

implementing this chapter may have occurred, the seed commissioner may hold a

hearing.

2. If based on the testimony and evidence presented at the hearing the seed

commissioner determines that a violation has occurred or if the person involved fails to

appear, the seed commissioner may impose the civil penalty provided for in this

chapter or consult with the attorney general regarding the institution of further legal

proceedings.
N.D. Cent. Code § 41-02-63 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-63
41-02-63. (2-515) Preserving evidence of goods in dispute
Status: in_force

41-02-63. (2-515) Preserving evidence of goods in dispute

In furtherance of the adjustment of any claim or dispute:

1. Either party on reasonable notification to the other and for the purpose of ascertaining

the facts and preserving evidence has the right to inspect, test, and sample the goods,

including such of them as may be in the possession or control of the other; and

2. The parties may agree to a third-party inspection or survey to determine the conformity

or condition of the goods and may agree that the findings shall be binding upon them

in any subsequent litigation or adjustment.
N.D. Cent. Code § 41-07-33 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-33
41-07-33. (7-504) Rights acquired in absence of due negotiation - Effect of diversion - Stoppage of delivery
Status: in_force

41-07-33. (7-504) Rights acquired in absence of due negotiation - Effect of diversion -

Stoppage of delivery.

1. A transferee of a document of title, whether negotiable or non-negotiable, to which the

document has been delivered but not duly negotiated, acquires the title and rights that

its transferor had or had actual authority to convey.

2. In the case of a transfer of a non-negotiable document of title, until but not after the

bailee receives notice of the transfer, the rights of the transferee may be defeated:

a. By those creditors of the transferor which could treat the transfer as void under

section 41-02-47 or 41-02.1-38;

b. By a buyer from the transferor in ordinary course of business if the bailee has

delivered the goods to the buyer or received notification of the buyer's rights;

c. By a lessee from the transferor in ordinary course of business if the bailee has

delivered the goods to the lessee or received notification of the lessee's rights; or

d. As against the bailee, by good-faith dealings of the bailee with the transferor.

3. A diversion or other change of shipping instructions by the consignor in a

non-negotiable bill of lading which causes the bailee not to deliver the goods to the

consignee defeats the consignee's title to the goods if the goods have been delivered

to a buyer in ordinary course of business or a lessee in ordinary course of business

and, in any event, defeats the consignee's rights against the bailee.

4. Delivery of the goods pursuant to a non-negotiable document of title may be stopped

by a seller under section 41-02-84 or a lessor under section 41-02.1-74, subject to the

requirements of due notification in those sections. A bailee that honors the seller's or

lessor's instructions is entitled to be indemnified by the seller or lessor against any

resulting loss or expense.
N.D. Cent. Code § 4.1-57-08 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-08
4.1-57-08. License - Refusal - Suspension - Cancellation - Grounds
Status: in_force

4.1-57-08. License - Refusal - Suspension - Cancellation - Grounds

1. The seed commissioner may refuse to issue a license to operate as a wholesale

potato dealer if:

a. The applicant was refused a wholesale potato dealer's license by another state;

b. The applicant had a wholesale potato dealer's license suspended or revoked by

another state; or

c. The applicant employs in a position of responsibility an individual who had a

wholesale potato dealer's license suspended or revoked by another state.

2. The seed commissioner may suspend or revoke a license to operate as a wholesale

potato dealer if:

a. The dealer had a wholesale potato dealer's license suspended or revoked by

another state;

b. The dealer employs in a position of responsibility an individual who had a

wholesale potato dealer's license suspended or revoked by another state; or

c. The dealer has been convicted of:

(1) An offense under section 4.1-57-22;

(2) An offense involving fraudulent use of the mails; or

(3) Any other offense pertaining to the conduct of the person as a wholesale

potato dealer.
N.D. Cent. Code § 41-01-16 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-16
41-01-16. (1-302) Variation by agreement
Status: in_force

41-01-16. (1-302) Variation by agreement

1. Except as otherwise provided in subsection 2 or elsewhere under this title, the effect of

provisions of this title may be varied by agreement.

2. The obligations of good faith, diligence, reasonableness, and care prescribed under

this title may not be disclaimed by agreement. The parties, by agreement, may

determine the standards by which the performance of those obligations is to be

measured if those standards are not manifestly unreasonable. If this title requires an

action to be taken within a reasonable time, a time that is not manifestly unreasonable

may be fixed by agreement.

3. The presence in certain provisions of this title of the phrase "unless otherwise agreed",

or words of similar import, does not imply that the effect of other provisions may not be

varied by agreement under this section.
N.D. Cent. Code § 4.1-58-34 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-34
4.1-58-34. Delivery of grain - Demand terminates storage charge
Status: in_force

4.1-58-34. Delivery of grain - Demand terminates storage charge

On the return and surrender of any receipt and the payment of all lawful charges, the grain

represented on the receipt must be deliverable to the owner and is not subject to any further

charge for storage after demand for delivery is made and proper facilities for receiving or

shipping the grain have been provided. The owner of the receipt shall order the receptacle in

which the grain covered by the owner's receipt is to be transported, and the grain must be

delivered when the ordered receptacle is in proper condition for loading and is placed at the

warehouse. The licensee may not assess receiving or redelivery fees on the grain redelivered

during a suspension, following a revocation, or when the owner of the grain is taking redelivery

because the licensee is unable to pay for the grain.
N.D. Cent. Code § 4.1-31-04 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-04
4.1-31-04. Marks and labels
Status: in_force

4.1-31-04. Marks and labels

1. If a meat food product that is inspected and marked "North Dakota inspected and

passed" is being placed or packed in a container, the person preparing the product

shall attach to the container, under supervision of an inspector, a label indicating that

the product has been "North Dakota inspected and passed". An inspection under this

chapter is not complete until the product has been sealed or enclosed in the container,

under the supervision of an inspector.

2. A meat food product inspected under this chapter and found not to be adulterated

must bear, directly or on its container, a legible label or official mark as required by the

commissioner.

3. The commissioner shall prescribe by rule the style and size of type to be used in

labeling meat under this chapter and standards of identity, composition, and fill of

container for meat food products inspected under this chapter, but the standards must

be consistent with those established under federal law.
N.D. Cent. Code § 4.1-19-02 — ND Code / Title 4.1 / Chapter 4.1-19 / Section 4.1-19-02
4.1-19-02. Administration - Enforcement
Status: in_force

4.1-19-02. Administration - Enforcement

The agriculture commissioner shall administer and enforce this chapter.
N.D. Cent. Code § 4.1-40-03 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-03
4.1-40-03. Distributor's license - Fees
Status: in_force

4.1-40-03. Distributor's license - Fees

1. A person may not distribute any fertilizer, fertilizer material, micronutrient, specialty

fertilizer, soil amendment, or plant amendment in this state without first obtaining a

distributor's license from the commissioner.

2. A license is required for each location or mobile mechanical unit used by a distributor

in the state.

3. The application for a license must be submitted on a form furnished by the

commissioner and must be accompanied by a fee of one hundred dollars.

4. A license is effective for a two-year period beginning July first and ending June thirtieth

of each even-numbered year.

5. Any license renewal application received after July thirty-first must be assessed a

penalty of one hundred dollars per location.

6. Any license issued under this section:

a. Is not transferable;

b. Must be conspicuously posted at each location used by the distributor; and

c. Must be carried in each mobile mechanical unit operated by the distributor in the

state.

7. The requirements of this section do not apply to persons that distribute only:

a. Specialty fertilizers to end users; or

b. Seed inoculants.

8. 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 § 41-09-93 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-93
41-09-93. (9-522) Maintenance and destruction of records
Status: in_force

41-09-93. (9-522) Maintenance and destruction of records

1. The filing office shall maintain a record of the information provided in a filed financing

statement for at least one year after the effectiveness of the financing statement has

lapsed under section 41-09-86 with respect to all secured parties of record. The record

must be retrievable by using the name of the debtor and by using the file number

assigned to the initial financing statement to which the record relates.

2. Except to the extent that a statute governing disposition of public records provides

otherwise, the filing office immediately may destroy any written record evidencing a

financing statement. However, if the filing office destroys a written record, it shall

maintain another record of the financing statement which complies with subsection 1.
N.D. Cent. Code § 4.1-20-28 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-28
4.1-20-28. What may be contained in land use regulations
Status: in_force

4.1-20-28. What may be contained in land use regulations

The land use regulations that may be adopted by the supervisors under this chapter may

include:

1. Provisions requiring the carrying out of necessary engineering operations, including

the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and

other necessary structures.

2. Provisions requiring observance of particular methods of cultivation, including contour

cultivating, contour furrowing, lister furrowing, sowing, planting, stripcropping, and

seeding and planting of lands to water conserving and erosion-preventing plants,

trees, and grasses, forestation, and reforestation.

3. Specifications of cropping programs and tillage practices to be observed.

4. Provisions requiring the retirement from cultivation of highly erosive areas or of areas

on which erosion may not be controlled adequately if cultivation is carried on.

5. Provisions for any other means, measures, operations, and programs as may assist

conservation of soil and water resources and prevent or control soil erosion in the

district, having due regard to the declaration of policy set forth in this chapter.
N.D. Cent. Code § 4.1-07-04 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-04
4.1-07-04. Election of county representative
Status: in_force

4.1-07-04. 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 dry pea and lentil producers for the purpose of electing a county

representative.

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

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

than five nor more than ten days before the meeting.

c. The meeting must be held within the county.

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

e. Any producer who resides in the county may vote in the election.

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

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

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

address of the newly elected county representative.

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

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

council that no dry pea and lentil producers willing to serve as county representatives

reside within the county.
N.D. Cent. Code § 41-03-66 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-66
41-03-66. (3-604) Discharge by cancellation or renunciation
Status: in_force

41-03-66. (3-604) Discharge by cancellation or renunciation

1. A person entitled to enforce an instrument may, with or without consideration,

discharge the obligation of a party to pay the instrument by an intentional voluntary act

such as surrender of the instrument to the party, destruction, mutilation, or cancellation

of the instrument, cancellation or striking out of the party's signature, or the addition of

words to the instrument indicating discharge or by agreeing not to sue or otherwise

renouncing rights against the party by a signed record. The obligation of a party to pay

a check is not discharged solely by destruction of the check in connection with a

process in which information is extracted from the check and an image of the check is

made and, subsequently, the information and image are transmitted for payment.

