reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-05 - Fees

Current through Supplement No. 393, July, 2024
1. An eligible producer, processor,
				manufacturer, nonprofit organization, or business will pay an annual fee for
				the use of the logo at a rate to be determined by the department .
2. An eligible trade association, commodity
				council, or educational institution will pay an annual fee for the use of the
				logo as determined by the department.
3.
The income from the fees collected by the department will be
				  used by the department in the development of programs to promote recognition
				  and awareness of the logo among the consuming public.
4. A voluntary advisory council of seven
				members will be appointed by the commissioner to advise the department
				regarding issues related to the pride of Dakota program. Members of the
				advisory council may not receive any compensation for their services on the
				council, but are entitled to be reimbursed for their expenses incurred in
				performing their duties in the amounts provided by law for state employees.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 4.1-01-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-06 - Authorization

Current through Supplement No. 393, July, 2024
1. Authorization from the department to use
				the logo depends upon approval of an application by the commissioner and
				extends Members of the advisory council may not receive any compensation for
				their services on the council, but are entitled to be reimbursed for their
				expenses incurred in performing.
2.
Authorized users will receive a certificate of authorization
				  to use the logo which they may display in their place of business. Reproduction
				  proofs of the logo will be furnished to authorized users.
3. The department will advise and assist any
				authorized user of the logo with respect to the size of the logo, its color,
				its placement on packages, or similar matters, as requested. There may be no
				alteration in design, color, or makeup of the logo without prior written
				approval of the commissioner.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 4.1-01-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-07 - Renewal of authorization

Current through Supplement No. 393, July, 2024
1. The
				department shall notify authorized users of the logo of the January first
				renewal date six weeks prior to the expiration of their authorization to use
				the logo.
2. Authorization to use
				the logo may be renewed if reapplication, including any changes in information
				provided with the previous application, is made on forms provided by the
				department and approval is granted by the commissioner.
3. Renewal of authorization may be denied at
				the discretion of the commissioner .
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 4.1-01-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-08 - Promotional use of the logo [Repealed]

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 4-01-19; S.L. 1985, Ch. 748; S.L.
					 1985, Ch. 1, Subdiv. 13
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-09 - Improper use

Current through Supplement No. 393, July, 2024
Improper use includes
1. Use on products not created, produced,
				processed, or manufactured in whole or in part withinthe boundaries of North
				Dakota;
2. Allowing the use of the
				logo by another person who is not an authorized user Authorization to use the
				logo is nontransferrable;
3. Using
				the logo without prior approval of the commissioner; or
4. Any use which the commissioner determines
				to be ineligible.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 4.1-01-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-10 - Enforcement

Current through Supplement No. 393, July, 2024
1.
Investigation and
				revocation.
If the commissioner has reason to believe there is improper
				use of the logo, the commissioner may investigate the use to determine whether
				improper use has occurred. After investigation, the commissioner may revoke
				authorization or refuse to grant or renew authorization to use the logo if the
				commissioner determines that improper use has occurred.
2.
Civil action.
When an
				investigation by the commissioner reveals improper use of the logo is occurring
				or has occurred, the commissioner may seek injunctive relief or seek to apply
				other appropriate legal remedies in a court of competent
				jurisdiction.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 4-01-19; S.L. 1985, Ch. 748; S.L.
					 1985, Ch. 1, Subdiv. 13
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-11 - No warranty of quality

Current through Supplement No. 393, July, 2024
Use of the logo does not represent a warranty by the
				  department of any kind, expressed or implied, about the quality of the product
				  on which the logo appears. Authorized use of the logo means only that the
				  product has been approved to use the logo as a product that was created,
				  produced, processed, or manufactured in whole, or in part, within the
				  boundaries of North Dakota, and that the authorized user, and not the
				  department, represents that the product meets all applicable minimum legal
				  requirements for creating, producing, processing, or manufacturing the product
				  in North Dakota.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 4-01-19; S.L. 1985, Ch. 748; S.L.
					 1985, Ch. 1, Subdiv. 13
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-12 - Compliance with other law

