N.D. Cent. Code § 4.1-53-46 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-46
4.1-53-46. Seed conditioning facilities - Other facilities - Standards
Status: in_force

4.1-53-46. Seed conditioning facilities - Other facilities - Standards

The seed commissioner may establish standards for:

1. Seed conditioning facilities and any other facilities that handle seed eligible for

certification; and

2. Facilities that handle and market "breeders", "foundation", "registered", or "certified"

seed.
N.D. Cent. Code § 4.1-47-15 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-15
4.1-47-15. State appropriations for noxious weed control - Distribution - Determination
Status: in_force

4.1-47-15. State appropriations for noxious weed control - Distribution -

Determination.

1. The commissioner shall consult with the county and city weed boards and develop a

method for the distribution to county and city weed boards of all moneys appropriated

by the state for noxious weed control, other than the landowner assistance grants

provided for in section 4.1-47-16.

2. The method must:

a. Limit the amount that any county or city weed board is entitled to receive under

this section to seventy-five percent of the board's actual expenditures under this

section; and

b. Allow the commissioner to waive the limit provided for in this subsection if the

commissioner determines that a noxious weed is seriously endangering areas of

a county, a city, or the state.
N.D. Cent. Code § 41-07-30 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-30
41-07-30. (7-501) Form of negotiation and requirements of due negotiation
Status: in_force

41-07-30. (7-501) Form of negotiation and requirements of due negotiation

1. The following rules apply to a negotiable tangible document of title:

a. If the document's original terms run to the order of a named person, the

document is negotiated by the named person's indorsement and delivery. After

the named person's indorsement in blank or to bearer, any person may negotiate

the document by delivery alone.

b. If the document's original terms run to bearer, it is negotiated by delivery alone.

c. If the document's original terms run to the order of a named person and it is

delivered to the named person, the effect is the same as if the document had

been negotiated.

d. Negotiation of the document after it has been indorsed to a named person

requires indorsement by the named person and delivery.

e. A document is duly negotiated if it is negotiated in the manner stated in this

subsection to a holder that purchases it in good faith, without notice of any

defense against or claim to it on the part of any person, and for value, unless it is

established that the negotiation is not in the regular course of business or

financing or involves receiving the document in settlement or payment of a

monetary obligation.

2. The following rules apply to a negotiable electronic document of title:

a. If the document's original terms run to the order of a named person or to bearer,

the document is negotiated by delivery of the document to another person.

Indorsement by the named person is not required to negotiate the document.

b. If the document's original terms run to the order of a named person and the

named person has control of the document, the effect is the same as if the

document had been negotiated.

c. A document is duly negotiated if it is negotiated in the manner stated in this

subsection to a holder that purchases it in good faith, without notice of any

defense against or claim to it on the part of any person, and for value, unless it is

established that the negotiation is not in the regular course of business or

financing or involves taking delivery of the document in settlement or payment of

a monetary obligation.

3. Indorsement of a non-negotiable document of title neither makes it negotiable nor

adds to the transferee's rights.

4. The naming in a negotiable bill of lading of a person to be notified of the arrival of the

goods does not limit the negotiability of the bill or constitute notice to a purchaser of

the bill of any interest of that person in the goods.
N.D. Cent. Code § 4.1-83-07 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-07
4.1-83-07. Out-of-state applicant - Trustee
Status: in_force

4.1-83-07. Out-of-state applicant - Trustee

A bond posted by an out-of-state applicant for a livestock dealer's license may name as

trustee a financially responsible, disinterested person who is satisfactory to the commissioner.
N.D. Cent. Code § 4.1-26-04 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-04
4.1-26-04. Compensation
Status: in_force

4.1-26-04. Compensation

Each member of the board is entitled to receive compensation in the amount established by

the board, 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 board.
N.D. Cent. Code § 4.1-05-03 — ND Code / Title 4.1 / Chapter 4.1-05 / Section 4.1-05-03
4.1-05-03. Nonvoting members - Appointment
Status: in_force

4.1-05-03. Nonvoting members - Appointment

The commission may appoint up to four nonvoting members. The commission shall adopt

policies governing the appointments and qualifications of nonvoting members.
N.D. Cent. Code § 41-08-44 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-44
41-08-44. (8-504) Duty of securities intermediary to maintain financial asset
Status: in_force

41-08-44. (8-504) Duty of securities intermediary to maintain financial asset

1. A securities intermediary shall promptly obtain and thereafter maintain a financial asset

in a quantity corresponding to the aggregate of all security entitlements it has

established in favor of its entitlement holders with respect to that financial asset. The

securities intermediary may maintain those financial assets directly or through one or

more other securities intermediaries.

2. Except to the extent otherwise agreed by its entitlement holder, a securities

intermediary may not grant any security interests in a financial asset it is obligated to

maintain pursuant to subsection 1.

3. A securities intermediary satisfies the duty in subsection 1 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 obtain and maintain the

financial asset.

4. This section does not apply to a clearing corporation that is itself the obligor of an

option or similar obligation to which its entitlement holders have security entitlements.
N.D. Cent. Code § 4.1-09-04 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-04
4.1-09-04. North Dakota oilseed council - Membership - Term
Status: in_force

4.1-09-04. North Dakota oilseed council - Membership - Term

1. The council consists of:

a. One participating sunflower producer elected from each of the seven districts

established in section 4.1-09-02;

b. One participating canola producer elected from each of the three districts

established in section 4.1-09-03;

c. One participating safflower producer appointed by the governor;

d. One participating flax producer appointed by the governor;

e. (1) One participating producer of an oilseed other than sunflowers, canola,

safflowers, or flax, appointed by the governor; or

(2) One participating producer of any oilseed, appointed by the governor, if the

governor is unable to appoint a participating producer who meets the

requirements of paragraph 1; and

f. One individual appointed by the director of the agricultural experiment station.

2. Each member of the council who represents a district must be a resident of and

participating producer in that district.

3. a. The term of each member who represents a sunflower district is three years and

begins on April first following the member's election. The terms of members who

represent sunflower districts must be staggered so that:

(1) No more than three expire in any one year; and

(2) The term of the member who represents Bottineau, Burke, Divide, Renville,

McHenry, McLean, Mountrail, Ward, and Williams Counties is identical to

that of the member who represents Adams, Billings, Bowman, Dunn, Golden

Valley, Grant, Hettinger, McKenzie, Mercer, Morton, Oliver, Sioux, Slope,

and Stark Counties.

b. The term of each member who represents a canola district is three years and

begins on April first following the member's election. The terms of members who

represent canola districts must be staggered so that no more than one term

expires in any one year.

c. The term of each member who is appointed is three years and begins on April

first following the member's appointment. The terms of members who are

appointed must be staggered so that no more than two expire in any one year.

4. If at any time a member of the council ceases to possess any of the qualifications

required by this section, the member's office is deemed vacant.

a. If the office was held by an elected member, the remaining members of the

council shall appoint another qualified producer for the remainder of the term.

b. If the office was held by a gubernatorial appointee, the governor shall appoint

another qualified producer.

c. If the office was held by an appointee of the director of the agricultural experiment

station, the director shall appoint another qualified individual.

5. A member of the council may not serve more than four consecutive terms.

6. If an individual is appointed to complete a vacancy, that service is not counted as a

term for purposes of this section unless the duration of that service exceeds one year.
N.D. Cent. Code § 41-02-13 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-13
41-02-13. (2-206) Offer and acceptance in formation of contract
Status: in_force

41-02-13. (2-206) Offer and acceptance in formation of contract

1. Unless otherwise unambiguously indicated by the language or circumstances:

a. An offer to make a contract shall be construed as inviting acceptance in any

manner and by any medium reasonable in the circumstances.

b. An order or other offer to buy goods for prompt or current shipment shall be

construed as inviting acceptance either by a prompt promise to ship or by the

prompt or current shipment of conforming or nonconforming goods but such a

shipment of nonconforming goods does not constitute an acceptance if the seller

seasonably notifies the buyer that the shipment is offered only as an

accommodation to the buyer.

2. If the beginning of a requested performance is a reasonable mode of acceptance, an

offeror who is not notified of acceptance within a reasonable time may treat the offer

as having lapsed before acceptance.
N.D. Cent. Code § 41-03-61 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-61
41-03-61. (3-504) Excused presentment and notice of dishonor
Status: in_force

41-03-61. (3-504) Excused presentment and notice of dishonor

1. Presentment for payment or acceptance of an instrument is excused if the person

entitled to present the instrument cannot with reasonable diligence make presentment;

the maker or acceptor has repudiated an obligation to pay the instrument or is dead or

in insolvency proceedings; by the terms of the instrument presentment is not

necessary to enforce the obligation of endorsers or the drawer; the drawer or endorser

whose obligation is being enforced has waived presentment or otherwise has no

reason to expect or right to require that the instrument be paid or accepted; or the

drawer instructed the drawee not to pay or accept the draft or the drawee was not

obligated to the drawer to pay the draft.

2. Notice of dishonor is excused if by the terms of the instrument notice of dishonor is not

necessary to enforce the obligation of a party to pay the instrument or if the party

whose obligation is being enforced waived notice of dishonor. A waiver of presentment

is also a waiver of notice of dishonor.

3. Delay in giving notice of dishonor is excused if the delay was caused by circumstances

beyond the control of the person giving the notice and the person giving the notice

exercised reasonable diligence after the cause of the delay ceased to operate.
N.D. Cent. Code § 41-08-27 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-27
41-08-27. (8-301) Delivery
Status: in_force

41-08-27. (8-301) Delivery

1. Delivery of a certificated security to a purchaser occurs when:

a. The purchaser acquires possession of the security certificate;

b. Another person, other than a securities intermediary, either acquires possession

of the security certificate on behalf of the purchaser or, having previously

acquired possession of the certificate, acknowledges that it holds for the

purchaser; or

c. A securities intermediary acting on behalf of the purchaser acquires possession

of the security certificate, only if the certificate is in registered form and is:

(1) Registered in the name of the purchaser;

(2) Payable to the order of the purchaser; or

(3) Specially indorsed to the purchaser by an effective indorsement and has not

been indorsed to the securities intermediary or in blank.

2. Delivery of an uncertificated security to a purchaser occurs when:

a. The issuer registers the purchaser as the registered owner, upon original issue or

registration of transfer; or

b. Another person, other than a securities intermediary, either becomes the

registered owner of the uncertificated security on behalf of the purchaser or,

having previously become the registered owner, acknowledges that it holds for

the purchaser.
N.D. Cent. Code § 41-04-09 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-09
41-04-09. (4-109) Delays
Status: in_force

41-04-09. (4-109) Delays

1. Unless otherwise instructed, a collecting bank in a good-faith effort to secure payment

of a specific item drawn on a payor other than a bank, and with or without the approval

of any person involved, may waive, modify, or extend time limits imposed or permitted

by this chapter for a period not exceeding two additional banking days without

discharge of drawers or endorsers or liability to its transferor or a prior party.

2. Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by

this chapter or by instructions is excused if the delay is caused by interruption of

communication or computer facilities, suspension of payments by another bank, war,

emergency conditions, failure of equipment, or other circumstances beyond the control

of the bank, and if the bank exercises such diligence as the circumstances require.
N.D. Cent. Code § 4.1-61-12 — ND Code / Title 4.1 / Chapter 4.1-61 / Section 4.1-61-12
4.1-61-12. Cease and desist
Status: in_force

4.1-61-12. Cease and desist

If a person engages in an activity or practice contrary to this chapter or rules adopted by the

commissioner, the commissioner, upon the commissioner's own motion without complaint and

with or without a hearing, may order the person to cease and desist from the activity until further

order of the commissioner. The order may include any corrective action up to and including

license suspension. A cease and desist order must be accompanied by a notice of opportunity

to be heard on the order within fifteen days of the issuance of the order.
N.D. Cent. Code § 4.1-25-38 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-38
4.1-25-38. Exception for uses as directed by physicians
Status: in_force

4.1-25-38. Exception for uses as directed by physicians

This chapter does not prohibit the manufacture or sale of filled dairy products or imitation

milk and imitation milk products when those products are prominently labeled to show their

composition and the fact the products are sold customarily for use as directed by order of a

physician and are prepared and designed for medicinal or special dietary use.
N.D. Cent. Code § 4.1-27-16 — ND Code / Title 4.1 / Chapter 4.1-27 / Section 4.1-27-16
4.1-27-16. Treatment administered to livestock before removal from auction market - Fees for inspection and treatment
Status: in_force

4.1-27-16. Treatment administered to livestock before removal from auction market -

Fees for inspection and treatment.

An operator of a livestock auction market may not permit the removal of any livestock from

the establishment until the livestock has been treated in accordance with the rules adopted by

the state board of animal health. If livestock is destined to be shipped interstate, the authorized

veterinarian of the board shall furnish to each purchaser a certificate showing that inspection

has been made and treatment administered in accordance with the requirements of the state of

destination. All fees for veterinary inspection, treatment, and services, including brand

inspection, must be collected by the operator of the livestock auction market and paid to the

inspector.
N.D. Cent. Code § 41-09-25 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-25
41-09-25. (9-305) Law governing perfection and priority of security interests in investment property
Status: in_force

41-09-25. (9-305) Law governing perfection and priority of security interests in

investment property.

1. Except as otherwise provided in subsection 3, the following rules apply:

a. While a security certificate is located in a jurisdiction, the local law of that

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

priority of a security interest in the certificated security represented thereby.

b. The local law of the issuer's jurisdiction as specified in subsection 4 of section

41-08-10 governs perfection, the effect of perfection or nonperfection, and the

priority of a security interest in an uncertificated security.

c. The local law of the securities intermediary's jurisdiction as specified in

subsection 5 of section 41-08-10 governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in a security entitlement or

securities account.

d. The local law of the commodity intermediary's jurisdiction governs perfection, the

effect of perfection or nonperfection, and the priority of a security interest in a

commodity contract or commodity account.

e. Subdivisions b, c, and d apply even if the transaction does not bear any relation

to the jurisdiction.

2. The following rules determine a commodity intermediary's jurisdiction for purposes of

sections 41-09-21 through 41-09-62:

a. If an agreement between the commodity intermediary and commodity customer

governing the commodity account expressly provides that a particular jurisdiction

is the commodity intermediary's jurisdiction for purposes of sections 41-09-21

through 41-09-62, this chapter, or this title, that jurisdiction is the commodity

intermediary's jurisdiction.

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

intermediary and commodity customer governing the commodity account

expressly provides that the agreement is governed by the law of a particular

jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.

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

intermediary and commodity customer governing the commodity account

expressly provides that the commodity account is maintained at an office in a

particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.

d. If none of the preceding subdivisions applies, the commodity intermediary's

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

as the office serving the commodity customer's account is located.

e. If none of the preceding subdivisions applies, the commodity intermediary's

jurisdiction is the jurisdiction in which the chief executive office of the commodity

intermediary is located.

3. The local law of the jurisdiction in which the debtor is located governs:

a. Perfection of a security interest in investment property by filing;

b. Automatic perfection of a security interest in investment property created by a

broker or securities intermediary; and

c. Automatic perfection of a security interest in a commodity contract or commodity

account created by a commodity intermediary.
N.D. Cent. Code § 4.1-58-51 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-51
4.1-58-51. Power of commissioner to prosecute or compromise claims
Status: in_force

4.1-58-51. Power of commissioner to prosecute or compromise claims

The commissioner may:

1. Prosecute an action provided in this chapter in any court in this state or in any other

state.

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

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

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

claimants.

5. Upon payment of the amount of the compromise or of the full amount of an insurance

policy, bond, or conversion claim, exonerate the person so compromising or paying in

full from further liability growing out of the action.
N.D. Cent. Code § 41-09-86 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-86
41-09-86. (9-515) Duration and effectiveness of financing statement - Effect of lapsed financing statement
Status: in_force

41-09-86. (9-515) Duration and effectiveness of financing statement - Effect of lapsed

financing statement.

1. Except as otherwise provided in subsections 5, 6, and 7, a financing statement filed in

the personal property records or recorded in real property records is effective for a

period of five years after the date of filing.

2. Except as otherwise provided in subsections 5, 6, and 7, a financing statement

recorded as a fixture filing against real property is effective for a period of five years

after the date of recording.

3. The effectiveness of a filed financing statement lapses on the expiration of the period

of its effectiveness unless before the lapse a continuation statement is filed pursuant to

subsection 4. Upon lapse, a financing statement ceases to be effective and any

security interest or agricultural lien that was perfected by the financing statement

becomes unperfected, unless the security interest is perfected otherwise. If the

security interest or agricultural lien becomes unperfected upon lapse, it is deemed

never to have been perfected as against a purchaser of the collateral for value.

4. A continuation statement may be filed only within six months before the expiration of

the five-year period specified in subsection 1.

5. Except as otherwise provided in section 41-09-81, upon timely filing of a continuation

statement, the effectiveness of the initial financing statement continues for a period of

five years commencing on the day on which the financing statement would have

become ineffective in the absence of the filing. Upon the expiration of the five-year

period, the financing statement lapses in the same manner as provided in

subsection 3, unless, before the lapse, another continuation statement is filed pursuant

to subsection 4. Succeeding continuation statements may be filed in the same manner

to continue the effectiveness of the initial financing statement.

6. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the

financing statement is effective until a termination statement is filed.

7. A record of a mortgage that is effective as a financing statement filed as a fixture filing

under subsection 3 of section 41-09-73 remains effective as a financing statement filed

as a fixture filing until the mortgage is released or satisfied of record or its

effectiveness otherwise terminates as to the real property.
N.D. Cent. Code § 4.1-25-21 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-21
4.1-25-21. Attorney general to represent department and may employ assistants - Department need not pay court costs
Status: in_force

4.1-25-21. Attorney general to represent department and may employ assistants -

Department need not pay court costs.

The attorney general shall represent the department in any action or proceeding brought

under section 4.1-25-14, and may employ outside legal assistance when necessary. The

attorney general may deduct the expense of retaining outside legal assistance from the trust

fund. The department 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

section 4.1-25-14 when the fee, cost, or disbursement accrues to the state or to a county of the

state.
N.D. Cent. Code § 41-08-24 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-24
41-08-24. (8-208) Effect of signature of authenticating trustee, registrar, or transfer agent
Status: in_force

41-08-24. (8-208) Effect of signature of authenticating trustee, registrar, or transfer

agent.

1. A person signing a security certificate as authenticating trustee, registrar, transfer

agent, or the like, warrants to a purchaser for value of the certificated security, if the

purchaser is without notice of a particular defect, that:

a. The certificate is genuine;

b. The person's own participation in the issue of the security is within the person's

capacity and within the scope of the authority received by the person from the

issuer; and

c. The person has reasonable grounds to believe that the certificated security is in

the form and within the amount the issuer is authorized to issue.