2. Cancellation or striking out of an endorsement under subsection 1 does not affect the

status and rights of a party derived from the endorsement.
N.D. Cent. Code § 41-10-05 — ND Code / Title 41 / Chapter 41-10 / Section 41-10-05
41-10-05. Venue
Status: in_force

41-10-05. Venue

An action under this chapter may be brought in any district court in a county where any of

the persons who may bring an action under this chapter reside.
N.D. Cent. Code § 41-08-42 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-42
41-08-42. (8-502) Assertion of adverse claim against entitlement holder
Status: in_force

41-08-42. (8-502) Assertion of adverse claim against entitlement holder

An action based on an adverse claim to a financial asset, whether framed in conversion,

replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person

who acquires a security entitlement under section 41-08-41 for value and without notice of the

adverse claim.
N.D. Cent. Code § 4.1-09-10 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-10
4.1-09-10. Quorum
Status: in_force

4.1-09-10. Quorum

A majority of the council's voting members constitutes a quorum for the transaction of

business.
N.D. Cent. Code § 4.1-22-07 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-07
4.1-22-07. Labeling and standards for nursery stock
Status: in_force

4.1-22-07. Labeling and standards for nursery stock

A person may not sell or offer for sale any nursery stock not labeled in accordance with the

international code of nomenclature for cultivated plants with the complete correct botanical or

approved recognized common name. All nonhardy trees and shrubs, as determined by the

commissioner, must be labeled "nonhardy in North Dakota". All nursery stock offered for sale or

distribution must be in a viable condition and must be stored and displayed under conditions

that will maintain its viability. Materials used to coat the aerial parts of the plant which change

the appearance of the plant surface to prevent adequate inspection are prohibited.
N.D. Cent. Code § 41-05-09 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-09
41-05-09. (5-109) Fraud - Forgery
Status: in_force

41-05-09. (5-109) Fraud - Forgery

1. If a presentation is made that appears on its face strictly to comply with the terms and

conditions of the letter of credit, but a required document is forged or materially

fraudulent, or honor of the presentation would facilitate a material fraud by the

beneficiary on the issuer or applicant:

a. The issuer shall honor the presentation, if honor is demanded by:

(1) A nominated person who has given value in good faith and without notice of

forgery or material fraud;

(2) A confirmer who has honored its confirmation in good faith;

(3) A holder in due course of a draft drawn under the letter of credit which was

taken after acceptance by the issuer or nominated person; or

(4) An assignee of the issuer's or nominated person's deferred obligation that

was taken for value and without notice of forgery or material fraud after the

obligation was incurred by the issuer or nominated person; and

b. The issuer, acting in good faith, may honor or dishonor the presentation in any

other case.

2. If an applicant claims that a required document is forged or materially fraudulent or

that honor of the presentation would facilitate a material fraud by the beneficiary on the

issuer or applicant, a court of competent jurisdiction, temporarily or permanently, may

enjoin the issuer from honoring a presentation or may grant similar relief against the

issuer or other persons only if the court finds that:

a. The relief is not prohibited under the law applicable to an accepted draft or

deferred obligation incurred by the issuer;

b. A beneficiary, issuer, or nominated person who may be adversely affected is

adequately protected against loss that it may suffer because the relief is granted;

c. All of the conditions to entitle a person to the relief under the law of this state

have been met; and

d. On the basis of the information submitted to the court, the applicant is more likely

than not to succeed under its claim of forgery or material fraud and the person

demanding honor does not qualify for protection under subdivision a of

subsection 1.
N.D. Cent. Code § 4.1-20-37 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-37
4.1-20-37. Aggrieved petitioner and supervisors may appeal to district court from order of board - Procedure
Status: in_force

4.1-20-37. Aggrieved petitioner and supervisors may appeal to district court from

order of board - Procedure.

Any petitioner or the supervisors of any district may appeal an order of a board of

adjustment to the district court as provided in section 28-34-01.
N.D. Cent. Code § 4.1-37-06 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-06
4.1-37-06. Transfer hose requirements
Status: in_force

4.1-37-06. Transfer hose requirements

1. Any transfer hose utilized at an anhydrous ammonia storage facility:

a. Which is a liquid transfer hose and is not drained of liquid upon completion of

transfer operations must be equipped with an approved shutoff valve at the

discharge end.

b. Must have a hydrostatic relief valve or equivalent must be installed in each

section of hose or pipe in which liquid ammonia can be isolated between shutoff

valves to relieve the pressure that could develop from the trapped liquid. If an

equivalent pressure relief device is used, the maximum accumulated pressure

possible within the system may not exceed the limits of the system. A hydrostatic

relief valve must be installed between each pair of valves in which liquid is

trapped. The start-to-discharge pressure setting of the relief valve must not be

less than three hundred fifty pounds per square inch [2413.18 kilopascals] gauge

nor more than four hundred pounds per square inch [2757.92 kilopascals] gauge.

c. Must have etched, cast, or impressed on the outer coating all of the following:

(1) The words "ANHYDROUS AMMONIA".

(2) The maximum working pressure of the transfer hose.

(3) The name of the manufacturer of the hose.

(4) The date of manufacture or the expiration date of the hose.

d. Which is cut, scraped, cracked, or weathered so that the inner white cord is

visible must be replaced. A transfer hose with an expiration date printed on the

hose must be replaced prior to that date. Transfer hoses without an expiration

date must be replaced as follows:

(1) Rayon hoses must be replaced within two years of the date of manufacture.

(2) Nylon hoses must be replaced within four years of the date of manufacture.

(3) Steel-reinforced hoses must be replaced within six years of the date of

manufacture.

2. Notwithstanding the replacement dates determined under subdivision d of

subsection 1 for transfer hoses with or without an expiration date, an additional year

must be allowed for replacement of transfer hoses in order to take into account delays

in the original installation of transfer hoses.
N.D. Cent. Code § 4.1-34-02 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-02
4.1-34-02. Prohibited acts
Status: in_force

4.1-34-02. Prohibited acts

1. A person may not distribute, sell, or offer for sale within this state or deliver for

transportation or transport in intrastate commerce or between points within this state

through any point outside this state any of the following:

a. Any pesticide that has not been registered under section 4.1-34-03, or any

pesticide if any of the claims made for it or any of the directions for its use differ in

substance from the representations made in connection with its registration, or if

the composition of a pesticide differs from its composition as represented in

connection with its registration. The commissioner may allow a change in the

labeling or formula of a pesticide to be made within a registration period without

requiring reregistration of the product.

b. Any pesticide unless the pesticide is in:

(1) The registrant's or the manufacturer's unbroken immediate container; or

(2) A container repackaged by a facility or person with a United States

environmental protection agency issued establishment number, and there is

affixed to such container, and to any outside container or wrapper of the

retail package, a correct copy of the required labeling information from the

immediate container or there is in the outside container or wrapper an

opening through which the required labeling information on the immediate

container can be clearly read.

c. The pesticide commonly known as standard lead arsenate, basic lead arsenate,

calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium

fluoride, sodium fluosilicate, and barium fluosilicate unless the pesticide has been

distinctly colored or discolored as provided by rules issued in accordance with

this chapter, or any other white powder pesticide that the commissioner, after

investigation of and after public hearing on the necessity for the action for the

protection of the public health and the feasibility of the coloration or discoloration,

by rule, requires to be distinctly colored or discolored; unless it has been so

colored or discolored. The commissioner may exempt any pesticide to the extent

it is intended for a particular use or uses from the coloring or discoloring required

or authorized by this section if the commissioner determines the coloring or

discoloring for the use is not necessary for the protection of the public health.

d. Any pesticide that is adulterated or misbranded, or any device that is misbranded.

2. A person may not detach, alter, deface, or destroy, in whole or in part, any label or

labeling provided for in this chapter or rules adopted under this chapter, or to add any

substance to, or take any substance from, a pesticide in a manner that may defeat the

purpose of this chapter.

3. A person may not use for the person's own advantage or reveal other than in response

to a proper subpoena, except to a physician or other qualified person for use in the

preparation of an antidote, any information relative to the formula of any product

acquired by authority of this chapter.
N.D. Cent. Code § 41-01-07 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-07
41-01-07. (1-107) Section captions
Status: in_force

41-01-07. (1-107) Section captions

Section captions are part of this title.
N.D. Cent. Code § 4.1-27-20 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-20
4.1-27-20. Review by the court
Status: in_force

4.1-27-20. Review by the court

The action of the commissioner in denying an application for a license or in revoking or

suspending a license may be appealed to the district court of Burleigh County by the procedure

applicable to appeals taken in the manner provided in chapter 28-32, except the commissioner's

order revoking or suspending the license may be stayed by the court appealed to upon filing

with the clerk of the court a bond approved by and in the amount set by the judge of the district

court for the faithful observance of the laws of the state relative to the operation of the business

licensed during the pendency of the appeal.
N.D. Cent. Code § 4.1-12-01 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-01
4.1-12-01. Definitions
Status: in_force

4.1-12-01. Definitions

1. "Commissioner" means the agriculture commissioner.

2. "Processor" means any person that purchases more than one thousand turkeys each

year for slaughter.

3. "Producer" means any person that does business within this state and raises turkeys

for slaughter each year.
N.D. Cent. Code § 41-04-21 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-21
41-04-21. (4-209) Encoding and retention warranties
Status: in_force

41-04-21. (4-209) Encoding and retention warranties

1. A person that encodes information on or with respect to an item after issue warrants to

any subsequent collecting bank and to the payor bank or other payor that the

information is correctly encoded. If the customer of a depositary bank encodes, that

bank also makes the warranty.

2. A person that undertakes to retain an item under an electronic presentment agreement

warrants to any subsequent collecting bank and to the payor bank or other payor that

retention and presentment of the item comply with the agreement. If a customer of a

depositary bank undertakes to retain an item, that bank also makes this warranty.

3. A person to whom warranties are made under this section and who took the item in

good faith may recover from the warrantor as damages for breach of warranty an

amount equal to the loss suffered as a result of the breach, plus expenses and loss of

interest incurred as a result of the breach.
N.D. Cent. Code § 4.1-33-14 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-14
4.1-33-14. Records - Retention - Submission to commissioner
Status: in_force

4.1-33-14. Records - Retention - Submission to commissioner

The board shall require pesticide dealers, commercial applicators, and public applicators to

maintain records of sales and purchases of restricted use and special exemption pesticides.

The board shall require commercial applicators and public applicators to maintain records of all

applications of pesticides. The board may require restricted use pesticide application records of

private applicators. The records must be kept for a period of three years from the date of the

application, sale, or purchase of the pesticide. Upon request, all or any requested part of these

records must be submitted to the commissioner.
N.D. Cent. Code § 41-04-24 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-24
41-04-24. (4-212) Presentment by notice of item not payable by, through, or at bank - Liability of drawer or endorser
Status: in_force

41-04-24. (4-212) Presentment by notice of item not payable by, through, or at bank -

Liability of drawer or endorser.