2. Unless otherwise agreed, a person signing under subsection 1 does not assume

responsibility for the validity of the security in other respects.
N.D. Cent. Code § 4.1-53-50 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-50
4.1-53-50. Identity-preserved seed and crops - Verification and certification services
Status: in_force

4.1-53-50. Identity-preserved seed and crops - Verification and certification services

The seed commissioner may establish programs and procedures to provide producers with

customized verification and certification services pertaining to identity-preserved seed and

crops.
N.D. Cent. Code § 4.1-34-15 — ND Code / Title 4.1 / Chapter 4.1-34 / Section 4.1-34-15
4.1-34-15. Minimum-risk pesticide - Certificate of exemption
Status: in_force

4.1-34-15. Minimum-risk pesticide - Certificate of exemption

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

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

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

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

obtained a certificate of exemption from the commissioner.

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

application with the commissioner. The application must include:

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

b. The name and brand name of the product;

c. A current label for the product; and

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

a pesticide.

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

treasurer for deposit in the environment and rangeland protection fund.

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

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

following year.
N.D. Cent. Code § 41-03-18 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-18
41-03-18. (3-118) Statute of limitations
Status: in_force

41-03-18. (3-118) Statute of limitations

1. Except as provided in subsection 5, an action to enforce the obligation of a party to

pay a note payable at a definite time must be commenced within six years after the

due date or dates stated in the note or, if a due date is accelerated, within six years

after the accelerated due date.

2. Except as provided in subsection 4 or 5, if demand for payment is made to the maker

of a note payable on demand, an action to enforce the obligation of a party to pay the

note must be commenced within six years after the demand. If no demand for payment

is made to the maker, an action to enforce the note is barred if neither principal nor

interest on the note has been paid for a continuous period of ten years.

3. Except as provided in subsection 4, an action to enforce the obligation of a party to an

unaccepted draft to pay the draft must be commenced within three years after

dishonor of the draft or ten years after the date of the draft, whichever period expires

first.

4. An action to enforce the obligation of the acceptor of a certified check or the issuer of a

teller's check, cashier's check, or traveler's check must be commenced within three

years after demand for payment is made to the acceptor or issuer, as the case may

be.

5. An action to enforce the obligation of a party to a certificate of deposit to pay the

instrument must be commenced within six years after demand for payment is made to

the maker, but if the instrument states a due date and the maker is not required to pay

before that date, the six-year period begins when a demand for payment is in effect

and the due date has passed.

6. This subsection applies to an action to enforce the obligation of a party to pay an

accepted draft, other than a certified check. If the obligation of the acceptor is payable

at a definite time, the action must be commenced within six years after the due date or

dates stated in the draft or acceptance. If the obligation of the acceptor is payable on

demand, the action must be commenced within six years after the date of the

acceptance.

7. Unless governed by other law regarding claims for indemnity or contribution, an action

for conversion of an instrument, for money had and received, or like action based on

conversion, for breach of warranty, or to enforce an obligation, duty, or right arising

under this chapter and not governed by this section must be commenced within three

years after the cause of action accrues.
N.D. Cent. Code § 4.1-32-06 — ND Code / Title 4.1 / Chapter 4.1-32 / Section 4.1-32-06
4.1-32-06. Operator of vehicle for rendering plant to have certificate
Status: in_force

4.1-32-06. Operator of vehicle for rendering plant to have certificate

Any person operating a vehicle for an establishment licensed under this chapter must have

an authorized certificate from the establishment which has been approved by the agriculture

commissioner.
N.D. Cent. Code § 41-04.1-02 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-02
41-04.1-02. (4A-102) Subject matter
Status: in_force

41-04.1-02. (4A-102) Subject matter

Except as otherwise provided in section 41-04.1-08, this chapter applies to funds transfers

defined in section 41-04.1-04.
N.D. Cent. Code § 41-04.1-06 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-06
41-04.1-06. (4A-106) Time payment order is received
Status: in_force

41-04.1-06. (4A-106) Time payment order is received

1. The time of receipt of a payment order or communication canceling or amending a

payment order is determined by the rules applicable to receipt of a notice stated under

section 41-01-10. A receiving bank may fix a cutoff time or times on a funds-transfer

business day for the receipt and processing of payment orders and communications

canceling or amending payment orders. Different cutoff times may apply to payment

orders, cancellations, or amendments, or to different categories of payment orders,

cancellations, or amendments. A cutoff time may apply to senders generally or

different cutoff times may apply to different senders or categories of payment orders. If

a payment order or communication canceling or amending a payment order is

received after the close of a funds-transfer business day or after the appropriate cutoff

time on a funds-transfer business day, the receiving bank may treat the payment order

or communication as received at the opening of the next funds-transfer business day.

2. If this chapter refers to an execution date or payment date or states a day on which a

receiving bank is required to take action, and the date or day does not fall on a

funds-transfer business day, the next day that is a funds-transfer business day is

treated as the date or day stated, unless the contrary is stated in this chapter.
N.D. Cent. Code § 41-02-101 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-101
41-02-101. (2-722) Who can sue third parties for injury to goods
Status: in_force

41-02-101. (2-722) Who can sue third parties for injury to goods

When a third party so deals with goods which have been identified to a contract for sale as

to cause actionable injury to a party to that contract:

1. A claim for relief against the third party is in either party to the contract for sale who

has title to or a security interest or a special property or an insurable interest in the

goods and, if the goods have been destroyed or converted, a claim for relief is also in

the party who either bore the risk of loss under the contract for sale or has since the

injury assumed that risk as against the other.

2. If, at the time of the injury, the party plaintiff did not bear the risk of loss as against the

other party to the contract for sale and there is no arrangement between them for

disposition of the recovery, the party plaintiff's suit or settlement is, subject to the party

plaintiff's own interest, as a fiduciary for the other party to the contract.

3. Either party may with the consent of the other sue for the benefit of whom it may

concern.
N.D. Cent. Code § 4.1-83-17 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-17
4.1-83-17. Order to cease and desist - Hearing
Status: in_force

4.1-83-17. Order to cease and desist - Hearing

The agriculture commissioner may issue an order to cease and desist if the commissioner

has reason to believe that a person has committed or is about to commit a violation of this

chapter. If the agriculture commissioner issues a cease and desist order, the commissioner shall

hold a hearing within thirty days of the issuance and within sixty days of the issuance, revoke

the order or make it permanent.
N.D. Cent. Code § 41-03-34 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-34
41-03-34. (3-308) Proof of signatures and status as holder in due course
Status: in_force

41-03-34. (3-308) Proof of signatures and status as holder in due course

1. In an action with respect to an instrument, the authenticity of and authority to make

each signature on the instrument is admitted unless specifically denied in the

pleadings. If the validity of a signature is denied in the pleadings, the burden of

establishing validity is on the person claiming validity, but the signature is presumed to

be authentic and authorized unless the action is to enforce the liability of the purported

signer and the signer is dead or incompetent at the time of trial of the issue of validity

of the signature. If an action to enforce the instrument is brought against a person as

the undisclosed principal of a person who signed the instrument as a party to the

instrument, the plaintiff has the burden of establishing that the defendant is liable on

the instrument as a represented person pursuant to subsection 1 of section 41-03-39.

2. If the validity of signatures is admitted or proved and there is compliance with

subsection 1, a plaintiff producing the instrument is entitled to payment if the plaintiff

proves entitlement to enforce the instrument under section 41-03-27, unless the

defendant proves a defense or claim in recoupment. If a defense or claim in

recoupment is proved, the right to payment of the plaintiff is subject to the defense or

claim except to the extent the plaintiff proves that the plaintiff has rights of a holder in

due course which are not subject to the defense or claim.
N.D. Cent. Code § 41-07-41 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-41
41-07-41. (7-603) Conflicting claims - Interpleader
Status: in_force

41-07-41. (7-603) Conflicting claims - Interpleader

If more than one person claims title to or possession of the goods, the bailee is excused

from delivery until the bailee has a reasonable time to ascertain the validity of the adverse

claims or to commence an action for interpleader. The bailee may assert an interpleader either

in defending an action for nondelivery of the goods or by original action.
N.D. Cent. Code § 4.1-25-06 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-06
4.1-25-06. Surety bond, trustee agreement, or other security or assurances
Status: in_force

4.1-25-06. Surety bond, trustee agreement, or other security or assurances

If it appears the financial condition of any applicant or licensee who purchases milk from a

dairy producer is not adequate to reasonably assure payment to dairy producers when due for

the milk to be purchased, or in lieu of annually filing with the department an audited financial

statement as required in section 4.1-25-05, the department shall require from an applicant or

licensee security or other assurances in one of the following forms:

1. The filing of a surety bond acceptable to the department. The amount of the surety

bond must be determined on the basis of average purchases of milk from dairy

producers during the previous year. If payment for milk purchased from dairy

producers is made on a weekly basis, the amount of the surety bond must be at least

in an amount equal to the average weekly purchases of milk. If payment for milk

purchased from dairy producers is made on a semimonthly basis, the amount of the

surety bond must be at least in an amount equal to the average semimonthly

purchases of milk. If the period of payment for milk purchased from dairy producers is

made on a basis involving periods of time greater than semimonthly, the amount of the

surety bond must be at least in an amount equal to the average purchases of milk for

that greater period of time. The amount of the bond for each period of payment must

also include an amount equal to at least the average purchases for three days

following the close of the period of payment. The amount of the surety bond of any

licensee who pays assignments to creditors of a producer of milk at a lesser frequency

than the licensee pays the producer must also include an amount equal to the value of

assignments from the prior payment period. The commissioner must be named as

obligee, but the bond or draft must be held for the purpose of protecting, and for the

benefit of, any dairy producer, and the full and complete payment to that dairy

producer for all milk purchased by the licensee. The aggregate liability of the bonding

company or the department to all dairy producers may not exceed the amount of the

bond.

2. Providing an amount of protection for dairy producers equal to the amount of

protection provided in subsection 1. The security must be held by the department

solely for the protection of dairy producers, in one or more of the following forms:

a. Cash deposited with a bank or trust company and held under an escrow

agreement with the department;

b. Bonds of the United States deposited with the department;

c. Stocks, bonds, or other marketable securities at current market values, which

have regularly reported quotations, deposited with the department; or

d. A certified bank draft, certified check, irrevocable letter of credit, or certificate of

deposit held in favor of the department.

3. The filing of an agreement providing complete control over all manufactured or

processed milk and dairy products by a trustee to be selected at least annually by the

dairy producers. The trustee shall file a trustee's bond and contracts signed by the

owner or operator and the purchaser of the dairy products requiring that payment for

all dairy products sold be made to the trustee. The trustee shall maintain a separate

bank account for that purpose and at least annually shall render a true and correct

account of trustee dealings to the department and to the dairy producers.
N.D. Cent. Code § 4.1-25-46 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-46
4.1-25-46. Fees and penalties collected to be placed in general fund
Status: in_force

4.1-25-46. Fees and penalties collected to be placed in general fund

All fees and penalties collected under this chapter must be deposited with the state

treasurer and credited to the general fund.
N.D. Cent. Code § 4.1-16-16 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-16
4.1-16-16. Service of process
Status: in_force

4.1-16-16. Service of process

If neither the beekeeper nor the beekeeper's registered agent can be located for the

purpose of serving process, in connection with a violation of this chapter or rules adopted to

implement this chapter, the agriculture commissioner becomes the statutory agent for service of

process and any service upon the commissioner is deemed to be complete.
N.D. Cent. Code § 4.1-11-16 — ND Code / Title 4.1 / Chapter 4.1-11 / Section 4.1-11-16
4.1-11-16. Penalty
Status: in_force

4.1-11-16. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-09-89 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-89
41-09-89. (9-518) Claim concerning inaccurate or wrongfully filed record
Status: in_force

41-09-89. (9-518) Claim concerning inaccurate or wrongfully filed record

1. A person may file in the filing office an information statement with respect to a record

indexed there under the person's name if the person believes that the record is

inaccurate or was wrongfully filed.

2. An information statement under subsection 1 must:

a. Identify the record to which it relates by the file number assigned to the initial

financing statement to which the record relates;

b. Indicate that it is an information statement; and

c. Provide the basis for the person's belief that the record is inaccurate and indicate

the manner in which the person believes the record should be amended to cure

any inaccuracy or provide the basis for the person's belief that the record was

wrongfully filed.

3. A person may file in the filing office an information statement with respect to a record

filed there if the person is a secured party of record with respect to the financing

statement to which the record relates and believes that the person that filed the record

was not entitled to do so under subsection 4 of section 41-09-80.

4. An information statement under subsection 3 must:

a. Identify the record to which the information statement relates by the file number

assigned to the initial financing statement to which the record relates;

b. Indicate that it is an information statement; and

c. Provide the basis for the person's belief that the person that filed the record was

not entitled to do so under subsection 4 of section 41-09-80.

5. The filing of an information statement does not affect the effectiveness of an initial

financing statement or other filed record.
N.D. Cent. Code § 4.1-47-18 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-18
4.1-47-18. City weed board members - Terms - Compensation
Status: in_force

4.1-47-18. City weed board members - Terms - Compensation

1. If the governing body of a city elects to establish a noxious weed control program, as

authorized by section 4.1-47-17, the governing body shall appoint a weed board

consisting of three, five, or seven members.

2. The term of office for a board member is four years or until a successor is appointed

and qualified. The terms must be staggered so that no more than two expire each

year.

3. Any qualified elector residing within the city is eligible to serve on the board.

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

following the member's appointment.

5. The governing body of the city shall remove a member of the city 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 city weed board, the governing body of the

city, at its next regular meeting, shall appoint an individual who possesses the

necessary qualifications to fill the unexpired term.

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

members.

7. The city weed board shall appoint a secretary and a treasurer. The secretary and

treasurer need not be members of the board.

8. The governing body of the city shall establish the rate of compensation for city weed

board members.
N.D. Cent. Code § 4.1-26-20 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-20
4.1-26-20. Licenses - Additional requirements
Status: in_force

4.1-26-20. Licenses - Additional requirements

1. Before a processor may be licensed by the milk marketing board, as required by this

chapter, the processor shall obtain a license from the agriculture commissioner, in

accordance with chapter 4.1-25.

2. Before a distributor may be licensed by the board, as required by this chapter, the

distributor shall obtain a license from the agriculture commissioner, in accordance with

3. Before a dairy farmer may be licensed by the board, as required by this chapter, the

dairy farmer shall provide proof of inspection by the agriculture commissioner or the

department of health and human services, as provided for in accordance with section

23-01-16.

4. A person who is a dairy farmer-processor shall obtain both a dairy farmer's license and

a processor's license.
N.D. Cent. Code § 4.1-16-07 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-07
4.1-16-07. Colony assessment
Status: in_force

4.1-16-07. Colony assessment

In addition to the license fee required by section 4.1-16-06, an applicant for a license must

submit a colony assessment in an amount equal to fifteen cents multiplied by the maximum

number of colonies listed in the application. All fees collected must be deposited in the

agriculture commissioner operating fund.
N.D. Cent. Code § 41-02-24 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-24
41-02-24. (2-307) Delivery in single lot or several lots
Status: in_force

41-02-24. (2-307) Delivery in single lot or several lots

Unless otherwise agreed, all goods called for by a contract for sale must be tendered in a

single delivery and payment is due only on such tender, but if the circumstances give either

party the right to make or demand delivery in lots the price if it can be apportioned may be

demanded for each lot.
N.D. Cent. Code § 41-09-123 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-123
41-09-123. (9-628) Nonliability and limitation on liability of secured party - Liability of secondary obligor
Status: in_force

41-09-123. (9-628) Nonliability and limitation on liability of secured party - Liability of

secondary obligor.

1. Subject to subsection 5, unless a secured party knows that a person is a debtor or

obligor, knows the identity of the person, and knows how to communicate with the

person:

a. The secured party is not liable to the person, or to a secured party or lienholder

that has filed a financing statement against the person, for failure to comply with

this chapter; and

b. The secured party's failure to comply with this chapter does not affect the liability

of the person for a deficiency.

2. Subject to subsection 5, a secured party is not liable because of its status as secured

party:

a. To a person that is a debtor or obligor, unless the secured party knows:

(1) That the person is a debtor or obligor;

(2) The identity of the person; and

(3) How to communicate with the person; or

b. To a secured party or lienholder that has filed a financing statement against a

person, unless the secured party knows:

(1) That the person is a debtor; and

(2) The identity of the person.

3. A secured party is not liable to any person, and a person's liability for a deficiency is

not affected, because of any act or omission arising out of the secured party's

reasonable belief that a transaction is not a consumer-goods transaction or a

consumer transaction or that goods are not consumer goods, if the secured party's

belief is based on its reasonable reliance on:

a. A debtor's representation concerning the purpose for which collateral was to be

used, acquired, or held; or

b. An obligor's representation concerning the purpose for which a secured obligation

was incurred.

4. A secured party is not liable under subdivision b of subsection 3 of section 41-09-120

more than once with respect to any one secured obligation.

5. Subsections 1 and 2 do not apply to limit the liability of a secured party to a person if,

at the time the secured party obtains control of collateral that is a controllable account,

controllable electronic record, or controllable payment intangible or at the time the

security interest attaches to the collateral, whichever is later:

a. The person is a debtor or obligor; and

b. The secured party knows that the information in subdivision a of subsection 2

relating to the person is not provided by the collateral, a record attached to or

logically associated with the collateral, or the system in which the collateral is

recorded.
N.D. Cent. Code § 4.1-26-02 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-02
4.1-26-02. Milk marketing board - Membership
Status: in_force

4.1-26-02. Milk marketing board - Membership

1. The milk marketing board consists of:

a. A dairy farmer appointed by the governor from a list of two names submitted by

the milk producers association of North Dakota;

b. A processor appointed by the governor from a list of two names submitted by the

North Dakota dairy industries association;

c. A retailer appointed by the governor from a list of two names submitted by the

North Dakota grocers association; and

d. Two consumer representatives appointed by the governor, provided that neither

consumer representative may have a financial interest in a dairy farm nor in an

entity that processes, distributes, or sells milk products.

2. An individual is not qualified to serve on the board if the individual held any other

public office, in an elected or an appointed capacity, during the two-year period

preceding appointment to the board.

3. A member of the board may not hold any other public office, in an elected or an

appointed capacity, during the member's term of office.

4. In considering individuals for appointment to the board, the governor shall ensure that

a geographic balance is maintained.
N.D. Cent. Code § 4.1-41-08 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-08
4.1-41-08. Inspection fee
Status: in_force

4.1-41-08. Inspection fee

1. An inspection fee at the rate of twenty cents per ton [907.18 kilograms] is required for

all commercial feed distributed in this state. The minimum fee payable under this

section is ten dollars.

2. Subsection 1 does not apply if:

a. The fee was paid earlier in the year by another person;

b. The commercial feed is to be used in the manufacturing of a registered

commercial feed;

c. The feed is a customer-formula feed and the fee has been paid on the

commercial feeds used as ingredients; or

d. The manufacturer produces only customer-formula feed.
N.D. Cent. Code § 4.1-25-52 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-52
4.1-25-52. Enforcement
Status: in_force

4.1-25-52. Enforcement

The commissioner shall administer and supervise the enforcement of this chapter, provide

for periodic inspections and investigations deemed necessary to ensure compliance with this

chapter or the rules under this chapter, receive and provide for the investigation of complaints;

and provide for the institution and prosecution of civil or criminal actions or both. This chapter

and the rules under this chapter may be enforced by injunction in any court having jurisdiction to

grant injunctive relief. Filled dairy products, imitation milk, or imitation milk products, illegally

held or otherwise in violation of this chapter may be seized and disposed under an appropriate

court order.
N.D. Cent. Code § 41-02-70 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-70
41-02-70. (2-607) Effect of acceptance - Notice of breach - Burden of establishing breach after acceptance - Notice of claim or litigation to person answerable over
Status: in_force

41-02-70. (2-607) Effect of acceptance - Notice of breach - Burden of establishing

breach after acceptance - Notice of claim or litigation to person answerable over.

1. The buyer must pay at the contract rate for any goods accepted.

2. Acceptance of goods by the buyer precludes rejection of the goods accepted and, if

made with knowledge of a nonconformity, cannot be revoked because of it unless the

acceptance was on the reasonable assumption that the nonconformity would be

seasonably cured but acceptance does not of itself impair any other remedy provided

by this chapter for nonconformity.

3. If a tender has been accepted:

a. The buyer must within a reasonable time after the buyer discovers or should have

discovered any breach notify the seller of breach or be barred from any remedy.

b. If the claim is one for infringement or the like (subsection 3 of section 41-02-29)

and the buyer is sued as a result of such a breach, the buyer must so notify the

seller within a reasonable time after the buyer receives notice of the litigation or

be barred from any remedy over for liability established by the litigation.

4. The burden is on the buyer to establish any breach with respect to the goods

accepted.

5. If the buyer is sued for breach of a warranty or other obligation for which the buyer's

seller is answerable over:

a. The buyer may give the buyer's seller written notice of the litigation. If the notice

states that the seller may come in and defend and that if the seller does not do so

the seller will be bound in any action against the seller by the seller's buyer by

any determination of fact common to the two litigations, then unless the seller

after seasonable receipt of the notice does come in and defend the seller is so

bound.

b. If the claim is one for infringement or the like (subsection 3 of section 41-02-29)

the original seller may demand in writing that the original seller's buyer turn over

to the original seller control of the litigation including settlement or else be barred

from any remedy over and if the original seller also agrees to bear all expense

and to satisfy any adverse judgment, then unless the buyer after seasonable

receipt of the demand does turn over control the buyer is so barred.

6. The provisions of subsections 3, 4, and 5 apply to any obligation of a buyer to hold the

seller harmless against infringement or the like (subsection 3 of section 41-02-29).
N.D. Cent. Code § 41-04-40 — ND Code / Title 41 / Chapter 41-04 / Section 41-04-40
41-04-40. (4-502) Presentment of on arrival drafts
Status: in_force

41-04-40. (4-502) Presentment of on arrival drafts

When a draft or the relevant instructions require presentment "on arrival", "when goods

arrive", or the like, the collecting bank need not present until in its judgment a reasonable time

for arrival of the goods has expired. Refusal to pay or accept because the goods have not

arrived is not dishonor. The bank must notify its transferor of the refusal but need not present

the draft again until it is instructed to do so or learns of the arrival of the goods.
N.D. Cent. Code § 4.1-09-16 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-16
4.1-09-16. Assessment
Status: in_force

4.1-09-16. Assessment

1. An assessment at the rate of four cents per hundredweight [45.36 kilograms] is

imposed upon all sunflowers and canola grown in this state or sold to a first purchaser.

2. An assessment at the rate of three cents per bushel [35.24 liters] is imposed upon all

flax grown in this state or sold to a first purchaser.

3. An assessment at the rate of three cents per hundredweight [45.36 kilograms] is

imposed upon all other oilseeds grown in this state or sold to a first purchaser.
N.D. Cent. Code § 41-09-63 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-63
41-09-63. (9-401) Alienability of debtor's rights
Status: in_force

41-09-63. (9-401) Alienability of debtor's rights

1. Except as otherwise provided in subsection 2 and sections 41-09-68 through

41-09-71, whether a debtor's rights in collateral may be voluntarily or involuntarily

transferred is governed by law other than this chapter.

2. An agreement between the debtor and secured party which prohibits a transfer of the

debtor's rights in collateral or makes the transfer a default does not prevent the

transfer from taking effect.
N.D. Cent. Code § 4.1-13-25 — ND Code / Title 4.1 / Chapter 4.1-13 / Section 4.1-13-25
4.1-13-25. Legal counsel - Provision by attorney general
Status: in_force

4.1-13-25. Legal counsel - Provision by attorney general

The attorney general shall provide legal counsel to the commission or designate an

assistant for that purpose.
N.D. Cent. Code § 4.1-03-01 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-01
4.1-03-01. Definitions
Status: in_force

4.1-03-01. Definitions

As used in this chapter:

1. "Beef producer" means any person that has an ownership interest in cattle.

2. "Cattle" means live domesticated bovine animals.

3. "Cattle feeder" means a person in the business of feeding cattle for the purpose of

adding weight to the cattle prior to slaughter.

4. "Commission" means the North Dakota beef commission.

5. "Dairy producer" means any person in the business of producing and selling milk from

cows.

6. "Livestock auction market" means a public market or private buying station in which

livestock is offered for sale or sold.

7. "Livestock dealer" means a person that purchases cattle and is required to be licensed

under chapter 36-04.

8. "Participating producer" means a producer that has not obtained a refund of any

assessment paid on the sale of cattle under this chapter for the preceding three years.
N.D. Cent. Code § 4.1-58-18 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-18
4.1-58-18. Warehouse receipt - Contents and provisions
Status: in_force

4.1-58-18. Warehouse receipt - Contents and provisions

A warehouseman shall provide a warehouse receipt that must:

1. Be issued only upon the actual delivery of grain to the warehouse for storage.

2. Contain the following provisions:

a. The place and date the grain was received;

b. The name and address of the owner of the grain;

c. The kind and grade of the grain according to the official standards established by

the secretary of agriculture of the United States, except that receipts issued for

dry edible beans must reference, in lieu of a grade designation, the number of the

scale tickets containing a description of the beans, including the percentage of

foreign material, splits, check seed coats, total pick, and moisture; and

d. The gross weight, dockage, and net weight of the grain according to this state's

standard weight.

3. Be numbered consecutively, and no two receipts bearing the same number and series

may be issued during the same year.

4. Not be altered by any warehouseman by the insertion in the receipt of any language

limiting or modifying its liability as imposed by the law.

5. Contain, either on its face or reverse side, the warehouse and storage contract

provided for in section 4.1-58-19.

6. Have printed upon the receipt the following words: "All storage contracts on grain in

store at public grain warehouses terminate on _________, as identified in the

publication required by section 4.1-58-19. If storage charges and warehouseman's

advances remain unpaid at the time of termination, the warehouseman may sell a

sufficient amount of grain to pay the charges and advances. The receiptholder shall

surrender the receipt to the issuing warehouseman for settlement."
N.D. Cent. Code § 4.1-22-09 — ND Code / Title 4.1 / Chapter 4.1-22 / Section 4.1-22-09
4.1-22-09. Reciprocal agreements
Status: in_force

4.1-22-09. Reciprocal agreements

The commissioner may enter reciprocal agreements with officers of other states for the

recognition of official licenses and inspection certificates.
N.D. Cent. Code § 4.1-59-34 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-34
4.1-59-34. Violations of chapter - Criminal penalty - Civil penalty
Status: in_force

4.1-59-34. Violations of chapter - Criminal penalty - Civil penalty

1. A person violating a provision of this chapter or a rule adopted pursuant to this chapter,

if punishment is not specifically provided for, is:

a. Guilty of an infraction; and

b. Subject to a civil penalty in an amount not to exceed five thousand dollars for

each violation.

2. The civil penalty may be adjudicated by a court or by the agriculture commissioner

through an administrative hearing.
N.D. Cent. Code § 41-02.1-33 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-33
41-02.1-33. (2A-303) Alienability of party's interest under lease contract or of lessor's residual interest in goods - Delegation of performance - Transfer of rights
Status: in_force

41-02.1-33. (2A-303) Alienability of party's interest under lease contract or of lessor's

residual interest in goods - Delegation of performance - Transfer of rights.

1. Except as provided in subsection 3 and section 41-09-69, a provision in a lease

agreement that prohibits the voluntary or involuntary transfer, including a transfer by

sale, sublease, creation or enforcement of a security interest, or attachment, levy, or

other judicial process, of an interest of a party under the lease contract or of the

lessor's residual interest in the goods, or that makes such a transfer an event of

default, is enforceable as provided in subsection 3, but a transfer that is prohibited or

is an event of default under the lease agreement is otherwise effective. "Creation of a

security interest" as used in this section includes the sale of a lease contract that is

subject to chapter 41-09.

2. A transfer of a right to damages for default with respect to the whole lease contract or

a transfer of a right to payment arising out of the transferor's due performance of the

transferor's entire obligation, which includes the creation of a security interest in the

right to future payment under a lease contract that is granted by a lessor who has no

remaining performance under the lease contract, may not be prohibited or made an

event of default and is not a transfer that materially impairs the prospect of obtaining

return performance by, materially changes the duty of, or materially increases the

burden or risk imposed on the other party to the lease contract within subsection 3.

3. Subject to subsection 2 and section 41-09-69, if a transfer is made that is prohibited or

is an event of default under a lease agreement, or if a transfer is made that materially

impairs the prospect of obtaining return performance by, materially changes the duty

of, or materially increases the burden or risk imposed on the other party to the lease

contract, unless the party prejudiced by the transfer agrees at any time to the transfer

in the lease contract or otherwise, then that party has, if the transfer is made an event

of default, the rights and remedies provided under subsection 2 of section 41-02.1-48.

In all other cases, except as limited by contract, the transferor is liable to the

prejudiced party for damages caused by the transfer to the extent the damages could

not reasonably be prevented by the prejudiced party. A court having jurisdiction may

grant other appropriate relief, including cancellation of the lease contract or an

injunction against the transfer.

4. A transfer of "the lease" or of "all my rights under the lease" or a transfer in similar

general terms is a transfer of rights, and unless the language or the circumstances, as

in a transfer for security, indicate the contrary, the transfer is a delegation of duties by

the transferor to the transferee and acceptance by the transferee constitutes a promise

by the transferee to perform those duties. This promise is enforceable by either the

transferor or the other party to the lease contract.

5. Unless otherwise agreed by the lessor and the lessee, no delegation of performance

relieves the transferor as against the other party of any duty to perform or any liability

for default.

6. To prohibit the transfer of an interest of a party under a consumer lease contract or to

make a transfer an event of default, the language must be specific, by a writing, and

conspicuous.
N.D. Cent. Code § 41-02.1-23 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-23
41-02.1-23. (2A-214) Exclusion or modification of warranties
Status: in_force

41-02.1-23. (2A-214) Exclusion or modification of warranties

1. Words or conduct relevant to the creation of an express warranty and words or

conduct tending to negate or limit a warranty must be construed wherever reasonable

as consistent with each other but, subject to the provisions of section 41-02.1-11 on

parol or extrinsic evidence, negation or limitation is inoperative to the extent that the

construction is unreasonable.

2. Subject to subsection 3, to exclude or modify the implied warranty of merchantability or

any part of it the language must mention "merchantability", be by a writing, and be

conspicuous. Subject to subsection 3, to exclude or modify any implied warranty of

fitness the exclusion must be by a writing and be conspicuous. Language to exclude

all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states,

for example, "There is no warranty that the goods will be fit for a particular purpose".

3. Notwithstanding subsection 2, but subject to subsection 4:

a. Unless the circumstances indicate otherwise, all implied warranties are excluded

by expressions like "as is", or "with all faults", or by other language that in

common understanding calls the lessee's attention to the exclusion of warranties

and makes plain that there is no implied warranty, if in writing and conspicuous;

b. If the lessee before entering into the lease contract has examined the goods or

the sample or model as fully as desired or has refused to examine the goods,

there is no implied warranty with regard to defects that an examination ought in

the circumstances to have revealed; and

c. An implied warranty may also be excluded or modified by course of dealing,

course of performance, or usage of trade.

4. To exclude or modify a warranty against interference or against infringement (section

41-02.1-20) or any part of it, the language must be specific, be by a writing, and be

conspicuous, unless the circumstances, including course of performance, course of

dealing, or usage of trade, give the lessee reason to know that the goods are being

leased subject to a claim or interest of any person.
N.D. Cent. Code § 41-02-58 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-58
41-02-58. (2-510) Effect of breach on risk of loss
Status: in_force

41-02-58. (2-510) Effect of breach on risk of loss

1. If a tender or delivery of goods so fails to conform to the contract as to give a right of

rejection, the risk of their loss remains on the seller until cure or acceptance.

2. If the buyer rightfully revokes acceptance, the buyer may to the extent of any

deficiency in the buyer's effective insurance coverage treat the risk of loss as having

rested on the seller from the beginning.

3. If the buyer as to conforming goods already identified to the contract for sale

repudiates or is otherwise in breach before risk of their loss has passed to the buyer,

the seller may to the extent of any deficiency in the seller's effective insurance

coverage treat the risk of loss as resting on the buyer for a commercially reasonable

time.
N.D. Cent. Code § 4.1-14-01 — ND Code / Title 4.1 / Chapter 4.1-14 / Section 4.1-14-01
4.1-14-01. Certification of forage - Compliance with other standards
Status: in_force

4.1-14-01. Certification of forage - Compliance with other standards

1. To obtain certification that weeds prohibited according to the standards of the North

American invasive species management association are not cut when producing

viable seeds and included in baled forage, the owner of the forage shall request that

the agriculture commissioner conduct a certification inspection.

2. Upon receiving the request, the agriculture commissioner shall:

a. Inspect the forage acreage within ten days before harvest to verify that weeds

prohibited according to the standards of the North American invasive species

management association are not present and producing viable seeds; and

b. (1) Ascertain that the scheduled harvest has occurred;

(2) Determine the number of bales for which certification tags or

department-approved twine, or both, must be issued; and

(3) Verify that the baled forage is stored or will be stored only in an area where

weeds prohibited according to the standards of the North American invasive

species management association are not present and producing viable

seeds.

3. If the agriculture commissioner determines that the conditions of subsection 2 have

been met, the commissioner shall issue and affix or cause to be affixed on each bale

of forage one dated certification tag or shall authorize the use of department-approved

twine to bale the forage.
N.D. Cent. Code § 4.1-83-11 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-11
4.1-83-11. Change of circumstance - Notification of agriculture commissioner
Status: in_force

4.1-83-11. Change of circumstance - Notification of agriculture commissioner

A livestock dealer shall notify the agriculture commissioner of:

1. Any legal change to the name in which the livestock dealer's license is issued;

2. Any change to the legal status of the livestock dealer; and

3. Any change in the nature and scope of the livestock dealer's business, if that change

would warrant an increase in the amount of the bond posted by the dealer in

accordance with this chapter.
N.D. Cent. Code § 4.1-12-12 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-12
4.1-12-12. Penalty
Status: in_force

4.1-12-12. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 41-07-36 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-36
41-07-36. (7-507) Warranties on negotiation or delivery of document of title
Status: in_force

41-07-36. (7-507) Warranties on negotiation or delivery of document of title

If a person negotiates or delivers a document of title for value, otherwise than as a mere

intermediary under section 41-07-37, unless otherwise agreed, the transferor, in addition to any

warranty made in selling or leasing the goods, warrants to its immediate purchaser only that:

1. The document is genuine;

2. The transferor does not have knowledge of any fact that would impair the document's

validity or worth; and

3. The negotiation or delivery is rightful and fully effective with respect to the title to the

document and the goods it represents.
N.D. Cent. Code § 41-02-87 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-87
41-02-87. (2-708) Seller's damages for nonacceptance or repudiation
Status: in_force

41-02-87. (2-708) Seller's damages for nonacceptance or repudiation

1. Subject to subsection 2 and to the provisions of this chapter with respect to proof of

market price (section 41-02-102), the measure of damages for nonacceptance or

repudiation by the buyer is the difference between the market price at the time and

place for tender and the unpaid contract price together with any incidental damages

provided in this chapter (section 41-02-89), but less expenses saved in consequence

of the buyer's breach.

2. If the measure of damages provided in subsection 1 is inadequate to put the seller in

as good a position as performance would have done, then the measure of damages is

the profit (including reasonable overhead) which the seller would have made from full

performance by the buyer, together with any incidental damages provided in this

chapter (section 41-02-89), due allowance for costs reasonably incurred and due

credit for payments or proceeds of resale.
N.D. Cent. Code § 4.1-58-42 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-42
4.1-58-42. Agricultural contracts - Mediation or arbitration
Status: in_force

4.1-58-42. Agricultural contracts - Mediation or arbitration

If a written contract for the sale of grain does not contain provisions to settle disagreements

concerning factors not governed by section 4.1-58-04, the parties shall attempt to resolve the

disagreements through mediation or arbitration.
N.D. Cent. Code § 4.1-10-14 — ND Code / Title 4.1 / Chapter 4.1-10 / Section 4.1-10-14
4.1-10-14. Expenditures
Status: in_force

4.1-10-14. Expenditures

The council shall approve all expenditures made pursuant to this chapter and shall submit

an itemized voucher to the office of management and budget for payment.
N.D. Cent. Code § 4.1-53-37 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-37
4.1-53-37. Tolerances
Status: in_force

4.1-53-37. Tolerances

1. To determine correctness and accuracy in labeling seed as required by this chapter,

the seed commissioner shall:

a. Apply the tolerances established by the Federal Seed Act of August 9, 1939

[53 Stat. 1275; 7 U.S.C. 1551 et seq.], as amended through August 6, 2020; or

b. Establish stricter tolerances by rule.

2. Notwithstanding subsection 1, the tolerance for yellow starthistle is zero.
N.D. Cent. Code § 41-02-79 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-79
41-02-79. (2-616) Procedure on notice claiming excuse
Status: in_force

41-02-79. (2-616) Procedure on notice claiming excuse

1. If the buyer receives notification of a material or indefinite delay or an allocation

justified under section 41-02-78 the buyer may by written notification to the seller as to

any delivery concerned, and if the prospective deficiency substantially impairs the

value of the whole contract under the provisions of this chapter relating to breach of

installment contracts (section 41-02-75), then also as to the whole:

a. Terminate and thereby discharge any unexecuted portion of the contract; or

b. Modify the contract by agreeing to take the buyer's available quota in substitution.

2. If after receipt of such notification from the seller the buyer fails so to modify the

contract within a reasonable time not exceeding thirty days, the contract lapses with

respect to any deliveries affected.

3. The provisions of this section may not be negated by agreement except insofar as the

seller has assumed a greater obligation under section 41-02-78.
N.D. Cent. Code § 4.1-55-10 — ND Code / Title 4.1 / Chapter 4.1-55 / Section 4.1-55-10
4.1-55-10. Potatoes shipped into state - Labeling requirement - Exception
Status: in_force

4.1-55-10. Potatoes shipped into state - Labeling requirement - Exception

If seed potatoes are shipped into this state, the person receiving the potatoes shall ensure

that the potatoes are labeled:

1. In the same manner as required for potatoes grown in this state; or

2. In accordance with the requirements of the state, territory, or country of origin, if

permitted by the seed commissioner.
N.D. Cent. Code § 4.1-25-39 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-39
4.1-25-39. Sale of foods not imitation milk, imitation milk products, or filled dairy products
Status: in_force

4.1-25-39. Sale of foods not imitation milk, imitation milk products, or filled dairy

products.