1. Unless otherwise instructed, a collecting bank may present an item not payable by,

through, or at a bank by sending to the party to accept or pay a written notice that the

bank holds the item for acceptance or payment. The notice must be sent in time to be

received on or before the day when presentment is due and the bank must meet any

requirement of the party to accept or pay under section 41-03-58 by the close of the

bank's next banking day after it knows of the requirement.

2. If presentment is made by notice and neither payment, acceptance, nor request for

compliance with a requirement under section 41-03-58 is received by the close of

business on the day after maturity or in the case of demand items by the close of

business on the third banking day after notice was sent, the presenting bank may treat

the item as dishonored and charge any drawer or endorser by sending it notice of the

facts.
N.D. Cent. Code § 4.1-58-02 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-02
4.1-58-02. Duties of the commissioner
Status: in_force

4.1-58-02. Duties of the commissioner

The commissioner shall:

1. Exercise general supervision of the public warehouses of this state, including the

handling, weighing, and storing of grain, and the management of public warehouses.

2. Investigate all complaints of fraud and injustice, unfair practices, and unfair

discrimination.

3. Examine and inspect, during ordinary business hours, any licensed warehouse,

including all books, documents, and records.

4. Require the filing of reports pertaining to the operation of the warehouse.

5. Make all proper rules for carrying out and enforcing any law in this state regarding

public warehouses.
N.D. Cent. Code § 4.1-16-10 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-10
4.1-16-10. Unidentified apiary - Notice - Seizure
Status: in_force

4.1-16-10. Unidentified apiary - Notice - Seizure

1. If the agriculture commissioner determines that an apiary is not identified, as required

by section 4.1-16-09, and if after making a reasonable effort the commissioner fails to

identify the beekeeper responsible for the apiary, the commissioner shall publish in the

official newspaper of the county in which the apiary is located, a notice indicating that

at a time certain, all of the colonies, the hives, including their content, and all

beekeeping equipment present at the apiary, will be seized and sold at auction or

destroyed, unless the beekeeper or other responsible person appears to claim the

property and pay for any costs incurred by the commissioner under this section.

2. A seizure under this section may not occur until at least the sixth day after the date of

the published notice.
N.D. Cent. Code § 4.1-01-22 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-22
4.1-01-22. Agriculture in the classroom program
Status: in_force

4.1-01-22. Agriculture in the classroom program

1. The agriculture commissioner shall administer an agriculture in the classroom program

with the advice of the agriculture in the classroom council.

2. The agriculture in the classroom council consists of seven individuals. The agriculture

commissioner shall appoint six council members. The seventh council member is the

superintendent of public instruction or the superintendent's designee. Annually, the

council shall elect one of its members to serve as the chairman.

3. At the call of the chairman, the council shall meet at least twice each year, to confer

with and advise the agriculture commissioner regarding issues related to the

agriculture in the classroom program.

4. The agriculture commissioner may award grants and contract with any person for the

provision of an agriculture in the classroom program, the development of agricultural

curriculum activities applicable to students from kindergarten through grade twelve,

and the training of teachers in agricultural curriculum activities.

5. The agriculture commissioner may:

a. Consult and work with the superintendent of public instruction, the department of

career and technical education, the United States department of agriculture, and

any other public or nonpublic entities to provide and promote an agriculture in the

classroom program;

b. Prepare instructional, informational, and reference publications on the North

Dakota agricultural economy and rural lifestyles;

c. Provide training programs for public school teachers in agricultural curriculum

activities;

d. Encourage research on and identification of new instructional, informational, and

reference publications relating to this state's agricultural economy and rural

lifestyles; and

e. Monitor the quality and condition of the agriculture in the classroom program.

6. The agriculture commissioner may accept and expend gifts, grants, and donations in

support of the agriculture in the classroom program. If any gifts, grants, or donations

are designated for a specific purpose, the commissioner shall honor the purpose

provided the purpose is consistent with this chapter.

7. Members of the agriculture in the classroom council may not receive any

compensation for their services on the council, but are entitled to be reimbursed for

their expenses incurred in performing their duties in the amounts provided by law for

state employees.
N.D. Cent. Code § 41-09-119 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-119
41-09-119. (9-624) Waiver
Status: in_force

41-09-119. (9-624) Waiver

1. A debtor or secondary obligor may waive the right to notification of disposition of

collateral under section 41-09-108 only by an agreement to that effect entered into and

signed after default.

2. A debtor or secondary obligor may waive the right to redeem collateral under section

41-09-118 only by an agreement to that effect entered into and signed after default.
N.D. Cent. Code § 41-02-40 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-40
41-02-40. (2-323) Form of bill of lading required in overseas shipment - Overseas
Status: in_force

41-02-40. (2-323) Form of bill of lading required in overseas shipment - Overseas

1. If the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or

F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading

stating that the goods have been loaded on board or, in the case of a term C.I.F. or

C. & F., received for shipment.

2. If in a case within subsection 1 a tangible bill of lading has been issued in a set of

parts, unless otherwise agreed if the documents are not to be sent from abroad the

buyer may demand tender of the full set; otherwise only one part of the bill of lading

need be tendered. Even if the agreement expressly requires a full set:

a. Due tender of a single part is acceptable within the provisions of this chapter on

cure of improper delivery (subsection 1 of section 41-02-56); and

b. Even though the full set is demanded, if the documents are sent from abroad the

person tendering an incomplete set may nevertheless require payment upon

furnishing an indemnity which the buyer in good faith deems adequate.

3. A shipment by water or by air or a contract contemplating such shipment is "overseas"

insofar as by usage of trade or agreement it is subject to the commercial, financing, or

shipping practices characteristic of international deep water commerce.
N.D. Cent. Code § 41-02-34 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-34
41-02-34. (2-317) Cumulation and conflict of warranties express or implied
Status: in_force

41-02-34. (2-317) Cumulation and conflict of warranties express or implied

Warranties whether express or implied shall be construed as consistent with each other as

cumulative, but if such construction is unreasonable, the intention of the parties shall determine

which warranty is dominant. In ascertaining that intention, the following rules apply:

1. Exact or technical specifications displace an inconsistent sample or model or general

language of description.

2. A sample from an existing bulk displaces inconsistent general language of description.

3. Express warranties displace inconsistent implied warranties other than an implied

warranty of fitness for a particular purpose.
N.D. Cent. Code § 4.1-23-07 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-07
4.1-23-07. Cooperation
Status: in_force

4.1-23-07. Cooperation

1. The commissioner is authorized to cooperate with any agency of the federal

government in operations and measures the commissioner deems necessary to

suppress, control, eradicate, prevent, or retard the spread of any plant pest including

the right to expend state funds on federal lands.

2. The commissioner is authorized to cooperate with agencies of adjacent states in such

operations and measures the commissioner deems necessary to locate; to suppress,

control, eradicate, prevent, or retard the spread of any pest, provided, that the use of

funds appropriated to carry out this chapter, for operations in adjacent states, must be

approved in advance by the governor or the governor's designee.
N.D. Cent. Code § 4.1-06-16 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-16
4.1-06-16. Reimbursement for double payment
Status: in_force

4.1-06-16. Reimbursement for double payment

Notwithstanding section 4.1-06-15, if a producer documents to the council that the producer

has paid the assessment more than once on the same dry beans, the council shall reimburse

the producer for the double payment.
N.D. Cent. Code § 4.1-83-29 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-29
4.1-83-29. Court costs
Status: in_force

4.1-83-29. Court costs

The agriculture commissioner is not required to pay any filing fee or other court cost or

disbursement in connection with an application for appointment as trustee or with any action

brought under this chapter if the fee, cost, or disbursement accrues to the state or to a county in

this state.
N.D. Cent. Code § 4.1-56-01 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-01
4.1-56-01. Definition
Status: in_force

4.1-56-01. Definition

As used in this chapter, unless the context otherwise requires, "potato" means an Irish

potato.
N.D. Cent. Code § 41-09-120 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-120
41-09-120. (9-625) Remedies for secured party's failure to comply with chapter
Status: in_force

41-09-120. (9-625) Remedies for secured party's failure to comply with chapter

1. If it is established that a secured party is not proceeding in accordance with this

chapter, a court may order or restrain collection, enforcement, or disposition of

collateral on appropriate terms and conditions.

2. Subject to subsections 3, 4, and 6, a person is liable for damages in the amount of any

loss caused by a failure to comply with this chapter. Loss caused by a failure to comply

with a request under section 41-09-20 may include loss resulting from the debtor's

inability to obtain, or increase costs of, alternative financing.

3. Except as otherwise provided in section 41-09-123:

a. A person that, at the time of the failure, was a debtor, was an obligor, or held a

security interest in or other lien on the collateral may recover in an individual

action damages under subsection 2 for its loss; and

b. If the collateral is consumer goods, a person that was a debtor or a secondary

obligor at the time a secured party failed to comply with this part may recover in

an individual action for that failure in any event an amount not less than the credit

service charge plus ten percent of the principal amount of the obligation or the

time-price differential plus ten percent of the cash price.

4. A debtor whose deficiency is eliminated under section 41-09-121 may recover in an

individual action damages for the loss of any surplus. However, a debtor or secondary

obligor whose deficiency is eliminated or reduced under section 41-09-121 may not

otherwise recover under subsection 2 for noncompliance with the provisions of

sections 41-09-98 through 41-09-123 relating to collection, enforcement, disposition,

or acceptance.

5. In addition to any damages recoverable under subsection 2, the debtor or person

named as a debtor in a filed record, as applicable, may recover in an individual action

one hundred dollars in each case from a person that:

a. Fails to comply with section 41-09-18;

b. Fails to comply with section 41-09-19;

c. Files a record that the person is not entitled to file under subsection 1 of section

41-09-80; or

d. Fails to comply with section 41-09-84.

6. A debtor or consumer obligor may recover in an individual action damages under

subsection 2 and, in addition, one hundred dollars in each case from a person that,

without reasonable cause, fails to comply with a request under section 41-09-20. A

recipient of a request under section 41-09-20 which never claimed an interest in the

collateral or obligations that are the subject of a request under that section has a

reasonable excuse for failure to comply with the request within the meaning of this

subsection.