This chapter does not prohibit the manufacture or sale of proprietary foods that are clearly

not imitation milk, imitation milk products, or filled dairy products; which do not contain imitation

milk, imitation milk product, or filled dairy product; and which are not conducive to substitution,

confusion, deception, and fraud upon the purchasers of milk, milk products, or filled dairy

products by their manufacture or sale.
N.D. Cent. Code § 41-10-03 — ND Code / Title 41 / Chapter 41-10 / Section 41-10-03
41-10-03. Civil penalty
Status: in_force

41-10-03. Civil penalty

1. A person shall not knowingly cause to be presented for filing in a filing office or

promote the filing of a financing statement record in a filing office that the person

knows:

a. Not to be authorized under section 41-09-80 or 41-09-130 by the natural person

whose name was provided as an individual debtor in the financing statement

record; and

b. Was filed or presented for filing with the intent that:

(1) The financing statement record be used to harass or hinder the natural

person whose name was provided as an individual debtor in the financing

statement record without that person's authorization; or

(2) The financing statement record be used to defraud any person.

2. A person who violates subsection 1 is liable to each such debtor for:

a. The greater of ten thousand dollars or the actual damages caused by the

violation;

b. Court costs;

c. Reasonable attorney's fees;

d. Related expenses of bringing the action, including investigative expenses; and

e. Exemplary damages in the amount determined by the court.
N.D. Cent. Code § 4.1-12-03 — ND Code / Title 4.1 / Chapter 4.1-12 / Section 4.1-12-03
4.1-12-03. Assessment - Collection - Remittance by processor
Status: in_force

4.1-12-03. Assessment - Collection - Remittance by processor

The processor shall collect the assessment required by this chapter at the time the turkeys

are delivered to a processing plant, by deducting the amount required under section 4.1-12-02

from the price paid to the producer.
N.D. Cent. Code § 41-09-112 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-112
41-09-112. (9-617) Rights of transferee of collateral
Status: in_force

41-09-112. (9-617) Rights of transferee of collateral

1. A secured party's disposition of collateral after default:

a. Transfers to a transferee for value all of the debtor's rights in the collateral;

b. Discharges the security interest under which the disposition is made; and

c. Discharges any subordinate security interest or other subordinate lien.

2. A transferee that acts in good faith takes free of the rights and interests described in

subsection 1, even if the secured party fails to comply with this chapter or the

requirements of any judicial proceeding.

3. If a transferee does not take free of the rights and interests described in subsection 1,

the transferee takes the collateral subject to:

a. The debtor's rights in the collateral;

b. The security interest or agricultural lien under which the disposition is made; and

c. Any other security interest or other lien.
N.D. Cent. Code § 4.1-18.1-15 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-15
4.1-18.1-15. Civil penalties
Status: in_force

4.1-18.1-15. Civil penalties

The court may assess for the benefit of the state a civil penalty of not more than five

thousand dollars for each violation of this chapter. The penalty provided in this section is in

addition to those remedies otherwise provided by this chapter. The penalty must be awarded to

the commissioner and deposited into the commissioner's general operating fund for use in

regulating compliance with this chapter.
N.D. Cent. Code § 4.1-58-26 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-26
4.1-58-26. Reports to be made by public warehouseman - Confidential information - Penalty for failure
Status: in_force

4.1-58-26. Reports to be made by public warehouseman - Confidential information -

Penalty for failure.

1. Each licensed and bonded public warehouseman shall:

a. Prepare for each month a report giving facts and information called for on the

form of report prepared by the commissioner. The report must contain or be

verified by a written declaration the report is made under the penalties of perjury.

The report may be called for more frequently if the commissioner deems

necessary. Information pertaining to the volume of grain handled is a confidential

trade secret and is not a public record. The commissioner may make the

information available for use by other governmental entities, but the

commissioner may not release the information in a manner that jeopardizes the

confidentiality of individual licensees.

b. File the report with the commissioner not later than the last day of the following

month, and failure to file this report promptly is cause for revoking the warehouse

license after due notice and hearing.

c. Keep a separate account of the grain business, if the warehouseman is engaged

in handling or selling any other commodity, and under no circumstances may the

grain account and other accounts be mixed.

d. Submit additional information requested by the commissioner pursuant to a report

or an inspection within five business days.

2. The commissioner may refuse to renew a license to any public warehouseman that

fails to make a required report.
N.D. Cent. Code § 41-02.1-22 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-22
41-02.1-22. (2A-213) Implied warranty of fitness for particular purpose
Status: in_force

41-02.1-22. (2A-213) Implied warranty of fitness for particular purpose

Except in a finance lease, if the lessor at the time the lease contract is made has reason to

know of any particular purpose for which the goods are required and that the lessee is relying

on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract

an implied warranty that the goods will be fit for that purpose.
N.D. Cent. Code § 4.1-23-12 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-12
4.1-23-12. Authority for domestic and export certification
Status: in_force

4.1-23-12. Authority for domestic and export certification

The commissioner may inspect and certify any plant and plant product, when offered for

export or shipment from within the state and to certify, to shippers and interested parties as to

the freedom of the products from injurious pests according to the phytosanitary requirements of

other states and foreign countries. Authority for inspection and certification under this section is

not limited to plants defined in section 4.1-23-01. The commissioner may make reasonable

charges and use any means necessary to accomplish this objective. A portion of the fees

collected may be deposited in the commissioner's operating fund equivalent to the amount that

the United States department of agriculture assesses the department for federal plant export

certificates issued by the commissioner. A certificate may be withheld or not issued if the

product does not meet phytosanitary or import requirements and if all state licensing and

bonding requirements have not been met. Consignee names and addresses on phytosanitary

certificates are confidential.
N.D. Cent. Code § 4.1-41-10 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-10
4.1-41-10. Inspection fee - Records
Status: in_force

4.1-41-10. Inspection fee - Records

1. The person responsible for payment of the inspection fee shall maintain, for a period of

three years, records of all transactions necessary to verify the statement of tonnage

required by section 4.1-41-09.

2. The person shall make the records required by this section available to the

commissioner for examination upon request.

3. If the commissioner determines the records required by this section were not

maintained accurately, the commissioner may cancel all licenses on file for the

distributor.
N.D. Cent. Code § 4.1-37-10 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-10
4.1-37-10. Use of fees - Safety promotion - Administration - Inspections
Status: in_force

4.1-37-10. Use of fees - Safety promotion - Administration - Inspections

All fees collected under this chapter must be used by the agriculture commissioner to

promote safety in anhydrous ammonia use and storage, administer the program, and inspect

facilities.
N.D. Cent. Code § 4.1-31-07 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-07
4.1-31-07. Official marks and certificates - Required authorization
Status: in_force

4.1-31-07. Official marks and certificates - Required authorization

A person may not:

1. Cast, print, or otherwise make a device containing an official mark, simulation of an

official mark, label bearing a mark or simulation, or form of official certificate or

simulation, without authorization from the commissioner;

2. Forge an official device, mark, or certificate;

3. Use a real or simulated official device, mark, or certificate, or alter, detach, deface, or

destroy an official device, mark, or certificate, without authorization from the

commissioner;

4. Fail to use an official device, mark, or certificate if appropriate;

5. Knowingly possess, without promptly notifying the commissioner, a counterfeit,

simulated, forged, or improperly altered official certificate, device, or label, or a carcass

bearing a counterfeit, simulated, forged, or improperly altered official mark;

6. Knowingly make a false statement in a certificate; or

7. Knowingly represent falsely that an article has been inspected and passed, or

exempted, under this chapter.
N.D. Cent. Code § 4.1-41-17 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-17
4.1-41-17. Cooperation with other entities
Status: in_force

4.1-41-17. Cooperation with other entities

The commissioner may cooperate with and enter into agreements with governmental

agencies of this state, other states, the federal government, and private associations to carry

out this chapter.
N.D. Cent. Code § 4.1-01-09 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-09
4.1-01-09. Certified beef program
Status: in_force

4.1-01-09. Certified beef program

The commissioner may collaborate with the state board of animal health, the North Dakota

stockmen's association, North Dakota state university beef systems, and the United States

secretary of agriculture to develop a source-verified and process-verified beef marketing

program known as the certified beef program.
N.D. Cent. Code § 4.1-28-02 — ND Code / Title 4.1 / Chapter 4.1-28 / Section 4.1-28-02
4.1-28-02. Video livestock auction market and internet auction - Authority to transact business
Status: in_force

4.1-28-02. Video livestock auction market and internet auction - Authority to transact

business.

A video livestock auction market or internet livestock auction market may not transact

business in this state unless the market transacts business through a representative.
N.D. Cent. Code § 41-02.1-67 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-67
41-02.1-67. (2A-519) Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods
Status: in_force

41-02.1-67. (2A-519) Lessee's damages for nondelivery, repudiation, default, and

breach of warranty in regard to accepted goods.

1. 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 a lessee elects not to cover or a lessee elects to cover

and the cover is by lease agreement that for any reason does not qualify for treatment

under subsection 2 of section 41-02.1-66, or is by purchase or otherwise, the measure

of damages for nondelivery or repudiation by the lessor or for rejection or revocation of

acceptance by the lessee is the present value, as of the date of the default, of the then

market rent minus the present value as of the same date of the original rent, computed

for the remaining lease term of the original lease agreement together with incidental

and consequential damages, less expenses saved in consequence of the lessor's

default.

2. Market rent is to be determined as of the place for tender or, in cases of rejection after

arrival or revocation of acceptance, as of the place of arrival.

3. If the lessee has accepted goods and given notification (subsection 3 of section

41-02.1-64), the measure of damages for nonconforming tender or delivery or other

default by a lessor is the loss resulting in the ordinary course of events from the

lessor's default as determined in any manner that is reasonable together with

incidental and consequential damages, less expenses saved in consequence of the

lessor's default.

4. The measure of damages for breach of warranty is the present value at the time and

place of acceptance of the difference between the value of the use of the goods

accepted and the value if they had been as warranted for the lease term, unless

special circumstances show proximate damages of a different amount, together with

incidental and consequential damages, less expenses saved in consequence of the

lessor's default or breach of warranty.
N.D. Cent. Code § 4.1-03-18 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-18
4.1-03-18. Open records exceptions
Status: in_force

4.1-03-18. Open records exceptions

1. The following are not public records subject to section 44-04-18 and section 6 of article

XI of the Constitution of North Dakota:

a. Records furnished to the commission pursuant to section 4.1-03-14;

b. Records furnished to the commission pursuant to section 4.1-03-15; and

c. The identity of a person that applied for a refund under section 4.1-03-17 and the

amount of the refund requested.

2. This section does not preclude the commission from:

a. Issuing general statements based upon the reports of persons subject to this

chapter; or

b. Publishing the name of any person found guilty of violating this chapter and

describing the offense committed.
N.D. Cent. Code § 41-11-06 — ND Code / Title 41 / Chapter 41-11 / Section 41-11-06
41-11-06. (A-303) Security interest unperfected before effective date
Status: in_force

41-11-06. (A-303) Security interest unperfected before effective date

A security interest that is enforceable immediately before August 1, 2023, but is unperfected

at that time:

1. Remains an enforceable security interest until the adjustment date;

2. Remains enforceable thereafter if the security interest becomes enforceable under

section 41-09-13, as amended by this Act, on August 1, 2023, or before the adjustment

date; and

3. Becomes perfected:

a. Without further action, on August 1, 2023, if the requirements for perfection under

this Act are satisfied before or at that time; or

b. When the requirements for perfection are satisfied if the requirements are

satisfied after that time.
N.D. Cent. Code § 41-09-49 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-49
41-09-49. (9-329) Priority of security interests in letter-of-credit right
Status: in_force

41-09-49. (9-329) Priority of security interests in letter-of-credit right

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

letter-of-credit right:

1. A security interest held by a secured party having control of the letter-of-credit right

under section 41-09-07 has priority to the extent of its control over a conflicting

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

2. Security interests perfected by control under section 41-09-34 rank according to

priority in time of obtaining control.
N.D. Cent. Code § 4.1-09-13 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-13
4.1-09-13. Council - Powers
Status: in_force

4.1-09-13. Council - Powers

1. The council may:

a. Expend moneys collected pursuant to this chapter for administration;

b. Employ, bond, and compensate necessary personnel;

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

this chapter;

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

e. Sue and be sued; and

f. Do all things necessary and proper to enforce and administer this chapter.

2. The council may not engage in a commercial business enterprise.
N.D. Cent. Code § 4.1-20-47 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-47
4.1-20-47. Supervisors of consolidated district - Terms of office - Powers and duties
Status: in_force

4.1-20-47. Supervisors of consolidated district - Terms of office - Powers and duties

The members of the board of supervisors of a newly consolidated district are the

supervisors from each of the districts that have been consolidated whose existing terms of office

would last expire if the new consolidated district were not established. Those members shall

determine by lot the order in which their terms of office in the consolidated district will expire. If

more than three districts are consolidated, the members of the board of supervisors of the

consolidated district must be determined by lot among the supervisors from the districts whose

existing terms would expire last. If only two districts are consolidated, the third member of the

board of supervisors of the consolidated district must be determined by lot among the remaining

supervisors from both such districts. The supervisors thus selected shall hold office until the

next general election of the district and until their successors are elected and qualified.

Supervisors of a consolidated district have all the powers and duties of supervisors of a soil

conservation district as enumerated in this chapter. The name of a consolidated district must be

determined by the new supervisors of the consolidated district.
N.D. Cent. Code § 41-09-118 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-118
41-09-118. (9-623) Right to redeem collateral
Status: in_force

41-09-118. (9-623) Right to redeem collateral

1. A debtor, any secondary obligor, or any other secured party or lienholder may redeem

collateral.

2. To redeem collateral, a person shall tender:

a. Fulfillment of all obligations secured by the collateral; and

b. The reasonable expenses and attorney's fees described in subdivision a of

subsection 1 of section 41-09-111.

3. A redemption may occur at any time before a secured party:

a. Has collected collateral under section 41-09-104;

b. Has disposed of collateral or entered into a contract for its disposition under

section 41-09-107; or

c. Has accepted collateral in full or partial satisfaction of the obligation it secures

under section 41-09-117.
N.D. Cent. Code § 41-09-100 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-100
41-09-100. (9-603) Agreement on standards concerning rights and duties
Status: in_force

41-09-100. (9-603) Agreement on standards concerning rights and duties

1. The parties may determine by agreement the standards measuring the fulfillment of

the rights of a debtor or obligor and the duties of a secured party under a rule stated in

section 41-09-99 if the standards are not manifestly unreasonable.

2. Subsection 1 does not apply to the duty under section 41-09-106 to refrain from

breaching the peace.
N.D. Cent. Code § 41-09-106 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-106
41-09-106. (9-609) Secured party's right to take possession after default
Status: in_force

41-09-106. (9-609) Secured party's right to take possession after default

1. After default, a secured party:

a. May take possession of the collateral; and

b. Without removal, may render equipment unusable and dispose of collateral on a

debtor's premises under section 41-09-107.

2. A secured party may proceed under subsection 1:

a. Pursuant to judicial process; or

b. Without judicial process, if it proceeds without breach of the peace.

3. If so agreed, and in any event after default, a secured party may require the debtor to

assemble the collateral and make it available to the secured party at a place to be

designated by the secured party which is reasonably convenient to both parties.
N.D. Cent. Code § 4.1-01-08.1 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-08.1
4.1-01-08.1. International business and trade office - Advisory board - Continuing appropriation
Status: in_force

4.1-01-08.1. International business and trade office - Advisory board - Continuing

appropriation.

1. The commissioner shall administer the international business and trade office. The

purpose of the office is to assist North Dakota businesses to expand exports to

international markets by:

a. Advocating for exporters;

b. Offering export educational opportunities to North Dakota businesses;

c. Researching and raising awareness of export opportunities, issues, and

challenges impacting North Dakota businesses;

d. Assisting North Dakota businesses in identifying, developing, and cultivating

international markets for products; and

e. Organizing and carrying out trade missions that seek to facilitate contact and

communication between North Dakota businesses and international markets.

2. The commissioner may designate a nonprofit corporation incorporated in this state

which has the primary purpose of assisting North Dakota exporters or contract with a

third party for the provision of services for the international business and trade office. If

the commissioner designates a nonprofit corporation or contracts with a third party

under this subsection, all data and databases collected and created by the third party

in performing services for the office are the property of the department and the third

party.

3. The commissioner may seek and accept any gift, grant, or donation of funds, property,

services, or other assistance from public or private sources for the purpose of

furthering the objectives of the international business and trade office. Any funds

accepted under this subsection are appropriated to the commissioner on a continuing

basis.

4. The commissioner may establish an international business and trade office advisory

board with whom the commissioner may consult in administering the international

business and trade office. Each member of the advisory board is entitled to receive per

diem compensation at a rate established by the director not exceeding sixty-two

dollars and fifty cents and reimbursement of expenses as provided by law for state

officers, while attending meetings or performing duties directly related to board

membership, except that per diem compensation under this section may not be paid to

any member who receives compensation or salary as a regular state employee or

official.
N.D. Cent. Code § 41-02-31 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-31
41-02-31. (2-314) Implied warranty - Merchantability - Usage of trade
Status: in_force

41-02-31. (2-314) Implied warranty - Merchantability - Usage of trade

1. Unless excluded or modified (section 41-02-33), a warranty that the goods shall be

merchantable is implied in a contract for their sale if the seller is a merchant with

respect to goods of that kind. Under this section, the serving for value of food or drink

to be consumed either on the premises or elsewhere is a sale.

2. Goods to be merchantable must be at least such as:

a. Pass without objection in the trade under the contract description;

b. In the case of fungible goods, are of fair average quality within the description;

c. Are fit for the ordinary purposes for which such goods are used;

d. Run, within the variations permitted by the agreement, of even kind, quality and

quantity within each unit and among all units involved;

e. Are adequately contained, packaged, and labeled as the agreement may require;

and

f. Conform to the promises or affirmations of fact made on the container or label if

any.

3. Unless excluded or modified (section 41-02-33), other implied warranties may arise

from course of dealing or usage of trade.
N.D. Cent. Code § 4.1-25-27 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-27
4.1-25-27. Sampling of milk
Status: in_force

4.1-25-27. Sampling of milk

Every purchaser of milk from a dairy producer shall collect a minimum sample of two

ounces [59.15 milliliters] from each bulk tank of milk received from a producer. Samples must be

collected and maintained in accordance with those procedures contained in the Standard

Methods. Records must be kept, which readily identify the sample, with those items used to

determine payment for the milk. Those items must include weight, butterfat content, protein,

solids-not-fat, and the total amount of money paid for the milk.
N.D. Cent. Code § 41-05-08 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-08
41-05-08. (5-108) Issuer's rights and obligations
Status: in_force

41-05-08. (5-108) Issuer's rights and obligations

1. Except as otherwise provided in section 41-05-09, an issuer shall honor a presentation

that, as determined by the standard practice referred to in subsection 5, appears on its

face strictly to comply with the terms and conditions of the letter of credit. Except as

otherwise provided in section 41-05-13 and unless otherwise agreed with the

applicant, an issuer shall dishonor a presentation that does not appear so to comply.