7. If a secured party fails to comply with a request regarding a list of collateral or a

statement of account under section 41-09-20, the secured party may claim a security

interest only as shown in the list or statement included in the request as against a

person that is reasonably misled by the failure.
N.D. Cent. Code § 41-02.1-09 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-09
41-02.1-09. (2A-109) Option to accelerate at will
Status: in_force

41-02.1-09. (2A-109) Option to accelerate at will

1. A term providing that one party or that party's successor in interest may accelerate

payment or performance or require collateral or additional collateral "at will" or "when

he or she deems himself or herself insecure" or in words of similar import must be

construed to mean that the party has power to do so only if the party in good faith

believes that the prospect of payment or performance is impaired.

2. With respect to a consumer lease, the burden of establishing good faith under

subsection 1 is on the party who exercised the power. Otherwise, the burden of

establishing lack of good faith is on the party against whom the power has been

exercised.
N.D. Cent. Code § 4.1-03-11 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-11
4.1-03-11. Assessment - Penalty (Contingent expiration date - See note)
Status: in_force

4.1-03-11. Assessment - Penalty. (Contingent expiration date - See note)

1. a. Any person who sells cattle in this state or from this state must pay an

assessment equal to the amount set forth in federal law.

b. In addition to the assessment required in subdivision a, any person who sells

cattle in this state or from this state must pay an assessment equal to one dollar

for each animal sold.

2. The assessment provided for in subsection 1 does not apply to cattle owned by a

person who certifies to the commission, on forms provided by the commission, that:

a. The person's only share in the proceeds of a sale is a sales commission,

handling fee, or other service fee; or

b. (1) The person acquired ownership of the cattle to facilitate the transfer of

ownership to a third party;

(2) The person resold the cattle within ten days from the date on which the

person acquired ownership; and

(3) Any assessment that was levied upon the prior owner has been collected

and remitted or will be remitted in a timely fashion.

3. Any person willfully providing false or misleading information to the commission under

this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 4.1-55-17 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-17
4.1-55-17. Penalties
Status: in_force

4.1-55-17. Penalties

1. Any person willfully violating this chapter is guilty of a class A misdemeanor.

2. Any person willfully violating this chapter is subject to a civil penalty in an amount not

exceeding 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.
N.D. Cent. Code § 4.1-45-02 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-02
4.1-45-02. State fair association members
Status: in_force

4.1-45-02. State fair association members

1. The state fair association membership must be selected in the following manner:

a. Three members must be chosen annually from each county, who are residents of

the county. From each county, one member must be selected by the county fair

board, one member selected by the board of county commissioners, and one

member selected by the county agent. In a county in which there is no county fair

board or county agent, or neither, the board of county commissioners shall select

the members for which there is no other appointing authority under this

subsection. A majority of the members must be selected under this subsection.

b. By a two-thirds vote of the board of directors, the directors may elect individuals

as nonvoting honorary life members in recognition of eminent services in

agriculture, horticulture, or associated arts and sciences; long and faithful service

in the association; or benefits conferred upon the association.

2. The election and selection of members must be made and certified to the state fair

association on or before each annual meeting. The term of each member, except

honorary life members, begins at the opening of the annual meeting after being

chosen under subsection 1 and continues until the opening of the succeeding annual

meeting. Each member holds office until that member's successor is chosen and

qualified. A member who is a director remains a member through that member's term

of office as director. Any member may resign from membership by filing a written

resignation with the secretary of the association but memberships are not transferable

or assignable. By majority vote of all members of the board, the board of directors may

suspend or expel a member for cause.
N.D. Cent. Code § 41-04-19 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-19
41-04-19. (4-207) Transfer warranties
Status: in_force

41-04-19. (4-207) Transfer warranties

1. A customer or collecting bank that transfers an item and receives a settlement or other

consideration warrants to the transferee and to any subsequent collecting bank that:

a. The warrantor is a person entitled to enforce the item.

b. All signatures on the item are authentic and authorized.

c. The item has not been altered.

d. The item is not subject to a defense or claim in recoupment (subsection 1 of

section 41-03-31) of any party that can be asserted against the warrantor.

e. The warrantor has no knowledge of any insolvency proceeding commenced with

respect to the maker or acceptor or, in the case of an unaccepted draft, the

drawer.

f. If the item is a demand draft, creation of the item according to the terms on its

face was authorized by the person identified as drawer.

2. If an item is dishonored, a customer or collecting bank transferring the item and

receiving settlement or other consideration is obliged to pay the amount due on the

item according to the terms of the item at the time it was transferred, or, if the transfer

was of an incomplete item, according to its terms when completed as stated in

sections 41-03-15 and 41-03-44. The obligation of a transferor is owed to the

transferee and to any subsequent collecting bank that takes the item in good faith. A

transferor may not disclaim its obligation under this subsection by an endorsement

stating that it is made "without recourse" or otherwise disclaiming liability.

3. A person to whom the warranties under subsection 1 are made and who took the item

in good faith may recover from the warrantor as damages for breach of warranty an

amount equal to the loss suffered as a result of the breach, but not more than the

amount of the item plus expenses and loss of interest incurred as a result of the

breach.

4. The warranties stated in subsection 1 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 warrantor is discharged to the extent of any loss caused by the delay in

giving notice of the claim.

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

has reason to know of the breach.

6. If the warranty in subdivision f of subsection 1 is not given by a transferor or collecting

bank under applicable conflict of law rules, the warranty is not given to that transferor

when that transferor is a transferee nor to any prior collecting bank of that transferee.
N.D. Cent. Code § 41-02-32 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-32
41-02-32. (2-315) Implied warranty - Fitness for particular purpose
Status: in_force

41-02-32. (2-315) Implied warranty - Fitness for particular purpose

If the seller at the time of contracting has reason to know any particular purpose for which

the goods are required and that the buyer is relying on the seller's skill or judgment to select or

furnish suitable goods, there is unless excluded or modified under the next section an implied

warranty that the goods shall be fit for such purpose.
N.D. Cent. Code § 41-09-67 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-67
41-09-67. (9-405) Modification of assigned contract
Status: in_force

41-09-67. (9-405) Modification of assigned contract

1. A modification of or substitution for an assigned contract is effective against an

assignee if made in good faith. The assignee acquires corresponding rights under the

modified or substituted contract. The assignment may provide that the modification or

substitution is a breach of contract by the assignor. This subsection is subject to

subsections 2 through 4.

2. Subsection 1 applies to the extent that:

a. The right to payment or a part thereof under an assigned contract has not been

fully earned by performance; or

b. The right to payment or a part thereof has been fully earned by performance and

the account debtor has not received notification of the assignment under

subsection 1 of section 41-09-68.

3. This section is subject to law other than this chapter which establishes a different rule

for an account debtor who is an individual and who incurred the obligation primarily for

personal, family, or household purposes.

4. This section does not apply to an assignment of a health care insurance receivable.
N.D. Cent. Code § 41-04.1-24 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-24
41-04.1-24. (4A-304) Duty of sender to report erroneously executed payment order
Status: in_force

41-04.1-24. (4A-304) Duty of sender to report erroneously executed payment order

If the sender of a payment order that is erroneously executed as stated in section

41-04.1-23 receives notification from the receiving bank that the order was executed or that the

sender's account was debited with respect to the order, the sender has a duty to exercise

ordinary care to determine, on the basis of information available to the sender, that the order

was erroneously executed and to notify the bank of the relevant facts within a reasonable time

not exceeding ninety days after the notification from the bank was received by the sender. If the

sender fails to perform that duty, the bank is not obliged to pay interest on any amount

refundable to the sender under subsection 4 of section 41-04.1-27 for the period before the

bank learns of the execution error. The bank is not entitled to any recovery from the sender on

account of a failure by the sender to perform the duty stated in this section.
N.D. Cent. Code § 4.1-01.1-08 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-08
4.1-01.1-08. Agriculture diversification and development committee
Status: in_force

4.1-01.1-08. Agriculture diversification and development committee

1. The agriculture diversification and development committee consists of eleven

members, five of whom must be appointed by the commissioner for terms of two years

each, arranged so that two terms expire in odd-numbered years and three terms

expire in even-numbered years.

a. Four of the members appointed by the commissioner must be actively engaged in

farming in this state and the fifth member appointed by the commissioner must be

actively engaged in agribusiness in this state.

b. The governor shall appoint one member for a term of two years which expires in

odd-numbered years.

c. The member appointed by the governor must be actively engaged in business in

this state.

d. The remaining committee members must consist of:

(1) One representative from the independent community banks of North

Dakota;

(2) One representative from the North Dakota bankers association;

(3) The commissioner of commerce or the commissioner's designee;

(4) The president of North Dakota state university or the president's designee;

and

(5) The agriculture commissioner or the commissioner's designee.

e. The committee shall elect one of its members as chairman.

2. The agriculture diversification and development committee shall develop guidelines for

the grants, including eligibility criteria and reporting requirements. The guidelines must

include priority for businesses with a majority of the ownership comprised of North

Dakota residents. The agriculture diversification and development committee shall

review grant applications and make funding determinations. Members of the

committee are entitled to be reimbursed for expenses incurred in the performance of

their duties, in the same manner as other state officials are reimbursed, in accordance

with sections 44-08-04 and 54-06-09. If not otherwise employed by the state of North

Dakota, members of the committee are entitled to receive per diem compensation of

one hundred thirty-five dollars for each day of attending meetings and performing other

duties relating to official business of the committee.
N.D. Cent. Code § 4.1-01.1-01 — ND Code / Title 4.1 / Chapter 4.1-01.1 / Section 4.1-01.1-01
4.1-01.1-01. Agricultural products utilization commission - Composition - Appointment
Status: in_force

4.1-01.1-01. Agricultural products utilization commission - Composition -

Appointment.

The agricultural products utilization commission shall administer the agricultural products

utilization fund. The commission shall consist of nine members, five of whom must be appointed

by the agriculture commissioner for terms of two years each, arranged so that two terms expire

in odd-numbered years and three terms expire in even-numbered years. Four members

appointed by the agriculture commissioner must be actively engaged in farming in this state and

one member appointed by the agriculture commissioner must be actively engaged in business

in this state. The governor shall appoint one member for a term of two years which expires in

odd-numbered years. The member appointed by the governor must be actively engaged in

business in this state. Commission members may be reappointed. Terms of commissioners

commence on the first day of July. The commissioner of commerce, the president of North

Dakota state university, and the agriculture commissioner, or their designees, are members of

the commission. The commission shall elect one of its members as chairman.
N.D. Cent. Code § 4.1-43-08 — ND Code / Title 4.1 / Chapter 4.1-43 / Section 4.1-43-08
4.1-43-08. Penalty - Criminal - Civil
Status: in_force

4.1-43-08. Penalty - Criminal - Civil

It is a class B misdemeanor for any person to willfully violate a provision of this chapter or

any rule adopted under this chapter, or who willfully and falsely represents that any livestock

medicine is registered for sale in this state. A person who violates a provision of this chapter or a

rule adopted under this chapter is subject to a civil penalty not to exceed five hundred dollars

per violation. Each day of noncompliance constitutes a separate violation for purposes of

penalty assessments. The civil penalty may be imposed by a court in a civil proceeding or by

the commissioner through an administrative hearing under chapter 28-32.
N.D. Cent. Code § 41-02-21 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-21
41-02-21. (2-304) Price payable in money, goods, realty, or otherwise
Status: in_force

41-02-21. (2-304) Price payable in money, goods, realty, or otherwise

1. The price may be made payable in money or otherwise. If it is payable in whole or in

part in goods, each party is a seller of the goods which that party is to transfer.

2. Even though all or part of the price is payable in an interest in realty, the transfer of the

goods and the seller's obligations with reference to them are subject to this chapter,

but not the transfer of the interest in realty or the transferor's obligations in connection

therewith.
N.D. Cent. Code § 4.1-02-08 — ND Code / Title 4.1 / Chapter 4.1-02 / Section 4.1-02-08
4.1-02-08. Election of chairman - Meetings
Status: in_force

4.1-02-08. 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 § 41-09-34.1 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-34.1
41-09-34.1. (9-314A) Perfection by possession and control of chattel paper
Status: in_force

41-09-34.1. (9-314A) Perfection by possession and control of chattel paper

1. A secured party may perfect a security interest in chattel paper by taking possession of

each authoritative tangible copy of the record evidencing the chattel paper and

obtaining control of each authoritative electronic copy of the electronic record

evidencing the chattel paper.

2. A security interest is perfected under subsection 1 not earlier than the time the secured

party takes possession and obtains control and remains perfected under subsection 1

only while the secured party retains possession and control.

3. Subsections 3 and 6 through 9 of section 41-09-33 applies to perfection by possession

of an authoritative tangible copy of a record evidencing chattel paper.
N.D. Cent. Code § 41-03-50 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-50
41-03-50. (3-413) Obligation of acceptor
Status: in_force

41-03-50. (3-413) Obligation of acceptor

1. The acceptor of a draft is obliged to pay the draft according to its terms at the time it

was accepted, even though the acceptance states that the draft is payable "as

originally drawn" or equivalent terms; if the acceptance varies the terms of the draft,

according to the terms of the draft as varied; or if the acceptance is of a draft that is an

incomplete instrument, according to its terms when completed as stated in sections

41-03-15 and 41-03-44. The obligation is owed to a person entitled to enforce the draft

or to the drawer or an endorser that paid the draft under section 41-03-51 or 41-03-52.

2. If the certification of a check or other acceptance of a draft states the amount certified

or accepted, the obligation of the acceptor is that amount. If the certification or

acceptance does not state an amount, the amount of the instrument is subsequently

raised, and the instrument is then negotiated to a holder in due course, the obligation

of the acceptor is the amount of the instrument at the time it was taken by the holder in

due course.
N.D. Cent. Code § 4.1-06-08 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-08
4.1-06-08. Council members - Compensation
Status: in_force

4.1-06-08. Council members - Compensation

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

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

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

performing duties directed by the council.
N.D. Cent. Code § 41-04-18 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-18
41-04-18. (4-206) Transfer between banks
Status: in_force

41-04-18. (4-206) Transfer between banks

Any agreed method that identifies the transferor bank is sufficient for further transfer of the

item to another bank.
N.D. Cent. Code § 41-02.1-56 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-56
41-02.1-56. (2A-508) Lessee's remedies
Status: in_force

41-02.1-56. (2A-508) Lessee's remedies

1. If a lessor fails to deliver the goods in conformity to the lease contract (section

41-02.1-57) or repudiates the lease contract (section 41-02.1-43), or a lessee rightfully

rejects the goods (section 41-02.1-57) or justifiably revokes acceptance of the goods

(section 41-02.1-65), then with respect to any goods involved, and with respect to all of

the goods if under an installment lease contract the value of the whole lease contract

is substantially impaired (section 41-02.1-58), the lessor is in default under the lease

contract and the lessee may:

a. Cancel the lease contract (subsection 1 of section 41-02.1-53).

b. Recover so much of the rent and security as has been paid as is just under the

circumstances.

c. Cover and recover damages as to all goods affected whether or not they have

been identified to the lease contract (sections 41-02.1-66 and 41-02.1-68), or

recover damages for nondelivery (sections 41-02.1-67 and 41-02.1-68).

d. Exercise any other rights or remedies provided in the lease contract.

2. If a lessor fails to deliver the goods in conformity to the lease contract or repudiates

the lease contract, the lessee may also:

a. If the goods have been identified, recover them (section 41-02.1-70); or

b. In a proper case, obtain specific performance or replevy the goods (section

41-02.1-80).

3. If a lessor is otherwise in default under a lease contract, the lessee may exercise the

rights and remedies provided in the lease contract, which may include a right to cancel

the lease, and under subsection 3 of section 41-02.1-67.

4. If a lessor has breached a warranty, whether express or implied, the lessee may

recover damages (subsection 4 of section 41-02.1-67).

5. On rightful rejection or justifiable revocation of acceptance, a lessee has a security

interest in goods in the lessee's possession or control for any rent and security that

has been paid and any expenses reasonably incurred in their inspection, receipt,

transportation, and care and custody and may hold those goods and dispose of them

in good faith and in a commercially reasonable manner, subject to the provisions of

subsection 5 of section 41-02.1-75.

6. Subject to the provisions of section 41-02.1-48, a lessee, on notifying the lessor of the

lessee's intention to do so, may deduct all or any part of the damages resulting from

any default under the lease contract from any part of the rent still due under the same

lease contract.
N.D. Cent. Code § 41-09-34 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-34
41-09-34. (9-314) Perfection by control
Status: in_force

41-09-34. (9-314) Perfection by control

1. A security interest in controllable accounts, controllable electronic records, controllable

payment intangibles, deposit accounts, uncertificated certificates of deposit, electronic

documents, electronic money, investment property, or letter-of-credit rights may be

perfected by control of the collateral under section 41-07-06, 41-09-04, 41-09-05.1,

41-09-06, 41-09-07, or 41-09-07.1.

2. A security interest in controllable accounts, controllable electronic records, controllable

payment intangibles, deposit accounts, electronic documents, uncertificated

certificates of deposit, electronic money, or letter-of-credit rights is perfected by control

under section 41-07-06, 41-09-04, 41-09-05.1, 41-09-07, or 41-09-07.1 not earlier than

the time the secured party obtains control and remains perfected by control only while

the secured party retains control.

3. A security interest in investment property is perfected by control under section

41-09-06 not earlier than the time the secured party obtains control and remains

perfected by control until:

a. The secured party does not have control; and

b. One of the following occurs:

(1) If the collateral is a certificated security, the debtor has or acquires

possession of the security certificate;

(2) If the collateral is an uncertificated security, the issuer has registered or

registers the debtor as the registered owner; or

(3) If the collateral is a security entitlement, the debtor is or becomes the

entitlement holder.
N.D. Cent. Code § 41-04-31 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-31
41-04-31. (4-303) When items subject to notice, stop order, legal process, or setoff - Order in which items may be charged or certified
Status: in_force

41-04-31. If a bank charges against the account of a customer a check before the date

stated in the notice of postdating, the bank is liable for damages for the loss resulting

from its act. The loss may include damages for dishonor of subsequent items pursuant

to section 41-04-33.

4. A bank that in good faith makes payment to a holder may charge the indicated account

of its customer according to:

a. The original terms of the altered item; or

b. The terms of the completed item, even though the bank knows the item has been

completed unless the bank has notice that the completion was improper.
N.D. Cent. Code § 4.1-53-16 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-16
4.1-53-16. Agricultural seed - Additional label requirements - Limited applicability
Status: in_force

4.1-53-16. Agricultural seed - Additional label requirements - Limited applicability

1. In addition to any other label requirements set forth in this chapter, the label on each

container of barley, canola, dry beans, durum, field peas, flax, oats, soybeans, and

wheat seed offered for sale or sold in this state for planting purposes must include:

a. The kind of each agricultural seed;

b. The variety of each agricultural seed component constituting more than five

percent of the whole; and

c. The percentage by weight of each agricultural seed component constituting more

than five percent of the whole.

2. In addition to any other requirements set forth in this chapter, the label on each

container of agricultural seed other than barley, canola, dry beans, durum, field peas,

flax, oats, soybeans, and wheat seed offered for sale in this state for planting

purposes:

a. Must include the kind of each agricultural seed;

b. May include the variety of each agricultural seed component constituting more

than five percent of the whole; and

c. Must include the percentage by weight of each agricultural seed component

constituting more than five percent of the whole.
N.D. Cent. Code § 4.1-21-04 — ND Code / Title 4.1 / Chapter 4.1-21 / Section 4.1-21-04
4.1-21-04. State forester reserve account
Status: in_force

4.1-21-04. State forester reserve account

The state forester reserve account is established as a special account in the state treasury.

All moneys received for charges in excess of the cost of production of seedlings from the state

nursery must be deposited in the reserve account. The state forester may use the reserve

account within limits of legislative appropriations for expenses relating to nursery seedling

losses or other unanticipated events requiring additional funding as determined necessary by

the state forester. If the balance of the state forester reserve account exceeds one million five

hundred thousand dollars, charges for state nursery seedlings must not exceed estimated

production costs until the account balance is less than one million two hundred thousand

dollars, at which time the state forester may charge one hundred ten percent of production

costs.
N.D. Cent. Code § 41-08-21 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-21
41-08-21. (8-205) Effect of unauthorized signature on security certificate
Status: in_force

41-08-21. (8-205) Effect of unauthorized signature on security certificate

An unauthorized signature placed on a security certificate before or in the course of issue is

ineffective, but the signature is effective in favor of a purchaser for value of the certificated

security if the purchaser is without notice of the lack of authority and the signing has been done

by:

1. An authenticating trustee, registrar, transfer agent, or other person entrusted by the

issuer with the signing of the security certificate or of similar security certificates, or the

immediate preparation for signing of any of them; or

2. An employee of the issuer, or of any of the persons listed in subsection 1, entrusted

with responsible handling of the security certificate.
N.D. Cent. Code § 41-04.1-38 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-38
41-04.1-38. (4A-507) Choice of law
Status: in_force

41-04.1-38. (4A-507) Choice of law

1. The following rules apply unless the affected parties otherwise agree or subsection 3

applies:

a. The rights and obligations between the sender of a payment order and the

receiving bank are governed by the law of the jurisdiction in which the receiving

bank is located.

b. The rights and obligations between the beneficiary's bank and the beneficiary are

governed by the law of the jurisdiction in which the beneficiary's bank is located.

c. The issue of when payment is made pursuant to a funds transfer by the originator

to the beneficiary is governed by the law of the jurisdiction in which the

beneficiary's bank is located.