2. An issuer has a reasonable time after presentation, but not beyond the end of the

seventh business day of the issuer after the day of its receipt of documents:

a. To honor;

b. If the letter of credit provides for honor to be completed more than seven

business days after presentation, to accept a draft or incur a deferred obligation;

or

c. To give notice to the presenter of discrepancies in the presentation.

3. Except as otherwise provided in subsection 4, an issuer is precluded from asserting as

a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy

not stated in the notice if timely notice is given.

4. Failure to give the notice specified in subsection 2 or to mention fraud, forgery, or

expiration in the notice does not preclude the issuer from asserting as a basis for

dishonor fraud or forgery as described in subsection 1 of section 41-05-09 or

expiration of the letter of credit before presentation.

5. An issuer shall observe the standard practice of financial institutions that regularly

issue letters of credit. Determination of the issuer's observance of the standard

practice is a matter of interpretation for the court. The court shall offer the parties a

reasonable opportunity to present evidence of the standard practice.

6. An issuer is not responsible for:

a. The performance or nonperformance of the underlying contract, arrangement, or

transaction;

b. An act or omission of others; or

c. Observance or knowledge of the usage of a particular trade other than the

standard practice referred to in subsection 5.

7. If an undertaking constituting a letter of credit under subdivision j of subsection 1 of

section 41-05-02 contains nondocumentary conditions, an issuer shall disregard the

nondocumentary conditions and treat them as if they were not stated.

8. An issuer that has dishonored a presentation shall return the documents or hold them

at the disposal of, and send advice to that effect to, the presenter.

9. An issuer that has honored a presentation as permitted or required by this chapter:

a. Is entitled to be reimbursed by the applicant in immediately available funds not

later than the date of its payment of funds;

b. Takes the documents free of claims of the beneficiary or presenter;

c. Is precluded from asserting a right of recourse on a draft under sections 41-03-51

and 41-03-52;

d. Except as otherwise provided in sections 41-05-10 and 41-05-17, is precluded

from restitution of money paid or other value given by mistake to the extent the

mistake concerns discrepancies in the documents or tender which are apparent

on the face of the presentation; and

e. Is discharged to the extent of its performance under the letter of credit unless the

issuer honored a presentation in which a required signature of a beneficiary was

forged.
N.D. Cent. Code § 41-09-50 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-50
41-09-50. (9-330) Priority of purchaser of chattel paper or instrument
Status: in_force

41-09-50. (9-330) Priority of purchaser of chattel paper or instrument

1. A purchaser of chattel paper has priority over a security interest in the chattel paper

which is claimed merely as proceeds of inventory subject to a security interest if:

a. In good faith and in the ordinary course of the purchaser's business, the

purchaser gives new value, takes possession of each authoritative tangible copy

of the record evidencing the chattel paper, and obtains control under section

41-09-05 of each authoritative electronic copy of the record evidencing the chattel

paper; and

b. The authoritative copies of the record evidencing the chattel paper do not indicate

that the chattel paper has been assigned to an identified assignee other than the

purchaser.

2. A purchaser of chattel paper has priority over a security interest in the chattel paper

which is claimed other than merely as proceeds of inventory subject to a security

interest if the purchaser gives new value, takes possession of each authoritative

tangible copy of the record evidencing the chattel paper, and obtains control under

section 41-09-05 of each authoritative electronic copy of the record evidencing the

chattel paper in good faith, in the ordinary course of the purchaser's business, and

without knowledge that the purchase violates the rights of the secured party.

3. Except as otherwise provided in section 41-09-47, a purchaser having priority in

chattel paper under subsection 1 or 2 also has priority in proceeds of the chattel paper

to the extent that:

a. Section 41-09-42 provides for priority in the proceeds; or

b. The proceeds consist of the specific goods covered by the chattel paper or cash

proceeds of the specific goods, even if the purchaser's security interest in the

proceeds is unperfected.

4. Except as otherwise provided in subsection 1 of section 41-09-51, a purchaser of an

instrument has priority over a security interest in the instrument perfected by a method

other than possession if the purchaser gives value and takes possession of the

instrument in good faith and without knowledge that the purchase violates the rights of

the secured party.

5. For purposes of subsections 1 and 2, the holder of a purchase-money security interest

in inventory gives new value for chattel paper constituting proceeds of the inventory.

6. For purposes of subsections 2 and 4, if the authoritative copies of the record

evidencing chattel paper or an instrument indicate that the chattel paper or instrument

has been assigned to an identified secured party other than the purchaser, a

purchaser of the chattel paper or instrument has knowledge that the purchase violates

the rights of the secured party.
N.D. Cent. Code § 4.1-53-05 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-05
4.1-53-05. Seed commission - Chairman - Meetings
Status: repealed

4.1-53-05. Seed commission - Chairman - Meetings

Repealed by S.L. 2013, ch. 71, § 5.
N.D. Cent. Code § 41-02.1-51 — ND Code / Title 41 / Chapter 41-02.1 / Section 41-02.1-51
41-02.1-51. (2A-503) Modification or impairment of rights and remedies
Status: in_force

41-02.1-51. (2A-503) Modification or impairment of rights and remedies

1. Except as otherwise provided in this chapter, the lease agreement may include rights

and remedies for default in addition to or in substitution for those provided in this

chapter and may limit or alter the measure of damages recoverable under this chapter.

2. Resort to a remedy provided under this chapter or in the lease agreement is optional

unless the remedy is expressly agreed to be exclusive. If circumstances cause an

exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive

remedy is unconscionable, remedy may be had as provided in this chapter.

3. Consequential damages may be liquidated under section 41-02.1-52, or may

otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion

is unconscionable. Limitation, alteration, or exclusion of consequential damages for

injury to the person in the case of consumer goods is prima facie unconscionable but

limitation, alteration, or exclusion of damages if the loss is commercial is not prima

facie unconscionable.

4. Rights and remedies on default by the lessor or the lessee with respect to any

obligation or promise collateral or ancillary to the lease contract are not impaired by

this chapter.
N.D. Cent. Code § 41-08-08 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-08
41-08-08. (8-108) Warranties in direct holding
Status: in_force

41-08-08. (8-108) Warranties in direct holding

1. A person who transfers a certificated security to a purchaser for value warrants to the

purchaser, and an endorser, if the transfer is by endorsement, warrants to any

subsequent purchaser, that:

a. The certificate is genuine and has not been materially altered;

b. The transferor or endorser does not know of any fact that might impair the validity

of the security;

c. There is no adverse claim to the security;

d. The transfer does not violate any restriction on transfer;

e. If the transfer is by endorsement, the endorsement is made by an appropriate

person, or if the endorsement is by an agent, the agent has actual authority to act

on behalf of the appropriate person; and

f. The transfer is otherwise effective and rightful.

2. A person who originates an instruction for registration of transfer of an uncertificated

security to a purchaser for value warrants to the purchaser that:

a. The instruction is made by an appropriate person, or if the instruction is by an

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

b. The security is valid;

c. There is no adverse claim to the security; and

d. At the time the instruction is presented to the issuer:

(1) The purchaser will be entitled to the registration of transfer;

(2) The transfer will be registered by the issuer free from all liens, security

interests, restrictions, and claims other than those specified in the

instruction;

(3) The transfer will not violate any restriction on transfer; and

(4) The requested transfer will otherwise be effective and rightful.

3. A person who transfers an uncertificated security to a purchaser for value and does

not originate an instruction in connection with the transfer warrants that:

a. The uncertificated security is valid;

b. There is no adverse claim to the security;

c. The transfer does not violate any restriction on transfer; and

d. The transfer is otherwise effective and rightful.

4. A person who endorses a security certificate warrants to the issuer that:

a. There is no adverse claim to the security; and

b. The endorsement is effective.

5. A person who originates an instruction for registration of transfer of an uncertificated

security warrants to the issuer that:

a. The instruction is effective; and

b. At the time the instruction is presented to the issuer the purchaser will be entitled

to the registration of transfer.

6. A person who presents a certificated security for registration of transfer or for payment

or exchange warrants to the issuer that the person is entitled to the registration,

payment, or exchange, but a purchaser for value and without notice of adverse claims

to whom transfer is registered warrants only that the person has no knowledge of any

unauthorized signature in a necessary endorsement.

7. If a person acts as agent of another in delivering a certificated security to a purchaser,

the identity of the principal was known to the person to whom the certificate was

delivered, and the certificate delivered by the agent was received by the agent from

the principal or received by the agent from another person at the direction of the

principal, the person delivering the security certificate warrants only that the delivering

person has authority to act for the principal and does not know of any adverse claim to

the certificated security.

8. A secured party who redelivers a security certificate received, or after payment and on

order of the debtor delivers the security certificate to another person, makes only the

warranties of an agent under subsection 7.

9. Except as otherwise provided in subsection 7, a broker acting for a customer makes to

the issuer and a purchaser the warranties provided in subsections 1 through 6. A

broker that delivers a security certificate to its customer, or causes its customer to be

registered as the owner of an uncertificated security, makes to the customer the

warranties provided in subsection 1 or 2, and has the rights and privileges of a

purchaser under this section. The warranties of and in favor of the broker acting as an

agent are in addition to applicable warranties given by and in favor of the customer.
N.D. Cent. Code § 41-02-77 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-77
41-02-77. (2-614) Substituted performance
Status: in_force

41-02-77. (2-614) Substituted performance

1. If without fault of either party the agreed berthing, loading, or unloading facilities fail or

an agreed type of carrier becomes unavailable or the agreed manner of delivery

otherwise becomes commercially impracticable but a commercially reasonable

substitute is available, such substitute performance must be tendered and accepted.

2. If the agreed means or manner of payment fails because of domestic or foreign

governmental regulation, the seller may withhold or stop delivery unless the buyer

provides a means or manner of payment which is commercially a substantial

equivalent. If delivery has already been taken, payment by the means or in the manner

provided by the regulation discharges the buyer's obligation unless the regulation is

discriminatory, oppressive, or predatory.
N.D. Cent. Code § 4.1-75-06 — ND Code / Title 4.1 / Chapter 4.1-75 / Section 4.1-75-06
4.1-75-06. Reimbursement for costs - Schedule
Status: in_force

4.1-75-06. Reimbursement for costs - Schedule

1. Except as otherwise provided in section 4.1-75-05, the individual taking possession of

an estray in accordance with this chapter is entitled to receive reimbursement for

incurred expenses in accordance with a reimbursement schedule developed by the

North Dakota stockmen's association.

2. The amount reimbursable under this section must be deducted from the proceeds of

the estray's sale. Any amount remaining thereafter must be forwarded to the North

Dakota stockmen's association and submitted to the state treasurer for deposit in the

North Dakota stockmen's association fund.
N.D. Cent. Code § 4.1-39-04 — ND Code / Title 4.1 / Chapter 4.1-39 / Section 4.1-39-04
4.1-39-04. Special local needs exemption - Tolerances
Status: in_force

4.1-39-04. Special local needs exemption - Tolerances

The agriculture commissioner, in cooperation with the environmental protection agency,

shall use tolerance data established or obtained in North America in pursuing special local

needs exemptions for crop protection products under the Federal Insecticide, Fungicide, and

Rodenticide Act [7 U.S.C. 136 et seq.].
N.D. Cent. Code § 4.1-26-27 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-27
4.1-26-27. Assessments - Continuing appropriation
Status: in_force

4.1-26-27. Assessments - Continuing appropriation

1. a. Each licensed processor shall pay to the milk marketing board an amount

determined by the board but not exceeding eighteen cents per hundredweight

[45.36 kilograms], on all milk and milk equivalents used by the processor in

manufacturing milk products and frozen dairy products.

b. The assessment required in accordance with this section is not imposed on milk

products or frozen dairy products sold outside this state.

2. The assessment required by this section must be calculated quarterly and paid within

fourteen days after the end of each calendar quarter.

3. The board shall forward all moneys received under this chapter to the state treasurer

for deposit in the milk marketing fund. All moneys in the milk marketing fund are

appropriated on a continuing basis to the board to carry out this chapter.
N.D. Cent. Code § 4.1-19-04 — ND Code / Title 4.1 / Chapter 4.1-19 / Section 4.1-19-04
4.1-19-04. Licensing - Fees - Bonding
Status: repealed

4.1-19-04. Licensing - Fees - Bonding

Repealed by S.L. 2025, ch. 81, § 3.
N.D. Cent. Code § 4.1-18.1-04 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-04
4.1-18.1-04. License - Grounds for denial
Status: in_force

4.1-18.1-04. License - Grounds for denial

1. The agriculture commissioner may deny or revoke a license to any person who:

a. Repeatedly violates this chapter;

b. Provides false or misleading information in connection with any application

required by this chapter; or

c. Has been convicted of a felony, as described in section 4.1-18.1-02, since the

most recent criminal history background check.

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

commissioner within thirty days after the date of the denial.
N.D. Cent. Code § 41-04.1-35 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-35
41-04.1-35. (4A-504) Order in which items and payment orders may be charged to account - Order withdrawal from account
Status: in_force

41-04.1-35. (4A-504) Order in which items and payment orders may be charged to

account - Order withdrawal from account.

1. If a receiving bank has received more than one payment order of the sender or one or

more payment orders and other items that are payable from the sender's account, the

bank may charge the sender's account with respect to the various orders and items in

any sequence.

2. In determining whether a credit to an account has been withdrawn by the holder of the

account or applied to a debt of the holder of the account, credits first made to the

account are first withdrawn or applied.
N.D. Cent. Code § 41-07-23 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-23
41-07-23. (7-307) Lien of carrier
Status: in_force

41-07-23. (7-307) Lien of carrier

1. A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof

in its possession for charges after the date of the carrier's receipt of the goods for

storage or transportation, including demurrage and terminal charges, and for expenses

necessary for preservation of the goods incident to their transportation or reasonably

incurred in their sale pursuant to law. However, against a purchaser for value of a

negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the

applicable tariffs or, if no charges are stated, a reasonable charge.

2. A lien for charges and expenses under subsection 1 on goods that the carrier was

required by law to receive for transportation is effective against the consignor or any

person entitled to the goods unless the carrier had notice that the consignor lacked

authority to subject the goods to those charges and expenses. Any other lien under

subsection 1 is effective against the consignor and any person that permitted the bailor

to have control or possession of the goods unless the carrier had notice that the bailor

lacked authority.

3. A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to

deliver.
N.D. Cent. Code § 4.1-04-16 — ND Code / Title 4.1 / Chapter 4.1-04 / Section 4.1-04-16
4.1-04-16. Expenditures - Approval - Records
Status: in_force

4.1-04-16. Expenditures - Approval - Records

The council shall approve all expenditures made pursuant to this chapter. The expenditures

must be recorded on itemized vouchers and the records must be maintained as directed by the

state records administrator.
N.D. Cent. Code § 4.1-56-11 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-11
4.1-56-11. Seed commissioner - Orders
Status: in_force

4.1-56-11. Seed commissioner - Orders

The seed commissioner may by order:

1. Alter the boundaries of the seed potato control area;

2. Assign additional powers and duties to the governance committee;

3. Prescribe requirements for seed selection, seed treatment, field isolation, cultural

practices, disease removal, and insect control;

4. Prescribe requirements for the governance committee with respect to seed potato

control efforts;

5. Prescribe or authorize seed quality for use within the control area;

6. Provide for the inspection, testing, and approval of seed to be used within the control

area; and

7. Set forth additional requirements or prohibitions with respect to activities within the

seed potato control area.
N.D. Cent. Code § 4.1-83-30 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-30
4.1-83-30. Violations of chapter - Criminal penalty - Civil penalty
Status: in_force

4.1-83-30. Violations of chapter - Criminal penalty - Civil penalty

1. Any person violating this chapter is guilty of a class A misdemeanor.

2. Any person violating this chapter is subject to a civil penalty in an amount not to

exceed five thousand dollars for each violation. The civil penalty may be adjudicated

by a court or by the agriculture commissioner through an administrative hearing.
N.D. Cent. Code § 4.1-40-17 — ND Code / Title 4.1 / Chapter 4.1-40 / Section 4.1-40-17
4.1-40-17. Violations - Civil penalty
Status: in_force

4.1-40-17. Violations - Civil penalty

Any person that violates this chapter or an implemented rule is subject to a civil penalty in

an amount up to two thousand five hundred dollars per violation. The civil penalty may be

imposed by a court or by the agriculture commissioner in an administrative hearing.
N.D. Cent. Code § 41-09-72 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-72
41-09-72. (9-501) Filing office
Status: in_force

41-09-72. (9-501) Filing office

1. Except as otherwise provided in subsection 2, if the local law of this state governs

perfection of a security interest or agricultural lien, the office in which to file a financing

statement to perfect the security interest or agricultural lien is:

a. The office designated for the filing or recording of a record of a mortgage on the

related real property, if:

(1) The collateral is as-extracted collateral or timber to be cut; or

(2) The financing statement is filed as a fixture filing and the collateral is goods

that are or are to become fixtures; or

b. The office of the recorder in any county in this state or in the office of the

secretary of state, in all other cases, including a case in which the collateral is

goods that are or are to become fixtures and the financing statement is not filed

as a fixture filing.

2. The office in which to file a financing statement to perfect a security interest in

collateral, including fixtures, of a transmitting utility is the office of the secretary of

state. The financing statement also constitutes a fixture filing as to the collateral

indicated in the financing statement which is or is to become fixtures.

3. The secretary of state shall provide an electronic means for filing any record required

or permitted to be filed by this title. This may include use of business-to-business

methods using a common data format and must include a web-based application. Any

record that is not filed electronically must be rejected.
N.D. Cent. Code § 41-04.1-18 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-18
41-04.1-18. (4A-210) Rejection of payment order
Status: in_force

41-04.1-18. (4A-210) Rejection of payment order

1. A payment order is rejected by the receiving bank by a notice of rejection transmitted

to the sender orally or in a record. A notice of rejection need not use any particular

words and is sufficient if it indicates that the receiving bank is rejecting the order or will

not execute or pay the order. Rejection is effective when the notice is given if

transmission is by a means that is reasonable in the circumstances. If notice of

rejection is given by a means that is not reasonable, rejection is effective when the

notice is received. If an agreement of the sender and receiving bank establishes the

means to be used to reject a payment order, any means complying with the agreement

is reasonable, and any means not complying is not reasonable unless no significant

delay in receipt of the notice resulted from the use of the noncomplying means.

2. This subsection applies if a receiving bank other than the beneficiary's bank fails to

execute a payment order despite the existence on the execution date of a

withdrawable credit balance to an authorized account of the sender sufficient to cover

the order. If the sender does not receive notice of rejection of the order on the

execution date and the authorized account of the sender does not bear interest, the

bank is obliged to pay interest to the sender on the amount of the order for the number

of days elapsing after the execution date to the earlier of the day the order is canceled

under subsection 4 of section 41-04.1-19 or the day the sender receives notice or

learns that the order was not executed, counting the final day of the period as an

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

amount of the order, the amount of interest is reduced accordingly.