2. If the parties described in each subdivision of subsection 1 have made an agreement

selecting the law of a particular jurisdiction to govern rights and obligations between

each other, the law of that jurisdiction governs those rights and obligations, whether or

not the payment order or the funds transfer bears a reasonable relation to that

jurisdiction.

3. A funds-transfer system rule may select the law of a particular jurisdiction to govern

the:

a. Rights and obligations between participating banks with respect to payment

orders transmitted or processed through the system.

b. The rights and obligations of some or all parties to a funds transfer any part of

which is carried out by means of the system.

A choice of law made under subdivision a is binding on participating banks. A choice of

law made under subdivision b is binding on the originator, other sender, or a receiving

bank having notice that the funds-transfer system might be used in the funds transfer

and of the choice of law by the system when the originator, other sender, or receiving

bank issued or accepted a payment order. The beneficiary of a funds transfer is bound

by the choice of law if, when the funds transfer is initiated, the beneficiary has notice

that the funds-transfer system might be used in the funds transfer and of the choice of

law by the system. The law of a jurisdiction selected pursuant to this subsection may

govern, whether or not that law bears a reasonable relation to the matter in issue.

4. In the event of inconsistency between an agreement under subsection 2 and a

choice-of-law rule under subsection 3, the agreement under subsection 2 prevails.

5. If a funds transfer is made by use of more than one funds-transfer system and there is

inconsistency between choice-of-law rules of the systems, the matter in issue is

governed by the law of the selected jurisdiction that has the most significant

relationship to the matter in issue.
N.D. Cent. Code § 4.1-32-07 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-07
4.1-32-07. Inspection of plant authorized
Status: in_force

4.1-32-07. Inspection of plant authorized

The operator of any establishment licensed under this chapter shall permit an official

authorized by the state veterinarian or any health officer to inspect the licensed establishment at

any time.
N.D. Cent. Code § 41-03-55 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-55
41-03-55. (3-418) Payment or acceptance by mistake
Status: in_force

41-03-55. (3-418) Payment or acceptance by mistake

1. Except as provided in subsection 3, if the drawee of a draft pays or accepts the draft

and the drawee acted on the mistaken belief that payment of the draft had not been

stopped under section 41-04-34 or that the signature of the purported drawer of the

draft was authorized, the drawee may recover the amount of the draft from the person

to whom or for whose benefit payment was made or, in the case of acceptance, may

revoke the acceptance. Rights of the drawee under this subsection are not affected by

failure of the drawee to exercise ordinary care in paying or accepting the draft.

2. Except as provided in subsection 3, if an instrument has been paid or accepted by

mistake and the case is not covered by subsection 1, the person paying or accepting

may, to the extent permitted by the law governing mistake and restitution, recover the

payment from the person to whom or for whose benefit payment was made or, in the

case of acceptance, may revoke the acceptance.

3. The remedies provided by subsection 1 or 2 may not be asserted against a person

who took the instrument in good faith and for value or who in good faith changed

position in reliance on the payment or acceptance. This subsection does not limit

remedies provided by section 41-03-54 or 41-04-38.

4. Notwithstanding section 41-04-27, if an instrument is paid or accepted by mistake and

the payor or acceptor recovers payment or revokes acceptance under subsection 1 or

2, the instrument is deemed not to have been paid or accepted and is treated as

dishonored, and the person from whom payment is recovered has rights as a person

entitled to enforce the dishonored instrument.
N.D. Cent. Code § 4.1-07-16 — ND Code / Title 4.1 / Chapter 4.1-07 / Section 4.1-07-16
4.1-07-16. Reimbursement for double payment
Status: in_force

4.1-07-16. Reimbursement for double payment

Notwithstanding section 4.1-07-15, if a producer documents to the council that the producer

has paid the assessment more than once on the same dry peas or lentils, the council shall

reimburse the producer for the double payment.
N.D. Cent. Code § 4.1-45-24 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-24
4.1-45-24. The Iverson grandstand
Status: in_force

4.1-45-24. The Iverson grandstand

The grandstand constructed by the state fair association on the state fairgrounds during the

2009-11 biennium is designated the Iverson grandstand.
N.D. Cent. Code § 41-11-05 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-05
41-11-05. (A-302) Security interest perfected before effective date
Status: in_force

41-11-05. (A-302) Security interest perfected before effective date

1. A security interest that is enforceable and perfected immediately before August 1,

2023, is a perfected security interest under this Act if, on August 1, 2023, the

requirements for enforceability and perfection under this Act are satisfied without

further action.

2. If a security interest is enforceable and perfected immediately before August 1, 2023,

but the requirements for enforceability or perfection under this Act are not satisfied on

August 1, 2023, the security interest:

a. Is a perfected security interest until the earlier of the time perfection would have

ceased under the law in effect immediately before August 1, 2023, or the

adjustment date;

b. Remains enforceable thereafter only if the security interest satisfies the

requirements for enforceability under section 41-09-13, as amended by this Act,

before the adjustment date; and

c. Remains perfected thereafter only if the requirements for perfection under this Act

are satisfied before the time specified in subdivision a.
N.D. Cent. Code § 4.1-53-20 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-20
4.1-53-20. Agricultural seed - Sale of small quantities - Container label requirements
Status: in_force

4.1-53-20. Agricultural seed - Sale of small quantities - Container label requirements

If agricultural seed is sold in quantities of five pounds [2.26796 kilograms] or less, the

container into which the seed is placed is exempt from the labeling requirements of this chapter

provided:

1. The container from which the seed is taken is in compliance with the labeling

requirements of this chapter; and

2. The seed is removed from the container referenced in subsection 1 and weighed, in

the presence of the purchaser.
N.D. Cent. Code § 4.1-10-04 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-04
4.1-10-04. Election of council members
Status: in_force

4.1-10-04. Election of council members

1. Each year during the month of May, the commissioner shall identify the districts

represented by council members whose terms are about to expire.

2. a. The commissioner shall forward to each producer residing in the district a letter

inviting the producer to place the producer's own name or the name of another

producer into nomination for election to the council.

b. The commissioner shall include a statement of eligibility to be completed by the

producer seeking election and a nomination petition to be signed by five other

producers.

3. In order for a name to be placed on the ballot, the statement of eligibility and the

nomination petition must be received by the council on the date specified by the

commissioner. That date may not be later than May thirty-first.

4. The commissioner shall prepare election ballots and mail the ballots to the

participating producers in the district, together with a statement indicating:

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

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

ballots; and

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

and tabulated.

5. The date selected for the opening and tabulation of ballots must be at least five days

after the date by which ballots must be postmarked or filed with the council.

6. After the election, the council shall notify the governor that the election has taken place

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

member.
N.D. Cent. Code § 4.1-59-27 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-27
4.1-59-27. Commissioner to marshall trust assets
Status: in_force

4.1-59-27. Commissioner to marshall trust assets

Upon the commissioner's appointment, the commissioner shall marshall all trust fund

assets. The commissioner may maintain suits in the name of the state of North Dakota for the

benefit of all receiptholders against the licensee's bonds, insurers of grain, any person that may

have converted any grain, and any person that may have received preferential treatment by

being paid by the insolvent licensee after the first default.
N.D. Cent. Code § 4.1-35-04 — ND Code / Title 4.1 / Chapter 4.1-35 / Section 4.1-35-04
4.1-35-04. Inspections - Assistance of department of water resources
Status: in_force

4.1-35-04. Inspections - Assistance of department of water resources

The department of water resources shall cooperate with the commissioner in the inspection

of any irrigation system using chemigation. The department shall inform the commissioner of

any violation of this chapter which is discovered in the course of the department's regular

inspections of irrigation systems using chemigation.
N.D. Cent. Code § 4.1-83-10 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-10
4.1-83-10. Dealer's license - Grounds for denial - Hearing
Status: in_force

4.1-83-10. Dealer's license - Grounds for denial - Hearing

1. The agriculture commissioner shall deny an applicant a livestock dealer's license if:

a. The applicant's current assets do not exceed the applicant's current liabilities; or

b. The applicant submitted false or misleading information in connection with the

application.

2. The agriculture commissioner may deny an applicant a livestock dealer's license:

a. If after due investigation, the commissioner has reason to believe that the

applicant has failed to pay, in a timely manner and without reasonable cause,

prior obligations incurred in connection with livestock transactions;

b. If the applicant has failed to pay brand inspection fees or veterinary inspection

fees, as required by law, within sixty days of the date on which they were due;

c. If the applicant has violated any of the laws of this state governing the handling,

shipment, or transportation of livestock; or

d. For any other just and good cause.

3. 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 § 4.1-25-50 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-50
4.1-25-50. Rules
Status: in_force

4.1-25-50. Rules

The commissioner may adopt rules under chapter 28-32 to implement this chapter.
N.D. Cent. Code § 4.1-56-10 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-10
4.1-56-10. Shipment of potatoes - Payment of assessment
Status: in_force

4.1-56-10. Shipment of potatoes - Payment of assessment

A person producing seed potatoes in a seed potato control area may not ship or transport

the seed potatoes out of the area unless the person pays the assessment provided for in this

chapter.
N.D. Cent. Code § 4.1-34-05 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-05
4.1-34-05. Protection of trade secrets
Status: in_force

4.1-34-05. Protection of trade secrets

1. In submitting data required by this chapter, the applicant may:

a. Clearly mark any portions that the applicant requests the commissioner to

determine to be trade secrets or commercial or financial information; and

b. Submit the marked material separately from other material.

2. After consideration of the applicant's request submitted under subsection 1, the

commissioner may not make any information public which in the commissioner's

judgment contains or relates to trade secrets or to commercial or financial information

obtained from an applicant. When necessary, information relating to formulas of

products may be revealed to any state or federal agency consulted with similar

protection of trade secret authority and may be revealed at a public hearing or in

findings of facts issued by the commissioner.