3. If a receiving bank suspends payments, all unaccepted payment orders issued to it are

deemed rejected at the time the bank suspends payments.

4. Acceptance of a payment order precludes a later rejection of the order. Rejection of a

payment order precludes a later acceptance of the order.
N.D. Cent. Code § 4.1-19-03 — ND Code / Title 4.1 / Chapter 4.1-19 / Section 4.1-19-03
4.1-19-03. Purposes - Duties
Status: in_force

4.1-19-03. Purposes - Duties

The agriculture commissioner shall:

1. Promote improved poultry breeding practices and cooperate with the board of animal

health in controlling and eradicating contagious or infectious diseases of poultry.

2. Act as the official state agency for North Dakota in cooperation with the veterinary

services, animal plant health inspection service, and United States department of

agriculture, for the purpose of furthering the objectives and supervising the state's

participation in the national poultry improvement plan.

3. Promote the welfare and improvement of the poultry industry and the marketing of

poultry and poultry products within the state.

4. Adopt rules under chapter 28-32 as necessary to effectuate the purposes of this

chapter.
N.D. Cent. Code § 4.1-26-11 — ND Code / Title 4.1 / Chapter 4.1-26 / Section 4.1-26-11
4.1-26-11. Milk stabilization plans - Optional provisions
Status: in_force

4.1-26-11. Milk stabilization plans - Optional provisions

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

include the minimum price that must be charged for milk products and frozen

dairy products by any person other than those referenced in subsection 2 of

section 4.1-26-10.

b. (1) Nothing in this subsection requires the establishment of minimum prices for

all items in a category.

(2) Nothing in this subsection requires the establishment of both minimum

wholesale and retail prices for a particular item.

2. A milk stabilization plan established in accordance with section 4.1-26-10 may provide

for a classified pricing system predicated upon utilization and may provide for a

marketwide pooling arrangement or a handler pooling arrangement, as defined in the

Agricultural Marketing Agreement Act of 1937 [7 U.S.C. 601 et seq.], as amended.

3. If some portion of a milk marketing area falls under the jurisdiction of a federal milk

marketing order, a milk stabilization plan established in accordance with section

4.1-26-10 for the marketing area may require that licensed processors subject to both

the milk stabilization plan and the federal milk marketing order:

a. Pay minimum raw milk class prices that exceed the minimum raw milk class

prices established by the federal milk marketing order; and

b. Pay the difference between the federal and state minimums directly to dairy

farmers, on a handler pool basis.

4. A milk stabilization plan established in accordance with section 4.1-26-10 may contain

a formula that automatically changes the minimum price payable to dairy farmers,

provided the formula is based on changes in the factors set forth in subdivision b of

subsection 1 of section 4.1-26-10.

5. A milk stabilization plan established in accordance with section 4.1-26-10 may:

a. Establish the prices payable by a processor for raw milk purchased from sources

other than dairy farmers; and

b. Contain provisions necessary to ensure that the prices paid for butterfat and milk

solids not fat, whether in the form of raw milk or otherwise, are uniform for all

processors whose raw milk purchases are regulated under the plan.

6. If a milk stabilization plan established in accordance with section 4.1-26-10 contains a

marketwide pooling arrangement, the plan may require that raw milk produced by dairy

farmer-processors be included in the pooling arrangement.

7. A milk stabilization plan established in accordance with section 4.1-26-10 may provide

for price adjustments based upon:

a. The butterfat content of the raw milk;

b. The location at which the raw milk is received;

c. The location of a plant receiving raw milk that the processor purchased and

thereafter transferred or diverted from the plant at which such raw milk is normally

utilized; and

d. Any other factors for which price adjustments are permitted in the Agricultural

Marketing Agreement Act of 1937 [7 U.S.C. 601 et seq.], as amended.
N.D. Cent. Code § 4.1-56-04 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-04
4.1-56-04. Seed potato control area - Creation
Status: in_force

4.1-56-04. Seed potato control area - Creation

1. Once the petition has been signed by at least eighty percent of the persons owning

land in the proposed seed control area, the petition may be presented to the seed

commissioner for approval.

2. If the seed commissioner determines that the petition meets the requirements of this

chapter, the seed commissioner may order the creation of:

a. The seed potato control area as described in the petition; or

b. A seed potato control area having boundaries that are not as extensive as those

set forth in the petition.

3. a. In the order establishing the seed potato control area, the seed commissioner

shall prescribe the quality of seed potatoes that may be planted within the control

area. The quality prescribed may differ from that set forth in the petition.

b. After the establishment of a seed potato control area, the seed commissioner

may issue an order changing the quality of seed potatoes that may be planted

within the control area.
N.D. Cent. Code § 41-03-24 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-24
41-03-24. (3-205) Special endorsement - Blank endorsement - Anomalous endorsement
Status: in_force

41-03-24. (3-205) Special endorsement - Blank endorsement - Anomalous

endorsement.

1. If an endorsement is made by the holder of an instrument, whether payable to an

identified person or payable to bearer, and the endorsement identifies a person to

whom it makes the instrument payable, it is a "special endorsement". When specially

endorsed, an instrument becomes payable to the identified person and may be

negotiated only by the endorsement of that person. The principles stated in section

41-03-10 apply to special endorsements.

2. If an endorsement is made by the holder of an instrument and it is not a special

endorsement, it is a "blank endorsement". When endorsed in blank, an instrument

becomes payable to bearer and may be negotiated by transfer of possession alone

until specially endorsed.

3. The holder may convert a blank endorsement that consists only of a signature into a

special endorsement by writing, above the signature of the endorser, words identifying

the person to whom the instrument is made payable.

4. "Anomalous endorsement" means an endorsement made by a person that is not the

holder of the instrument. An anomalous endorsement does not affect the manner in

which the instrument may be negotiated.
N.D. Cent. Code § 4.1-31-20 — ND Code / Title 4.1 / Chapter 4.1-31 / Section 4.1-31-20
4.1-31-20. Detention of animals or products
Status: in_force

4.1-31-20. Detention of animals or products

1. An inspector may detain an article or animal for up to twenty days pending a hearing

or notification of authorities having jurisdiction over the article or animal if the inspector

finds the article or animal on premises where it is held for purposes of, during, or after

distribution in intrastate commerce and the inspector reasonably believes:

a. The article or animal is adulterated or misbranded and would otherwise be usable

as human food;

b. The article or animal has not been inspected, in violation of this chapter or federal

law; or

c. The article or animal has been or is intended to be distributed in violation of this

chapter or federal law.

2. Until it is released by the commissioner, a detained article or animal may not be moved

by any person from the place at which it was located when detained. The

commissioner may require all official marks to be removed from the detained article or

animal before it is released unless the commissioner is satisfied the article or animal is

eligible to retain the official marks.
N.D. Cent. Code § 41-09-128 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-128
41-09-128. (9-706) When initial financing statement suffices to continue effectiveness of financing statement
Status: in_force

41-09-128. (9-706) When initial financing statement suffices to continue effectiveness

of financing statement.

1. The filing of an initial financing statement in the office specified in section 41-09-72

continues the effectiveness of a financing statement filed before July 1, 2001, if:

a. The filing of an initial financing statement in that office would be effective to

perfect a security interest under this chapter;

b. The pre-effective-date financing statement was filed in an office in another state

or another office in this state; and

c. The initial financing statement satisfies subsection 3.

2. The filing of an initial financing statement under subsection 1 continues the

effectiveness of the pre-effective-date financing statement:

a. If the initial financing statement is filed before July 1, 2001, for the period

provided in the former section 41-09-42 with respect to a financing statement;

and

b. If the initial financing statement is filed after July 1, 2001, for the period provided

in section 41-09-86 with respect to an initial financing statement.

3. To be effective for purposes of subsection 1, an initial financing statement must:

a. Satisfy the requirements of part 5 for an initial financing statement;

b. Identify the pre-effective-date financing statement by indicating the office in which

the financing statement was filed and providing the dates of filing and file

numbers, if any, of the financing statement and of the most recent continuation

statement filed with respect to the financing statement; and

c. Indicate that the pre-effective-date financing statement remains effective.
N.D. Cent. Code § 41-10-01 — ND Code / Title 41 / Chapter 41-10 / Section 41-10-01
41-10-01. Definitions
Status: in_force

41-10-01. Definitions

As used in this chapter:

1. "Authorized", when used with reference to a financing statement record, means that

the financing statement record was filed by a person authorized to do so as provided

in sections 41-09-80 and 41-09-130.

2. "Debtor" means a natural person whose name was provided in a financing statement

record as an individual debtor or one of the types of persons listed in section 41-09-76.

3. "Filing office" or "filing officer" refers to the central indexing system, which must be

provided by the secretary of state, where a financing statement record is to be filed

electronically as provided by section 41-09-72.

4. "Financing statement record" means an initial financing statement, an amendment that

adds collateral covered by a financing statement, and an amendment that adds a

debtor to a financing statement as such terms are used in this title.
N.D. Cent. Code § 4.1-54-05 — ND Code / Title 4.1 / Chapter 4.1-54 / Section 4.1-54-05
4.1-54-05. Seed arbitration board - Hearing - Use of evidence
Status: in_force

4.1-54-05. Seed arbitration board - Hearing - Use of evidence

Any evidence and testimony presented at a seed arbitration hearing and any findings or

recommendations by the seed arbitration board are admissible in any subsequent proceeding.
N.D. Cent. Code § 4.1-58-08 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-08
4.1-58-08. Public warehouse license - Fee - Posting of license
Status: in_force

4.1-58-08. Public warehouse license - Fee - Posting of license

1. A license must be obtained from the commissioner for each public warehouse in

operation in this state. A license issued is for one year and terminates on the thirty-first

day of July in the year of expiration. An initial annual license application that becomes

effective after June first does not expire until July thirty-first of the following calendar

year.

2. A license may not describe more than one public warehouse nor grant permission to

operate a public warehouse other than the one described.

3. a. The annual license fee for a public warehouse is:

(1) Four hundred dollars for a warehouse that purchased up to one million

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

purchase up to one million dollars worth of grain during the first year of

operation;

(2) Eight hundred dollars for a warehouse that purchased more than one million

dollars worth of grain but not more than ten million dollars worth of grain

during the previous licensing period, or intends to purchase more than

one million dollars worth of grain but not more than ten million dollars worth

of grain during the first year of operation; and

(3) One thousand two hundred dollars for a warehouse that purchased more

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

intends to purchase more than ten million dollars worth of grain during the

first year of operation.

b. An application for an annual license renewal received after July fifteenth must

include an additional one hundred dollar fee per warehouse.

4. If a public warehouseman operates two or more warehouses in the same city or

railroad siding, in conjunction with each other and with the same working force, and

keeps one set of books and records for the warehouses, and issues one series of

scale tickets, warehouse receipts, checks, and credit-sale contracts for the grain

stored and purchased, only one license is required for the operation of all the

warehouses. When two or more warehouses are operated under one license, the

license fee is based upon the combined value of the grain purchased by the

warehouses during the previous licensing period.

5. The license must be posted in a conspicuous place in the public warehouse.
N.D. Cent. Code § 41-09-113 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-113
41-09-113. (9-618) Rights and duties of certain secondary obligors
Status: in_force

41-09-113. (9-618) Rights and duties of certain secondary obligors

1. A secondary obligor acquires the rights and becomes obligated to perform the duties

of the secured party after the secondary obligor:

a. Receives an assignment of a secured obligation from the secured party;

b. Receives a transfer of collateral from the secured party and agrees to accept the

rights and assume the duties of the secured party; or

c. Is subrogated to the rights of a secured party with respect to collateral.

2. An assignment, transfer, or subrogation described in subsection 1:

a. Is not a disposition of collateral under section 41-09-107; and

b. Relieves the secured party of further duties under this chapter.
N.D. Cent. Code § 4.1-59-20 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-20
4.1-59-20. Grading of grain - Penalty
Status: in_force

4.1-59-20. Grading of grain - Penalty

A grain buyer, before testing for grade any grain handled by the grain buyer, shall remove

and make due allowance for any dockage of the grain made by reason of the presence of straw,

weed seeds, dirt, or any other foreign matter. A grain buyer that violates this provision is guilty of

a class B misdemeanor.
N.D. Cent. Code § 4.1-01-01 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-01
4.1-01-01. Definitions
Status: in_force

4.1-01-01. Definitions

As used in this title, unless otherwise provided:

1. "Commissioner" means the agriculture commissioner or the designee or authorized

representative of the commissioner.

2. "Department" means the North Dakota department of agriculture.
N.D. Cent. Code § 4.1-18.1-14 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-14
4.1-18.1-14. Costs recoverable
Status: in_force

4.1-18.1-14. Costs recoverable

If the commissioner prevails in an action brought to district court under this chapter, the

court shall award the commissioner reasonable attorney's fees, investigation expenses, costs,

and other expenses associated with the action. All attorney's fees, investigation expenses,

costs, and other expenses received by the commissioner under this section must be deposited

into the attorney general's general operating fund.
N.D. Cent. Code § 4.1-35-02 — ND Code / Title 4.1 / Chapter 4.1-35 / Section 4.1-35-02
4.1-35-02. Compliance with rules
Status: in_force

4.1-35-02. Compliance with rules

Farm irrigation systems used for chemigation which are designed, constructed, and

operated in compliance with rules adopted under this chapter are considered to be in

compliance with this chapter.
N.D. Cent. Code § 4.1-41-04 — ND Code / Title 4.1 / Chapter 4.1-41 / Section 4.1-41-04
4.1-41-04. License - Registration - Hearing
Status: in_force

4.1-41-04. License - Registration - Hearing

After providing an affected person with an opportunity for an informal hearing, the

commissioner may:

1. Refuse to issue a license to an applicant that is not in compliance with this chapter;

2. Revoke an existing license if the licensee is not in compliance with this chapter; or

3. Refuse to register any feed and cancel the registration of any feed if the registrant is

not in compliance with this chapter.
N.D. Cent. Code § 4.1-18.1-06 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-06
4.1-18.1-06. Confiscation and disposal
Status: in_force

4.1-18.1-06. Confiscation and disposal

1. Any hemp found to be in violation of this chapter is subject to confiscation and disposal

by the commissioner.

2. Any disposal-related costs will be the responsibility of the producer, owner, or person

responsible for the hemp.

3. The commissioner is not liable for any destruction of hemp or hemp products carried

out under this chapter.
N.D. Cent. Code § 4.1-20-24 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-24
4.1-20-24. Powers and duties of districts and supervisors
Status: in_force

4.1-20-24. Powers and duties of districts and supervisors

1. A soil conservation district may exercise the public powers ordinarily exercised by a

political subdivision of the state, and the district and the supervisors of the district have

the following powers in addition to those granted in other sections of this chapter:

a. To conduct surveys, investigations, and research relating to the character of soil

erosion and the preventive and control measures needed; to publish the results of

those surveys, investigations, or research; and to disseminate information

concerning the preventive and control measures. To avoid duplication of research

activities, a district may not initiate any research program except in cooperation

with the government of this state or any of its agencies, or with the United States

or any of its agencies.

b. To conduct demonstrational projects within the district on lands owned or

controlled by this state or any of its agencies, with the cooperation of the agency

administering and having jurisdiction of the land, and on any other lands within

the district after obtaining the consent of the occupier of those lands or the

necessary rights or interests in those lands, to demonstrate by example the

means, methods, and measures by which soil and soil resources may be

conserved and soil erosion in the form of soil blowing and soil washing may be

prevented and controlled.

c. To carry out preventive and control measures within the district, including

engineering operations, methods of cultivation, the growing of vegetation, and

changes in use of land, on lands owned or controlled by this state or any of its

agencies, with the cooperation of the agency administering and having

jurisdiction of the land, and on any other lands within the district upon obtaining

the consent of the occupier of those lands or the necessary rights or interest in

those lands.

d. To cooperate or enter agreements with, and, within the limits of appropriations

duly made available to it by law, to furnish financial or other aid to any agency,

governmental or otherwise, or any occupier of lands within the district in the

carrying on of erosion control and prevention operations within the district, subject

to the conditions as the supervisors may deem necessary to advance the

purposes of this chapter.

e. To obtain options upon and to acquire by purchase, exchange, lease, gift, grant,

bequest, devise, or otherwise any property, real or personal, or any property

rights or interest; to maintain, administer, and improve any properties acquired; to

receive income from those properties and to expend that income in carrying out

the purposes and provisions of this chapter; and to sell, lease, or dispose of

otherwise any of its property or interest therein in furtherance of the purposes and

the provisions of this chapter.

f. To make available, on terms the soil conservation district prescribes, to land

occupiers, government units or qualified electors within the district, agricultural

and engineering machinery and equipment, fertilizer, seeds and seedlings, and

any other material or equipment as will assist those land occupiers, government

units or qualified electors to carry on operations upon their lands for the

conservation of soil and water resources and for the prevention and control of soil

erosion.

g. To construct, improve, and maintain structures as may be necessary or

convenient for the performance of any of the operations authorized in this

chapter.

h. To develop comprehensive plans for the conservation of soil resources and for

the control and prevention of soil erosion within the district, which plans must

specify in such detail as may be possible the acts, procedures, performances,

and avoidances that are necessary or desirable for the effectuation of those

plans, including the specification of engineering operations, methods of

cultivation, the growing of vegetation, cropping programs, tillage practices, and

changes in use of land, and to publish such plans and information and bring them

to the attention of occupiers of lands within the district.

i. To take over, by purchase, lease, or otherwise, and to administer any soil

conservation, erosion control, or erosion prevention project located within its

boundaries undertaken by the United States or any of its agencies, or by this

state or any of its agencies; to manage, as agent of the United States, or any of

its agencies or of this state or any of its agencies, any soil conservation, erosion

control, or erosion prevention project within its boundaries; to act as agent for the

United States or any of its agencies or for this state or any of its agencies in

connection with the acquisition, construction, operation, or administration of any

soil conservation, erosion control, or erosion prevention project within its

boundaries; and to accept donations, gifts, and contributions in money, services,

materials, or otherwise from the United States or any of its agencies or from this

state or any of its agencies, and to use or expend those moneys, services,

materials, or other contributions in carrying on its operations.

j. To sue and be sued in the name of the district.

k. To have a seal, which seal must be noticed judicially.

l. To have perpetual succession unless terminated as provided in this chapter.

m. To make and execute contracts and other instruments necessary or convenient to

the exercise of its powers, and to borrow funds and pledge all or any part of any

income from the district's facilities, equipment, and operations for repayment.

n. To make, amend, or repeal regulations consistent with this chapter.

o. To require contributions in money, services, materials, or otherwise to any

operations conferring benefits under this chapter and to require land occupiers to

enter and perform agreements or covenants to use the lands in a manner that will

prevent or control erosion.

p. To expend moneys for education, promotion, and recognition activities consistent

with the purposes of this chapter.

q. To levy taxes as follows:

(1) The supervisors may make a general fund tax levy, not exceeding two and

one-half mills, for the payment of the expenses of the district, including

mileage and other expenses of the supervisors, and technical,

administrative, clerical, and other operating expenses.