3. If the commissioner proposes to release information that the applicant or registrant

believes to be protected from disclosure under this section, the commissioner shall

notify the applicant or registrant by certified mail. The commissioner may not make the

information available for inspection until thirty days after receipt of the notice by the

applicant or registrant. During this period, the applicant or registrant may institute an

action in an appropriate court for a declaratory judgment as to whether the information

is subject to protection under this section.
N.D. Cent. Code § 4.1-40.1-03 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-03
4.1-40.1-03. Distributor's license - Fees
Status: in_force

4.1-40.1-03. Distributor's license - Fees

1. A person may not distribute a beneficial substance in this state without first obtaining a

distributor's license from the commissioner.

2. A license is required for each location or mobile mechanical unit used by a distributor

in the state.

3. The application for a license must be submitted on a form furnished by the

commissioner and must be accompanied by a fee of one hundred dollars.

4. A license is effective for a two-year period beginning July first and ending June thirtieth

of each even-numbered year.

5. A license renewal application received after July thirty-first must be assessed a penalty

of one hundred dollars per location.

6. A license issued under this section:

a. Is not transferable;

b. Must be conspicuously posted at each location used by the distributor; and

c. Must be carried in each mobile mechanical unit operated by the distributor in the

state.

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

treasurer for deposit in the environment and rangeland protection fund.
N.D. Cent. Code § 41-03-38 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-38
41-03-38. (3-401) Signature
Status: in_force

41-03-38. (3-401) Signature

A person is not liable on an instrument unless the person signed the instrument or the

person is represented by an agent or representative who signed the instrument and the

signature is binding on the represented person under section 41-03-39.
N.D. Cent. Code § 4.1-40.1-07 — ND Code / Title 4.1 / Chapter 4.1-40.1 / Section 4.1-40.1-07
4.1-40.1-07. Cancellation of registration
Status: in_force

4.1-40.1-07. Cancellation of registration

1. The commissioner may cancel the registration of any beneficial substance product or

refuse to register any beneficial substance product as provided in this chapter due to:

a. An incomplete or insufficient registration application;

b. The misbranding or adulteration of a beneficial substance; or

c. A violation of this chapter or rules adopted under this chapter.

2. If the commissioner cancels or refuses to renew an existing registration due to the

misbranding or adulteration of a beneficial substance or due to a violation of this

chapter or a rule adopted under this chapter, the registrant or applicant may request a

hearing.
N.D. Cent. Code § 4.1-06-13 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-13
4.1-06-13. Collection of assessment - Records
Status: in_force

4.1-06-13. Collection of assessment - Records

1. The designated handler shall collect the assessment from the seller by deducting the

assessment from the total price of the dry beans being purchased by the designated

handler.

2. Each designated handler shall keep documents regarding all purchases, sales, and

shipments of raw dry beans for a period of three years. The records may be examined

by the council upon request.

3. At the time and in the manner prescribed by the council, each designated handler shall

file a report stating, in individual and total amounts, the quantity of all dry beans that

the handler received, sold, or shipped, and the source of all dry beans that the handler

received, sold, or shipped.
N.D. Cent. Code § 41-04-22 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-22
41-04-22. (4-210) Security interest of collecting bank in items, accompanying documents, and proceeds
Status: in_force

41-04-22. (4-210) Security interest of collecting bank in items, accompanying

documents, and proceeds.

1. A collecting bank has a security interest in an item and any accompanying documents

or the proceeds of either:

a. In case of an item deposited in an account, to the extent to which credit given for

the item has been withdrawn or applied.

b. In case of an item for which it has given credit available for withdrawal as of right,

to the extent of the credit given, whether or not the credit is drawn upon or there

is a right of chargeback.

c. If it makes an advance on or against the item.

2. If credit given for several items received at one time or under a single agreement is

withdrawn or applied in part, the security interest remains upon all the items, any

accompanying documents, or the proceeds of either. For the purpose of this section,

credits first given are first withdrawn.

3. Receipt by a collecting bank of a final settlement for an item is a realization on its

security interest in the item, accompanying documents, and proceeds. To the extent

and so long as the bank does not receive final settlement for the item or give up

possession of the item or possession or control of the accompanying documents for

purposes other than collection, the security interest continues and is subject to the

provisions of chapter 41-09, except that:

a. No security agreement is necessary to make the security interest enforceable

(paragraph 1 of subdivision c of subsection 2 of section 41-09-13).

b. No filing is required to perfect the security interest.

c. The security interest has priority over conflicting perfected security interest in the

item, accompanying documents, or proceeds.
N.D. Cent. Code § 4.1-53-53 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-53
4.1-53-53. Prohibited activities
Status: in_force

4.1-53-53. Prohibited activities

A person may not:

1. Detach, alter, deface, or destroy any label provided for in this chapter;

2. Alter or substitute seed with the intent to defeat the purpose of this chapter;

3. Engage in false or misleading advertising regarding seeds;

4. Use the name of the seed department or the name of the official laboratory for

advertising purposes in connection with seed analyzed or tested by the seed

department or the official laboratory, except in the case of certified seed;

5. Fail to comply with a stop-sale order issued by the seed commissioner;

6. Use the words "type" or "trace" on a label in connection with the name and description

of any seed;

7. Disclaim in any manner or form a vendor's responsibility for any label content required

by law; or

8. Sell or transfer a protected variety to another producer for the purpose of planting

without obtaining the approval of the variety owner or developer.
N.D. Cent. Code § 4.1-61-06 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-06
4.1-61-06. Credit-sale contract indemnity fund - Reimbursement limit
Status: in_force

4.1-61-06. Credit-sale contract indemnity fund - Reimbursement limit

The amount payable to an eligible person from the credit-sale contract indemnity fund for

each insolvency may not exceed the lesser of eighty percent of the amount owed to that eligible

person in accordance with all of that person's unsatisfied credit-sale contracts or two hundred

eighty thousand dollars.
N.D. Cent. Code § 4.1-89-01 — ND Code / Title 4.1 / Chapter 4.1-89 / Section 4.1-89-01
4.1-89-01. Definitions
Status: in_force

4.1-89-01. Definitions

As used in this chapter, "swine" means domestic swine raised for breeding, feeding, or

slaughter.
N.D. Cent. Code § 4.1-72-08 — ND Code / Title 4.1 / Chapter 4.1-72 / Section 4.1-72-08
4.1-72-08. Biennial audit
Status: in_force

4.1-72-08. Biennial audit

At least once every two years, the North Dakota stockmen's association shall provide for an

audit by a certified public accountant or a licensed public accountant and shall submit an

electronic copy of the audit report to the legislative council.
N.D. Cent. Code § 41-12-05 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-05
41-12-05. (12-105) Control of controllable electronic record
Status: in_force

41-12-05. (12-105) Control of controllable electronic record

1. A person has control of a controllable electronic record if the electronic record, a

record attached to or logically associated with the electronic record, or a system in

which the electronic record is recorded:

a. Gives the person:

(1) Power to avail itself of substantially all the benefit from the electronic record;

and

(2) Exclusive power, subject to subsection 2, to:

(1) Prevent others from availing themselves of substantially all the benefit

from the electronic record; and

(2) Transfer control of the electronic record to another person or cause

another person to obtain control of another controllable electronic

record as a result of the transfer of the electronic record; and

b. Enables the person readily to identify itself in any way, including by name,

identifying number, cryptographic key, office, or account number, as having the

powers specified in subsection a.

2. Subject to subsection 3, a power is exclusive under paragraph 2 of subdivision a of

subsection 1 even if:

a. The controllable electronic record, a record attached to or logically associated

with the electronic record, or a system in which the electronic record is recorded

limits the use of the electronic record or has a protocol programmed to cause a

change, including a transfer or loss of control or a modification of benefits

afforded by the electronic record; or

b. The power is shared with another person.

3. A power of a person is not shared with another person under subdivision b of

subsection 2 and the person's power is not exclusive if:

a. The person can exercise the power only if the power also is exercised by the

other person; and

b. The other person:

(1) Can exercise the power without exercise of the power by the person; or

(2) Is the transferor to the person of an interest in the controllable electronic

record or a controllable account or controllable payment intangible

evidenced by the controllable electronic record.

4. If a person has the powers specified in paragraph 2 of subdivision a of subsection 1,

the powers are presumed to be exclusive.

5. A person has control of a controllable electronic record if another person, other than

the transferor to the person of an interest in the controllable electronic record or a

controllable account or controllable payment intangible evidenced by the controllable

electronic record:

a. Has control of the electronic record and acknowledges that it has control on

behalf of the person; or

b. Obtains control of the electronic record after having acknowledged that it will

obtain control of the electronic record on behalf of the person.

6. A person that has control under this section is not required to acknowledge that it has

control on behalf of another person.

7. If a person acknowledges that it has or will obtain control on behalf of another person,

unless the person otherwise agrees or law other than this chapter or chapter 41-09

otherwise provides, the person does not owe any duty to the other person and is not

required to confirm the acknowledgment to any other person.
N.D. Cent. Code § 4.1-53-29 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-29
4.1-53-29. Flower seed - Label - Content
Status: in_force

4.1-53-29. Flower seed - Label - Content

1. The label for flower seed must include:

a. (1) The kind and variety; or

(2) The information required by rule with respect to type and performance

characteristics;

b. (1) The month and year in which the seed was tested; or

(2) The year for which the seed was packaged; and

c. The full name and address of the labeler.

2. If the flower seed is packed in units of more than one pound [453.59 grams], the label

must also include the lot number or other lot identification, unless the flower seed is on

prepared mats, on tapes, or in preplanted containers.

3. If the flower seed is of a kind for which standard testing procedures are prescribed by

the association of official seed analysts, the label must also include:

a. The percentage of germination exclusive of hard seed; and

b. The percentage of hard seed, if present.

4. If the flower seed is of a kind for which standard testing procedures are prescribed by

the association of official seed analysts and if the seed does not meet the standard for

germination required by rule, the label must also include the percentage of germination

exclusive of hard seeds and the words "below standard" in at least eight-point type.
N.D. Cent. Code § 41-03-53 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-53
41-03-53. (3-416) Transfer warranties
Status: in_force

41-03-53. (3-416) Transfer warranties

1. A person who transfers an instrument for consideration warrants to the transferee and,

if the transfer is by endorsement, to any subsequent transferee that:

a. The warrantor is a person entitled to enforce the instrument.

b. All signatures on the instrument are authentic and authorized.

c. The instrument has not been altered.

d. The instrument is not subject to a defense or claim in recoupment (subsection 1

of section 41-03-31) of any party which can be asserted against the warrantor.

e. The warrantor has no knowledge of any insolvency proceeding commenced with

respect to the maker or acceptor or, in the case of an unaccepted draft, the

drawer.

f. If the instrument is a demand draft, creation of the instrument according to the

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

2. A person to whom the warranties under subsection 1 are made and who took the

instrument in good faith may recover from the warrantor as damages for breach of

warranty an amount equal to the loss suffered as a result of the breach, but not more

than the amount of the instrument plus expenses and loss of interest incurred as a

result of the breach.

3. The warranties stated in subsection 1 may not 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 is discharged to the extent

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

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

has reason to know of the breach.

5. If the warranty in subdivision f 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 § 4.1-04-08 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-08
4.1-04-08. Council - Powers
Status: in_force

4.1-04-08. Council - Powers

The council may:

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

2. Employ, bond, and compensate necessary personnel;

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

chapter;

4. Contract with any person for any purpose related to this chapter, including research,

education, publicity, promotion, and transportation;

5. Establish a grant program and guidelines to provide funding to corn-related programs

and organizations that benefit North Dakota corn producers, consistent with this

chapter;

6. Sue and be sued; and

7. Do all things necessary and proper to enforce and administer this chapter.
N.D. Cent. Code § 41-02.1-75 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-75
41-02.1-75. (2A-527) Lessor's rights to dispose of goods
Status: in_force

41-02.1-75. (2A-527) Lessor's rights to dispose of goods

1. After a default by a lessee under the lease contract described in subsection 1 of

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

lessor refuses to deliver or takes possession of goods (section 41-02.1-73 or

41-02.1-74), the lessor may dispose of the goods concerned or the undelivered

balance thereof by lease, sale, or otherwise.

2. Except as otherwise provided with respect to damages liquidated in the lease

agreement (section 41-02.1-52) or determined by agreement of the parties (sections

41-01-16 and 41-02.1-51), if the disposition is by lease agreement substantially similar

to the original lease agreement and the lease agreement is made in good faith and in

a commercially reasonable manner, the lessor may recover from the lessee as

damages accrued and unpaid rent as of the date of the commencement of the new

term of the new lease agreement, the present value, as of the same date, of the total

rent for the remaining lease term of the original lease agreement minus the present

value, as of the same date, of the rent under the new lease agreement applicable to

that period of the new lease term which is comparable to the then remaining term of

the original lease agreement, and any incidental damages allowed under section

41-02.1-78, less expenses saved in consequence of the lessee's default.

3. If the lessor's disposition is by lease agreement that for any reason does not qualify for

treatment under subsection 2, or is by sale or otherwise, the lessor may recover from

the lessee as if the lessor had elected not to dispose of the goods and section

41-02.1-76 governs.

4. A subsequent buyer or lessee who buys or leases from the lessor in good faith for

value as a result of a disposition under this section takes the goods free of the original

lease contract and any rights of the original lessee even though the lessor fails to

comply with one or more of the requirements of this chapter.

5. The lessor is not accountable to the lessee for any profit made on any disposition. A

lessee who has rightfully rejected or justifiably revoked acceptance shall account to

the lessor for any excess over the amount of the lessee's security interest

(subsection 5 of section 41-02.1-56).
N.D. Cent. Code § 4.1-01-05 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-05
4.1-01-05. Cooperation with federal agencies in destruction of predatory animals, destructive birds, and injurious field rodents
Status: in_force

4.1-01-05. Hunters and trappers employed under section 4.1-01-05 must be state residents

Hunters and trappers employed under section 4.1-01-05 are not entitled to bounty provided by

state laws for the killing or extermination of birds and animals under that section. All vouchers

for expenditures made by the commissioner under this section must be approved by the duly

authorized agent of the animal and plant health inspection service or other appropriate federal

agency.
N.D. Cent. Code § 4.1-75-08 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-08
4.1-75-08. Possession of estray - Immunity from liability
Status: in_force

4.1-75-08. Possession of estray - Immunity from liability

1. If an individual, without being negligent, takes possession of an estray and complies

with this chapter, that individual is not liable:

a. For any injury or damage caused by the estray while in the individual's

possession or in the event the estray escapes; or

b. For any economic loss incurred by:

(1) The owner of the estray, if later identified; or

(2) Any other person having a claim to the estray.

2. If an individual, without being negligent, attempts to take possession of an estray in

order to comply with this chapter, that individual is not liable:

a. For any injury or damage caused by the estray during the attempt to take

possession; or

b. For any economic loss incurred by:

(1) The owner of the estray, if later identified; or

(2) Any other person having a claim to the estray.
N.D. Cent. Code § 4.1-13-17 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-17
4.1-13-17. Submission of assessments
Status: in_force

4.1-13-17. Submission of assessments

No later than thirty days after the conclusion of each calendar quarter, each first purchaser

shall:

1. Complete and file with the commission a form prescribed by the commission; and

2. Forward to the commission all assessments collected by the first purchaser.
N.D. Cent. Code § 4.1-59-15 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-15
4.1-59-15. Discrimination by grain buyer prohibited
Status: in_force

4.1-59-15. Discrimination by grain buyer prohibited

1. A grain buyer may not discriminate:

a. In the buying, selling, receiving, and handling of grain or in the charges made or

the service rendered to owners of purchased grain;

b. In the receiving of grain offered for sale, but this chapter does not require a

processor to receive or purchase any lot or kinds of grain;

c. In regard to the persons offering grain for sale; or

d. Between points or stations except as the marketing factors or transportation costs

or grain quality premiums may warrant.

2. A grain buyer is not required to receive any grain that is heating or otherwise out of

condition.
N.D. Cent. Code § 41-03-05 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-05
41-03-05. (3-105) Issue of instrument
Status: in_force

41-03-05. (3-105) Issue of instrument

1. "Issue" means:

a. The first delivery of an instrument by the maker or drawer, whether to a holder or

nonholder, for the purpose of giving rights on the instrument to any person; or

b. If agreed by the payee, the first transmission by the drawer to the payee of an

image of an item and information derived from the item which enables the

depositary bank to collect the item by transferring or presenting under federal law

an electronic check.

2. An unissued instrument or an unissued incomplete instrument (section 41-03-15) that

is completed is binding on the maker or drawer, but nonissuance is a defense. An

instrument that is conditionally issued or is issued for a special purpose is binding on

the maker or drawer, but failure of the condition or special purpose to be fulfilled is a

defense.

3. "Issuer" applies to issued and unissued instruments and means any person that signs

an instrument as maker or drawer.
N.D. Cent. Code § 4.1-47-13 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-13
4.1-47-13. County weed control officer - Duties
Status: in_force

4.1-47-13. County weed control officer - Duties

The county weed control officer shall:

1. Cooperate with the board and be responsible for the operation and enforcement of this

chapter within the county;

2. Become acquainted with the location of noxious weeds within the county;

3. Meet the pesticide certification requirements set forth in chapter 4.1-33;

4. Encourage noxious weed control by all landowners and land occupants within the

county;

5. Investigate all signed complaints received by the officer regarding noxious weeds;

6. Post or publish in the official newspaper of the county any notices the commissioner

deems necessary to further noxious weed control under this chapter;

7. Prepare reports as requested by the commissioner; and

8. Attend meetings called by the commissioner to further noxious weed control under this

chapter.
N.D. Cent. Code § 4.1-06-04 — ND Code / Title 4.1 / Chapter 4.1-06 / Section 4.1-06-04
4.1-06-04. Election of council member
Status: in_force

4.1-06-04. Election of council member

1. Each year during the month of February the commissioner shall identify the districts

represented by council members whose terms are about to expire.

2. a. The commissioner shall forward to each producer residing in the district a letter

inviting the producer to place the producer's own name or the name of another

producer into nomination for election to the council.

b. The commissioner shall include a statement of eligibility to be completed by the

producer seeking election and a nomination petition to be signed by four other

producers.

3. For a name to be placed on the ballot, the statement of eligibility and the nomination

petition must be received by the council on the date specified by the commissioner

which may not be later than April tenth.

4. The commissioner shall prepare election ballots and mail the ballots to the producers

in the district together with a statement indicating:

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

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

ballots; and

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

and tabulated.

5. The date selected for the opening and tabulation of ballots must be at least five days

after the date by which ballots must be postmarked or filed with the council.

6. After the election, the council shall notify the governor that the election has taken place

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

member.

7. If, by April tenth or the date specified by the commissioner, the council does not

receive any nomination petitions from eligible producers in districts represented by

council members whose terms are about to expire, the council may appoint an eligible

producer from the district to serve on the council until the seat is filled by a write-in

candidate in accordance with subsection 4.
N.D. Cent. Code § 4.1-33-24 — ND Code / Title 4.1 / Chapter 4.1-33 / Section 4.1-33-24
4.1-33-24. Cooperation by the board with other entities
Status: in_force

4.1-33-24. Cooperation by the board with other entities

The board may cooperate, receive grants-in-aid, and enter cooperative agreements with

any agency of the federal government, of this state or its subdivisions, or with any agency of

another state, to:

1. Secure uniformity of regulations.

2. Enter cooperative agreements with and submit plans to the United States

environmental protection agency for approval to issue experimental use permits under

the authority of this chapter and the Federal Insecticide, Fungicide, and Rodenticide

Act [7 U.S.C. 136 et seq.].

3. Cooperate in the enforcement of the federal pesticide control laws and state laws

through the use of state or federal personnel and facilities and to implement

cooperative enforcement programs.

4. Enter contracts with other agencies, including federal agencies, for the purpose of

training pesticide applicators, managers, dealers, and pesticide consultants.

5. Gain assistance in implementation of this chapter.

6. Regulate certified applicators.

7. Comply with other purposes prescribed by rules of the commissioner.
N.D. Cent. Code § 4.1-45-19 — ND Code / Title 4.1 / Chapter 4.1-45 / Section 4.1-45-19
4.1-45-19. Law enforcement - Arrangements with local law enforcement agencies
Status: in_force

4.1-45-19. Law enforcement - Arrangements with local law enforcement agencies

The state fair association shall make arrangements with local law enforcement agencies for

the provision of law enforcement personnel. For the purpose of enforcing any state and local

laws, rules, regulations, bylaws, and ordinances of the state fair association, negotiations may

be entered with local law enforcement agencies for the use of law enforcement personnel or the

deputizing of employees of the state fair association. The cost of providing law enforcement

personnel is the responsibility of the state fair association, except in the case of law

enforcement officials who are functioning in their normal capacity as agents of the state or its

political subdivisions. Law enforcement personnel shall wear appropriate badges of office while

acting as such.