(2) Immediately after the completion of the district budget and the adoption of

the annual tax levy by the district supervisors, but not later than July first,

the supervisors shall send one certified copy of the levy as adopted to the

county auditor of each county in the district.

(3) The county auditor of each county in the district shall extend the levy upon

the tax list of the county for the current year against each description of real

property lying both within the county and the district in the same manner and

with the same effect as other taxes are extended.

(4) The treasurer of each county in the district shall collect all district taxes

together with interest and penalty thereon in the same manner as the

general taxes are collected, and shall pay over to the soil conservation

district by the tenth working day of each month, all taxes so collected during

the preceding month, with interest and penalties collected thereon and shall

immediately send notification of such payment to the treasurer of the soil

conservation district.

(5) Voter-approved levy authority authorized by electors of a district under the

provisions of this section before January 1, 2015, remains in effect through

taxable year 2024 or for the time period authorized by the electors,

whichever expires first.

2. Any provisions with respect to the acquisition, operation, or disposition of property by

other public bodies are not applicable to a district unless the same specifically are

made applicable by law.
N.D. Cent. Code § 41-09-136 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-136
41-09-136. (9-806) When initial financing statement suffices to continue effectiveness of financing statement
Status: in_force

41-09-136. (9-806) When initial financing statement suffices to continue effectiveness

of financing statement.

1. The filing of an initial financing statement in the office specified in section 41-09-72

continues the effectiveness of a financing statement filed before this Act takes effect if:

a. The filing of an initial financing statement in that office would be effective to

perfect a security interest under this chapter as amended by this Act;

b. The pre-effective-date financing statement was filed in an office in another state;

and

c. The initial financing statement satisfies subsection 3.

2. The filing of an initial financing statement under subsection 1 continues the

effectiveness of the pre-effective-date financing statement:

a. If the initial financing statement is filed before this Act takes effect, for the period

provided in unamended section 41-09-86 with respect to an initial financing

statement; and

b. If the initial financing statement is filed after this Act takes effect, for the period

provided in section 41-09-86 as amended by this Act with respect to an initial

financing statement.

3. To be effective for purposes of subsection 1, an initial financing statement must:

a. Satisfy the requirements of sections 41-09-72 through 41-09-97 as amended by

this Act for an initial financing statement;

b. Identify the pre-effective-date financing statement by indicating the office in which

the financing statement was filed and providing the dates of filing and file

numbers, if any, of the financing statement and of the most recent continuation

statement filed with respect to the financing statement; and

c. Indicate that the pre-effective-date financing statement remains effective.
N.D. Cent. Code § 4.1-16-06 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-06
4.1-16-06. License fee
Status: in_force

4.1-16-06. License fee

The fee for a beekeeper's license is five dollars. All fees collected must be deposited in the

agriculture commissioner operating fund.
N.D. Cent. Code § 4.1-01-18 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-18
4.1-01-18. Federal environmental law impact review committee
Status: in_force

4.1-01-18. Federal environmental law impact review committee

1. The federal environmental law impact review committee consists of:

a. The commissioner, who shall serve as the chairman;

b. The governor or the governor's designee;

c. The majority leader of the house of representatives, or the leader's designee;

d. The majority leader of the senate, or the leader's designee;

e. One member of the legislative assembly from the minority party, selected by the

chairman of the legislative management;

f. One individual appointed by the North Dakota corn growers association;

g. One individual appointed by the North Dakota grain growers association;

h. One individual appointed by the North Dakota soybean growers association;

i. One individual appointed by the North Dakota stockmen's association;

j. One individual appointed by the North Dakota farm bureau;

k. One individual appointed by the North Dakota farmers union;

l. The chairman of the public service commission or the chairman's designee;

m. The director of the department of water resources or the director's designee;

n. The director of the game and fish department, or the director's designee;

o. The director of the department of transportation, or the director's designee;

p. The director of the department of environmental quality, or the director's

designee;

q. One representative of an investor-owned utility company;

r. One representative from the North Dakota association of rural electric

cooperatives; and

s. Two individuals from the energy community, of which one individual must be a

representative of an organization that supports lignite energy in the state

appointed by the commissioner and one individual must be a representative of an

organization that supports oil and gas activity in the state appointed by the

governor.

2. The committee shall review federal environmental legislation and regulations

detrimentally impacting or potentially detrimentally impacting the state's agricultural,

energy, or oil production sectors. The committee shall confer with the attorney general

with respect to participation in administrative or judicial processes pertaining to the

legislation or regulations.

3. a. Any member of the legislative assembly serving on the committee is entitled to

compensation at the rate provided for attendance at interim committee meetings

and reimbursement for expenses, as provided by law for state officers, if the

member is attending meetings of the committee or performing duties directed by

the committee.

b. The compensation and reimbursement of expenses, as provided for in this

subsection, are payable by the legislative council.
N.D. Cent. Code § 4.1-54-04 — ND Code / Title 4.1 / Chapter 4.1-54 / Section 4.1-54-04
4.1-54-04. Seed arbitration board - Petition - Hearing - Recommendation
Status: in_force

4.1-54-04. Seed arbitration board - Petition - Hearing - Recommendation

1. A seed labeler, seed dealer, or seed customer may file with the agriculture

commissioner a petition for a hearing to settle a dispute involving a seed transaction.

2. The agriculture commissioner shall forward the petition to the seed arbitration board.

3. The seed arbitration board shall hold a hearing and within thirty days issue a

nonbinding recommendation for a resolution of the dispute.
N.D. Cent. Code § 4.1-09-12 — ND Code / Title 4.1 / Chapter 4.1-09 / Section 4.1-09-12
4.1-09-12. Council members - Compensation
Status: in_force

4.1-09-12. Council members - Compensation

Each member of the council, except the individual appointed by the director of the

agricultural experiment station, is entitled to receive compensation in the amount established by

the council but not exceeding one hundred thirty-five dollars per day plus reimbursement for

expenses as provided by law for state officers if the member is attending meetings or

performing duties directed by the council.
N.D. Cent. Code § 4.1-58-39 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-39
4.1-58-39. Transfer of warehouse - Redemption of receipts
Status: in_force

4.1-58-39. Transfer of warehouse - Redemption of receipts

1. If a public warehouseman desires to transfer a warehouse, either by sale or lease to

any other person, the warehouseman shall:

a. Notify the commissioner of the warehouseman's intention to transfer the

warehouse, giving the name and address of the proposed lessee or purchaser.

b. Furnish a statement of all proper claims that may be filed or pending against the

warehouseman pertaining to the storage, inspection, and marketing of grain, with

a statement of:

(1) The number of bushels of grain of each kind and grade in store in the

warehouse;

(2) The number and amount of receipts outstanding; and

(3) The names and addresses of the receiptholders.

c. Serve notice by registered mail, at least thirty days before the transfer, upon all

receiptholders having claims against the warehouse to call for delivery of the

grain covered by the receipts, and to pay all storage charges due, the

warehouseman to make no charge for redelivery. The commissioner may waive

the thirty-day notice period upon receipt of written consent of all receiptholders.

d. Transfer all stored grain undelivered at the expiration of the thirty-day period to

the warehouseman's successor, if licensed, or to the nearest licensed warehouse

for restorage, taking receipts for the restorage for the owner of the grain

transferred.

e. Surrender to the commissioner the warehouseman's license for cancellation, at

which time the proposed lessee or purchaser shall file in due form for a new

license and tender a new bond for review by the commissioner, at which time, the

commissioner, first being duly satisfied all the outstanding receipts have been

redeemed, or that the redemption of all outstanding receipts has been provided

for, the commissioner may permit a new license to become effective for the

lessee or purchaser.

2. A sale, lease, or transfer of any warehouse may not be recognized by the

commissioner except when made in accordance with this section.
N.D. Cent. Code § 4.1-59-18 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-18
4.1-59-18. Standard weights to be used - Exception
Status: in_force

4.1-59-18. Standard weights to be used - Exception

A person purchasing grain may not use any measure for the grain other than the standard

bushel, and a number of pounds may not be used or called a bushel other than the number of

pounds provided by law as the standard weight of the kind of grain in question, except that

during the months of October and November, not exceeding eighty-two pounds [37.19

kilograms], and during the months of December and January, not exceeding seventy-six pounds

[34.47 kilograms], may be used as the standard weight per bushel of new ear corn.
N.D. Cent. Code § 4.1-57-02 — ND Code / Title 4.1 / Chapter 4.1-57 / Section 4.1-57-02
4.1-57-02. Wholesale potato dealer - License required
Status: in_force

4.1-57-02. Wholesale potato dealer - License required

Before a person may engage in the business of a wholesale potato dealer, the person must

be licensed by the seed commissioner.
N.D. Cent. Code § 41-03-40 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-40
41-03-40. (3-403) Unauthorized signature
Status: in_force

41-03-40. (3-403) Unauthorized signature

1. Unless otherwise provided in this chapter or chapter 41-04, an unauthorized signature

is ineffective except as the signature of the unauthorized signer in favor of a person

who in good faith pays the instrument or takes it for value. An unauthorized signature

may be ratified for all purposes of this chapter.

2. If the signature of more than one person is required to constitute the authorized

signature of an organization, the signature of the organization is unauthorized if one of

the required signatures is missing.

3. The civil or criminal liability of a person who makes an unauthorized signature is not

affected by any provision of this chapter that makes the unauthorized signature

effective for the purposes of this chapter.
N.D. Cent. Code § 4.1-47-25 — ND Code / Title 4.1 / Chapter 4.1-47 / Section 4.1-47-25
4.1-47-25. City noxious weed control program - Payment of expenses - Financial report
Status: in_force

4.1-47-25. City noxious weed control program - Payment of expenses - Financial

report.

1. The governing body of a city may provide funding for a city noxious weed control

program authorized under this chapter from revenues derived from its general fund

levy authority.

2. The city weed board may annually request the governing body of a city to provide

funds derived from its general fund levy authority in the amount necessary for the city

noxious weed control program. In the year for which the levy is sought, a city weed

board seeking approval of a property tax levy under this chapter must file with the city

auditor, at a time and in a format prescribed by the city auditor, a financial report for

the preceding calendar year showing the ending balances of each fund held by the city

weed board during that year.

3. For purposes of this section, the expenses of a city noxious weed control program

include compensation for and the reimbursement of expenses incurred by the city

weed board, the city weed control officer, and other employees of the board, and

expenses incurred in the provision of noxious weed control, as authorized by this

chapter.
N.D. Cent. Code § 4.1-73-12 — ND Code / Title 4.1 / Chapter 4.1-73 / Section 4.1-73-12
4.1-73-12. Expiration of brands - Notice by publication
Status: in_force

4.1-73-12. Expiration of brands - Notice by publication

1. The chief brand inspector shall publish in the official newspaper of each county a

notice of the date by which livestock brands must be rerecorded in accordance with

this chapter.

2. The notice must be published at least once per week for three successive weeks. The

first publication must occur between the first and fifteenth day of September, before

the expiration of all brands.
N.D. Cent. Code § 4.1-83-12 — ND Code / Title 4.1 / Chapter 4.1-83 / Section 4.1-83-12
4.1-83-12. Records
Status: in_force

4.1-83-12. Records

Each livestock dealer shall keep records regarding all purchases and sales of livestock for a

period of two years. The records may be examined by the agriculture commissioner upon

request.
N.D. Cent. Code § 41-02-39 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-39
41-02-39. (2-322) Delivery ex-ship
Status: in_force

41-02-39. (2-322) Delivery ex-ship

1. Unless otherwise agreed, a term for delivery of goods "ex-ship" (which means from the

carrying vessel) or in equivalent language is not restricted to a particular ship and

requires delivery from a ship which has reached a place at the named port of

destination where goods of the kind are usually discharged.

2. Under such a term unless otherwise agreed:

a. The seller must discharge all liens arising out of the carriage and furnish the

buyer with a direction which puts the carrier under a duty to deliver the goods;

and

b. The risk of loss does not pass to the buyer until the goods leave the ship's tackle

or are otherwise properly unloaded.
N.D. Cent. Code § 41-10-06 — ND Code / Title 41 / Chapter 41-10 / Section 41-10-06
41-10-06. Other remedies
Status: in_force

41-10-06. Other remedies

This law is cumulative of other law under which a person may obtain judicial relief with

respect to any filed or recorded document.
N.D. Cent. Code § 41-04.1-11 — ND Code / Title 41 / Chapter 41-04.1 / Section 41-04.1-11
41-04.1-11. (4A-203) Unenforceability of certain verified payment orders
Status: in_force

41-04.1-11. (4A-203) Unenforceability of certain verified payment orders

1. If an accepted payment order is not, under subsection 1 of section 41-04.1-10, an

authorized order of a customer identified as sender, but is effective as an order of the

customer under subsection 2 of section 41-04.1-10, the following rules apply:

a. By express agreement evidenced by a record, the receiving bank may limit the

extent to which it is entitled to enforce or retain payment of the payment order.

b. The receiving bank is not entitled to enforce or retain payment of the payment

order if the customer proves that the order was not caused, directly or indirectly,

by a person entrusted at any time with duties to act for the customer with respect

to payment orders or the security procedure or by a person who obtained access

to transmitting facilities of the customer or who obtained, from a source controlled

by the customer and without authority of the receiving bank, information

facilitating breach of the security procedure, regardless of how the information

was obtained or whether the customer was at fault. Information includes any

access device, computer software, or the like.

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

payment orders.
N.D. Cent. Code § 41-03-33 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-33
41-03-33. (3-307) Notice of breach of fiduciary duty
Status: in_force

41-03-33. (3-307) Notice of breach of fiduciary duty

In this section:

1. "Fiduciary" means an agent, trustee partner, corporate officer or director, or other

representative owing a fiduciary duty with respect to an instrument.

2. In the case of an instrument payable to the represented person of the fiduciary, as

such, the taker has notice of the breach of fiduciary duty if the instrument is taken in

payment of or as security for a debt known by the taker to be the personal debt of the

fiduciary, taken in a transaction known by the taker to be for the personal benefit of the

fiduciary, or deposited to an account other than an account of the fiduciary, as such or

an account of the represented person.

3. If an instrument is issued by the represented person or the fiduciary, as such, and

made payable to the fiduciary personally, the taker does not have notice of the breach

of fiduciary duty unless the taker knows of the breach of fiduciary duty.

4. If the instrument is issued by the represented person or the fiduciary, as such, to the

taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is

taken in payment of or as security for a debt known by the taker to be the personal

debt of the fiduciary, taken in a transaction known by the taker to be for the personal

benefit of the fiduciary, or deposited to an account other than an account of the

fiduciary, as such, or an account of the represented person.
N.D. Cent. Code § 4.1-20-05 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-05
4.1-20-05. Duties and powers generally
Status: in_force

4.1-20-05. Duties and powers generally

The committee has the following duties and powers:

1. To offer such assistance as may be appropriate to the supervisors of districts in the

carrying out of any of their powers and programs.

2. To keep the supervisors of each of the several districts informed of the activities and

experience of all other districts, and to facilitate an interchange of advice and

experience among such districts and cooperation among them.

3. To secure the cooperation and assistance of state, federal, regional, interstate, and

local, public, and private agencies with districts and to facilitate arrangements under

which districts may assist or serve county governing bodies and other agencies in the

administration of any activity concerned with the conservation of natural resources.

4. To review agreements, or forms of agreements, proposed to be entered into by

districts with other districts or with state, federal, interstate, or other public or private

organizations, and advise the districts concerning such agreements or forms of

agreement.

5. To recommend to the director biennial budgets necessary to finance the activities of

the committee and districts and to distribute moneys appropriated by the legislative

assembly for grants to soil conservation districts.

6. To represent the state in matters affecting soil conservation.

7. To require annual reports from districts.

8. To establish uniform accounting methods that must be used by districts, and to

establish a uniform auditing reporting system.

9. To receive from other state and local agencies for review and comment suitable

descriptions of their plans, programs, and activities affecting the conservation of

natural resources for purposes of coordination with district conservation programs;

arrange for and participate in conferences necessary to avoid conflict among such

plans and programs; call attention to omissions; and avoid duplication of effort.
N.D. Cent. Code § 41-12-06 — ND Code / Title 41 / Chapter 41-12 / Section 41-12-06
41-12-06. (12-106) Discharge of account debtor on controllable account or controllable payment intangible
Status: in_force

41-12-06. (12-106) Discharge of account debtor on controllable account or

controllable payment intangible.

1. An account debtor on a controllable account or controllable payment intangible may

discharge its obligation by paying:

a. The person having control of the controllable electronic record that evidences the

controllable account or controllable payment intangible; or

b. Except as provided in subsection 2, a person that formerly had control of the

controllable electronic record.

2. Subject to subsection 4, the account debtor may not discharge its obligation by paying

a person that formerly had control of the controllable electronic record if the account

debtor receives a notification that:

a. Is signed by a person that formerly had control or the person to which control was

transferred;

b. Reasonably identifies the controllable account or controllable payment intangible;

c. Notifies the account debtor that control of the controllable electronic record that

evidences the controllable account or controllable payment intangible was

transferred;

d. Identifies the transferee, in any reasonable way, including by name, identifying

number, cryptographic key, office, or account number; and

e. Provides a commercially reasonable method by which the account debtor is to

pay the transferee.

3. After receipt of a notification that complies with subsection 2, the account debtor may

discharge its obligation by paying in accordance with the notification and may not

discharge the obligation by paying a person that formerly had control.

4. Subject to subsection 8, notification is ineffective under subsection 2:

a. Unless, before the notification is sent, the account debtor and the person that, at

that time, had control of the controllable electronic record that evidences the

controllable account or controllable payment intangible agree in a signed record

to a commercially reasonable method by which a person may furnish reasonable

proof that control has been transferred;

b. To the extent an agreement between the account debtor and seller of a payment

intangible limits the account debtor's duty to pay a person other than the seller

and the limitation is effective under law other than this chapter; or

c. At the option of the account debtor, if the notification notifies the account debtor

to:

(1) Divide a payment;

(2) Make less than the full amount of an installment or other periodic payment;

or

(3) Pay any part of a payment by more than one method or to more than one

person.

5. Subject to subsection 8, if requested by the account debtor, the person giving the

notification under subsection 2 seasonably shall furnish reasonable proof, using the

method in the agreement referred to in subdivision a of subsection 4, that control of

the controllable electronic record has been transferred. Unless the person complies

with the request, the account debtor may discharge its obligation by paying a person

that formerly had control, even if the account debtor has received a notification under

subsection 2.

6. A person furnishes reasonable proof under subsection 5 that control has been

transferred if the person demonstrates, using the method in the agreement referred to

in subdivision a of subsection 4, that the transferee has the power to:

a. Avail itself of substantially all the benefit from the controllable electronic record;

b. Prevent others from availing themselves of substantially all the benefit from the

controllable electronic record; and

c. Transfer the powers specified in subdivisions a and b to another person.

7. Subject to subsection 8, an account debtor may not waive or vary its rights under

subdivision a of subsection 4 and subsection 5 or its option under subdivision c of

subsection 4.

8. 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.
N.D. Cent. Code § 41-03-07 — ND Code / Title 41 / Chapter 41-03 / Section 41-03-07
41-03-07. (3-107) Instrument payable in foreign money
Status: in_force

41-03-07. (3-107) Instrument payable in foreign money

Unless the instrument otherwise provides, an instrument that states the amount payable in

foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated

by using the current bank-offered spot rate at the place of payment for the purchase of dollars

on the day on which the instrument is paid.
N.D. Cent. Code § 4.1-58-52 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-52
4.1-58-52. Commissioner's authority - Warehouseman - Trust assets
Status: in_force

4.1-58-52. Commissioner's authority - Warehouseman - Trust assets

Upon the commissioner's determination continued operation of a warehouseman is likely to

result in probable loss of assets to receiptholders, the commissioner may immediately suspend,

close, or take control of the assets held in a trust fund described in section 4.1-58-45, or take

any combination of these actions as the commissioner deems necessary to begin an orderly

liquidation of those trust fund assets as provided in this chapter.
N.D. Cent. Code § 4.1-59-19 — ND Code / Title 4.1 / Chapter 4.1-59 / Section 4.1-59-19
4.1-59-19. Federal grades to control - Grades to be posted
Status: in_force

4.1-59-19. Federal grades to control - Grades to be posted

1. A grain buyer shall purchase grain, except dry edible beans, in accordance with the

official grades established by the secretary of agriculture of the United States, except

as otherwise provided in applicable rules and regulations adopted by federal officials

pursuant to law.

2. A grain buyer of dry edible beans shall purchase and deliver beans in accordance with

the buyer's policy, which must be filed with the commissioner and, if applicable, posted

in a conspicuous place in the buyer's facility.

3. Other grading standards may be used if mutually agreed to in writing by the grain

buyer and the owner of the grain. However, the owner may demand the use of federal

grading standards.

4. After hearing, the commissioner may prohibit the use of nonfederal grades.
N.D. Cent. Code § 41-02-41 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-41
41-02-41. (2-324) No arrival, no sale term
Status: in_force

41-02-41. (2-324) No arrival, no sale term

Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed:

1. The seller must properly ship conforming goods and if they arrive by any means the

seller must tender them on arrival but the seller assumes no obligation that the goods

will arrive unless the seller has caused the nonarrival; and

2. If without fault of the seller the goods are in part lost or have so deteriorated as no

longer to conform to the contract or arrive after the contract time, the buyer may

proceed as if there had been casualty to identified goods (section 41-02-76).
N.D. Cent. Code § 4.1-56-09 — ND Code / Title 4.1 / Chapter 4.1-56 / Section 4.1-56-09
4.1-56-09. Assessment
Status: in_force

4.1-56-09. Assessment

1. The governance committee may impose an assessment at a rate determined by the

committee, but not exceeding two and one-half cents per hundredweight

[45.36 kilograms] on all seed potatoes produced within the control area.

2. Any person producing seed potatoes within the control area shall pay the assessment

at the time and in the manner required by the governance committee.
N.D. Cent. Code § 4.1-20-27 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-27
4.1-20-27. Two-thirds voter approval required to adopt ordinance - Effect of ordinance after adoption
Status: in_force

4.1-20-27. Two-thirds voter approval required to adopt ordinance - Effect of ordinance

after adoption.

An ordinance under this chapter does not become effective unless it is approved by at least

two-thirds of the qualified electors voting on the question. If a proposed ordinance is approved,

the supervisors shall enact it into law. Land use regulations prescribed in any ordinance adopted

by the supervisors pursuant to this section have the force and effect of law in the district and are

binding and obligatory upon all qualified electors living within the district.
N.D. Cent. Code § 4.1-20-04 — ND Code / Title 4.1 / Chapter 4.1-20 / Section 4.1-20-04
4.1-20-04. Committee - Chairman - Quorum - Compensation
Status: in_force

4.1-20-04. Committee - Chairman - Quorum - Compensation

The committee shall meet annually and select its chairman, who shall serve until a

successor is selected and takes office. An individual may be selected as chairman for a total of

three terms. Additional meetings may be held by the committee as considered necessary by the

chairman, at a time and place to be fixed by the chairman. The chairman shall call special

meetings upon written request of any four members. The members of the committee are entitled

to receive one hundred thirty-five dollars per day as compensation for their services on the

committee, and are entitled to expenses, including traveling expenses, necessarily incurred in

the discharge of their duties on the committee, in the same manner and at the same rate as

prescribed by law for state employees and officials.
N.D. Cent. Code § 4.1-58-35 — ND Code / Title 4.1 / Chapter 4.1-58 / Section 4.1-58-35
4.1-58-35. Grain to be kept insured for benefit of owner by warehouseman
Status: in_force

4.1-58-35. Grain to be kept insured for benefit of owner by warehouseman

A public warehouseman license is not effective unless all grain in storage or on deposit in

the warehouse is kept fully insured at the expense of the warehouseman for the benefit of the

owner at the current market value of the grain against loss by fire, lightning, internal explosion,

windstorm, cyclone, tornado, and other risks of direct physical loss as provided by the insurer in

a policy approved by the insurance commissioner. An insurance policy covering grain in a public

warehouse may not be transferred or assigned to any person for any purpose, except for grain

that is not on warehouse receipt or deposit. The insurance policy must be continuous and may

only be canceled in accordance with section 4.1-58-36.
N.D. Cent. Code § 41-08-26 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-26
41-08-26. (8-210) Overissue
Status: in_force

41-08-26. (8-210) Overissue

1. In this section, "overissue" means the issue of securities in excess of the amount the

issuer has corporate power to issue, but an overissue does not occur if appropriate

action has cured the overissue.

2. Except as otherwise provided in subsections 3 and 4, the provisions of this chapter

which validate a security or compel its issue or reissue do not apply to the extent that

validation, issue, or reissue would result in overissue.

3. If an identical security not constituting an overissue is reasonably available for

purchase, a person entitled to issue or validation may compel the issuer to purchase

the security and deliver it if certificated or register its transfer if uncertificated against

surrender of any security certificate the person holds.

4. If a security is not reasonably available for purchase, a person entitled to issue or

validation may recover from the issuer the price the person or the last purchaser for

value paid for it with interest from the date of the person's demand.
N.D. Cent. Code § 4.1-37-02 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-02
4.1-37-02. Definitions
Status: in_force

4.1-37-02. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Anhydrous ammonia storage facility" means a bulk anhydrous ammonia storage

facility with a capacity exceeding six thousand gallons [22712.47 liters] which is owned

or operated by a user or vendor of anhydrous ammonia.

2. "Mobile storage container" means a United States department of transportation class

MC-331 cargo tank, or an American society of mechanical engineers code constructed

and national board registered mobile storage container, approved by the United States

department of transportation, used for the temporary storage of anhydrous ammonia to

be downloaded into a nurse tank.
N.D. Cent. Code § 4.1-16-08 — ND Code / Title 4.1 / Chapter 4.1-16 / Section 4.1-16-08
4.1-16-08. Apiary location - Notification
Status: in_force

4.1-16-08. Apiary location - Notification

1. Before placing or locating hives in this state, a beekeeper shall notify the agriculture

commissioner of:

a. (1) The location of each apiary to the nearest section, quarter section, township,

and range, and, if within the corporate limits of a city, the number or name of

the lot, block, and addition in the city; or

(2) The location of each apiary using satellite navigation system coordinates;

and

b. The name of the person who owns or leases the property on which the apiary is

located.

2. The notification required by this section may be provided to the commissioner in

written or in electronic format.
N.D. Cent. Code § 41-07-22 — ND Code / Title 41 / Chapter 41-07 / Section 41-07-22
41-07-22. (7-306) Altered bills of lading
Status: in_force

41-07-22. (7-306) Altered bills of lading

An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable

according to its original tenor.
N.D. Cent. Code § 4.1-25-05 — ND Code / Title 4.1 / Chapter 4.1-25 / Section 4.1-25-05
4.1-25-05. Statement of business operations or financial condition - Filing - Review by Bank of North Dakota - Confidential - Audited
Status: in_force

4.1-25-05. Statement of business operations or financial condition - Filing - Review by

Bank of North Dakota - Confidential - Audited.

Each applicant for a license under section 4.1-25-02 who purchases milk from a dairy

producer annually shall file with the department an audited financial statement prepared by an

independent certified public accountant or licensed public accountant in accordance with

generally accepted accounting practices and principles, verified by the accountant as accurately

representing business operations and financial conditions of the applicant for which the

statement is rendered, prepared as of the close of the most recent fiscal year of the applicant. In

lieu of filing an audited financial statement, an applicant may file other forms of security as

provided in section 4.1-25-06. All audited financial statements must be reviewed by the Bank of

North Dakota. All statements under this section are confidential and not open for public

inspection. The department may require additional statements to be audited by a certified public

accountant or a licensed public accountant.
N.D. Cent. Code § 4.1-53-31 — ND Code / Title 4.1 / Chapter 4.1-53 / Section 4.1-53-31
4.1-53-31. Flower seed - Label requirements - Treated seed
Status: in_force

4.1-53-31. Flower seed - Label requirements - Treated seed

1. In addition to any other requirements set forth in this chapter, if the flower 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 the

substance used in the treatment.

a. If the substance with which the flower 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.

b. 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.

c. 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 on that

particular seed.

2. The information required by this section may be placed on a separate label.
N.D. Cent. Code § 4.1-19-06 — ND Code / Title 4.1 / Chapter 4.1-19 / Section 4.1-19-06
4.1-19-06. Egg dealers to be registered - Exemption
Status: in_force

4.1-19-06. Egg dealers to be registered - Exemption

1. All eggs sold or offered for sale other than to an end consumer in this state must be

candled, labeled, and meet all other requirements as the commissioner deems

necessary. All eggs sold or offered for sale to an end consumer are exempt from this

requirement.

2. The agriculture commissioner may adopt appropriate rules under chapter 28-32 to

provide for registration of egg dealers and standards for candling, grading, and

inspecting eggs as to size, quality, purity, strength, holding requirements,

transportation, labeling, and sanitation in conformity with United States department of

agriculture regulations governing the grading and inspecting of eggs.
N.D. Cent. Code § 41-08-37 — ND Code / Title 41 / Chapter 41-08 / Section 41-08-37
41-08-37. (8-404) Wrongful registration
Status: in_force

41-08-37. (8-404) Wrongful registration

1. Except as otherwise provided in section 41-08-39, an issuer is liable for wrongful

registration of transfer if the issuer has registered a transfer of a security to a person

not entitled to it, and the transfer was registered:

a. Pursuant to an ineffective endorsement or instruction;

b. After a demand that the issuer not register transfer became effective under

subsection 1 of section 41-08-36 and the issuer did not comply with subsection 2

of section 41-08-36;

c. After the issuer had been served with an injunction, restraining order, or other

legal process enjoining it from registering the transfer, issued by a court of

competent jurisdiction, and the issuer had a reasonable opportunity to act on the

injunction, restraining order, or other legal process; or

d. By an issuer acting in collusion with the wrongdoer.

2. An issuer that is liable for wrongful registration of transfer under subsection 1 on

demand shall provide the person entitled to the security with a like certificated or

uncertificated security, and any payments or distributions that the person did not

receive as a result of the wrongful registration. If an overissue would result, the

issuer's liability to provide the person with a like security is governed by section

41-08-26.

3. Except as otherwise provided in subsection 1 or in a law relating to the collection of

taxes, an issuer is not liable to an owner or other person suffering loss as a result of

the registration of a transfer of a security if registration was made pursuant to an

effective endorsement or instruction.
N.D. Cent. Code § 41-02-19 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-19
41-02-19. (2-302) Unconscionable contract or clause
Status: in_force

41-02-19. (2-302) Unconscionable contract or clause

1. If the court as a matter of law finds the contract or any clause of the contract to have

been unconscionable at the time it was made, the court may refuse to enforce the

contract, or it may enforce the remainder of the contract without the unconscionable

clause, or it may so limit the application of any unconscionable clause as to avoid any

unconscionable result.

2. When it is claimed or appears to the court that the contract or any clause thereof may

be unconscionable, the parties shall be afforded a reasonable opportunity to present

evidence as to its commercial setting, purpose, and effect to aid the court in making

the determination.
N.D. Cent. Code § 4.1-03-06 — ND Code / Title 4.1 / Chapter 4.1-03 / Section 4.1-03-06
4.1-03-06. Quorum
Status: in_force

4.1-03-06. Quorum

A majority of the commission's voting members constitutes a quorum for the transaction of

business.
N.D. Cent. Code § 4.1-01-25 — ND Code / Title 4.1 / Chapter 4.1-01 / Section 4.1-01-25
4.1-01-25. Regional livestock development and planning program - Grants
Status: in_force

4.1-01-25. Regional livestock development and planning program - Grants

1. The commissioner shall administer a grant program to assist counties and regional

planning councils, as defined in chapter 54-40.1, for livestock development planning. A

county or a regional planning council may submit an application for assistance under

this section to the commissioner.

2. The commissioner shall award grants to counties and regional planning councils for

purposes of coordinating strategic planning and accommodating and encouraging

investment in livestock production. Grants shall be awarded for the following activities:

a. Identification of suitable locations for rural economic development, including

animal feeding operations, agricultural processing and storage facilities, and

other agricultural-related development. The following factors must be considered

when identifying suitable locations for rural economic development:

(1) Local zoning and land use regulations;

(2) State permitting requirements; and

(3) Availability of infrastructure and natural resources necessary to

accommodate rural economic development projects.

b. Review and updating of township zoning and land use regulations.

3. Grants awarded under this section may not exceed:

a. Up to twelve thousand dollars for every county included in an application for

activities described in subdivision a of subsection 2.

b. Up to five hundred dollars for every township included in an application for

activities described in subdivision b of subsection 2.

4. Any information created, collected, or maintained by the commissioner which identifies

individual parcels of land for rural economic development is confidential and not

subject to the open records requirements of section 44-04-18.
N.D. Cent. Code § 41-02-93 — ND Code / Title 41 / Chapter 41-02 / Section 41-02-93
41-02-93. (2-714) Buyer's damages for breach in regard to accepted goods
Status: in_force

41-02-93. (2-714) Buyer's damages for breach in regard to accepted goods

1. When the buyer has accepted goods and given notification (subsection 3 of section

41-02-70), the buyer may recover as damages for any nonconformity of tender the

loss resulting in the ordinary course of events from the seller's breach as determined in

any manner which is reasonable.

2. The measure of damages for breach of warranty is the difference at the time and place

of acceptance between the value of the goods accepted and the value they would

have had if they had been as warranted, unless special circumstances show proximate

damages of a different amount.

3. In a proper case, any incidental and consequential damages under section 41-02-94

may also be recovered.
N.D. Cent. Code § 41-05-12 — ND Code / Title 41 / Chapter 41-05 / Section 41-05-12
41-05-12. (5-112) Transfer of letter of credit
Status: in_force

41-05-12. (5-112) Transfer of letter of credit

1. Except as otherwise provided in section 41-05-13, unless a letter of credit provides

that it is transferable, the right of a beneficiary to draw or otherwise demand

performance under a letter of credit may not be transferred.

2. Even if a letter of credit provides that it is transferable, the issuer may refuse to

recognize or carry out a transfer if:

a. The transfer would violate applicable law; or

b. The transferor or transferee has failed to comply with any requirement stated in

the letter of credit or any other requirement relating to transfer imposed by the

issuer which is within the standard practice referred to in subsection 5 of section

41-05-08 or is otherwise reasonable under the circumstances.
N.D. Cent. Code § 41-09-46.1 — ND Code / Title 41 / Chapter 41-09 / Section 41-09-46.1
41-09-46.1. (9-326A) Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible
Status: in_force

41-09-46.1. (9-326A) Priority of security interest in controllable account, controllable

electronic record, and controllable payment intangible.

A security interest in a controllable account, controllable electronic record, or controllable

payment intangible held by a secured party having control of the account, electronic record, or

payment intangible has priority over a conflicting security interest held by a secured party that

does not have control.
N.D. Cent. Code § 4.1-23-09 — ND Code / Title 4.1 / Chapter 4.1-23 / Section 4.1-23-09
4.1-23-09. Authority for compensation
Status: in_force

4.1-23-09. Authority for compensation

The commissioner may authorize the payment of reasonable compensation to growers in

infested areas for not planting host crops pursuant to instructions issued by the commissioner

prior to the planting season, for losses resulting from the destruction of any regulated articles. A

payment may not be authorized for the destruction of regulated articles moved in violation of

any rule or any host planted contrary to instructions issued by the commissioner. Any

compensation payment program authorized by the commissioner must be approved by the

legislative assembly.
N.D. Cent. Code § 41-01-24 — ND Code / Title 41 / Chapter 41-01 / Section 41-01-24
41-01-24. (1-310) Subordinated obligations
Status: in_force

41-01-24. (1-310) Subordinated obligations

An obligation may be issued as subordinated to performance of another obligation of the

person obligated, or a creditor may subordinate the creditor's right to performance of an

obligation by agreement with either the person obligated or another creditor of the person

obligated. Subordination does not create a security interest as against either the common

debtor or a subordinated creditor.
N.D. Cent. Code § 4.1-18.1-04.4 — ND Code / Title 4.1 / Chapter 4.1-18.1 / Section 4.1-18.1-04.4
4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers
Status: in_force

4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers

1. A person may only sell hemp and hemp commodities or products allowed under this

chapter. All hemp and hemp commodities or products must undergo testing and report

in a certificate of analysis and in the product label the testing results of the total

tetrahydrocannabinol concentration amount. The certificate of analysis must be made

available to the commissioner upon request.

2. A person may not sell hemp, or hemp commodities or products that contain chemically

derived cannabinoids or delta-8 tetrahydrocannabinol.

3. All other cannabis- or hemp-derived products that are not allowable hemp

commodities or products under this chapter must be regulated in accordance with

4. All hemp commodities or products sold pursuant to this section must comply with all

product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C.

9 et seq.] and related administrative rules, both the Act and rules incorporated by

reference.

5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by

reference, non-food and drug administration approved hemp-derived products may not

be sold as dietary supplements, food or beverage products, or marketed with medical

claims.
N.D. Cent. Code § 4.1-37-07 — ND Code / Title 4.1 / Chapter 4.1-37 / Section 4.1-37-07
4.1-37-07. Pressure relief devices
Status: in_force

4.1-37-07. Pressure relief devices

Bulk storage containers constructed according to the American society of mechanical

engineers code, and all nurse tanks, must be equipped with pressure relief valves constructed

according to the American society of mechanical engineers code and capacity certified by the

national board of boiler and pressure vessel inspectors. A pressure relief valve using

nonmetallic seats must be replaced every five years with a new valve meeting the standards

specified in this section. A pressure relief valve using metallic seats must be tested, and

repaired if deemed necessary, every five years in lieu of replacement. Repairs deemed

necessary must be made by the valve manufacturer or by a safety valve repair organization

having a valid "VR" certificate of authorization for the repairs from the national board of boiler

and pressure vessel inspectors.