Current through Supplement No. 393, July, 2024
Compliance with the rules of this chapter does not exempt any
				  business producer, processor, or manufacturer from complying with other
				  applicable statues and rules relating to any product, including the labeling
				  requirements of any product.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 4-01-19; S.L. 1985, Ch. 748; S.L.
					 1985, Ch. 1, Subdiv. 13
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-01 - Definitions › Section 7-10-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Antisiphon device" means any equipment effectively
				  designed and constructed to prevent the backflow of an injected chemical into
				  any water supply.
2. "Check valve" means a device effectively designed and
				  constructed to provide positive closure which effectively prohibits the flow of
				  material in the opposite direction of normal flow when operation of the
				  irrigation system pumping plant or injection unit fails or is shut down.
3. "Chemical" means any pesticides, fertilizers, or other
				  chemicals applied by chemigation.
4. "Chemigation" includes, but is not limited to, the
				  application of a chemical to agricultural, nursery, and turf sites.
5. "Interlock" means the arrangement or interconnection of
				  the irrigation pumping plant and chemical injection units in such a manner
				  that, in the event of irrigation pump shut down, shut down of the chemical
				  injection units system will occur.
6. "Low pressure drain" means a self-activating device
				  effectively designed and constructed to drain that portion of an irrigation
				  pipeline or any other method of conveyance whose contents could potentially
				  enter the water supply when operation of the irrigation system pumping plant
				  fails or is shut down.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-01,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-01 - Antisiphon devices required

Current through Supplement No. 393, July, 2024
Chemigation may take place in North Dakota, as permitted in
				  statute and rule, only when one of the antisiphon devices of section
				  7-10-02-02 are installed in an
				  irrigation system.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-03 - Inspection port

Current through Supplement No. 393, July, 2024
An inspection port of at least four inches [101.6
				  millimeters] in diameter must be provided to check for malfunctioning of all
				  antisiphon devices. The inspection port can be combined with a mounting of
				  vacuum relief. If an airgap is used, as required by subsection 4 of section
				  7-10-02-02, the system is exempt
				  from the requirement of an inspection port.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-04 - Chemical injection port location

Current through Supplement No. 393, July, 2024
The chemical injection port into the irrigation line must be
				  located downstream of the antisiphon device.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-05 - Backflow prevention in the chemical line

Current through Supplement No. 393, July, 2024
A spring loaded, chemically resistant check valve having a
				  minimum opening pressure of ten pounds per square inch [69 kilopascals] must be
				  located at the injection port of the irrigation system.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-06 - Pressure sensor in the irrigation line

Current through Supplement No. 393, July, 2024
A functional pressure switch must be in the irrigation line.
				  The device must shut down the injection pump in the event flow is lost in the
				  irrigation line.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-07 - Interlock devices

Current through Supplement No. 393, July, 2024
The irrigation pumping plant and chemical injection units
				  must have a functional interlocking mechanism that will ensure that, in the
				  event of irrigation pump shutdown, the injection units will shut
				  down.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-02 - Equipment Requirements › Section 7-10-02-08 - Chemical injection pump

Current through Supplement No. 393, July, 2024
The chemical injection pump must be effectively designed and
				  constructed of materials that are compatible with the chemicals being injected
				  into the irrigation system. The pump must be effectively designed and
				  constructed to prevent any leakage. The pump must have a means of being
				  calibrated for accurate chemical metering. The pump must be capable of being
				  fitted with a system interlock.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-03 - Operational Requirements › Section 7-10-03-01 - Inspection and maintenance of equipment

Current through Supplement No. 393, July, 2024
The operator of the system will be responsible for keeping
				  the system in good operating condition, including determining that the
				  chemigation and safety equipment is operating properly before injecting
				  chemical into the irrigation system.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-03 - Operational Requirements › Section 7-10-03-02 - Calibration

Current through Supplement No. 393, July, 2024
The operator of the irrigation system is responsible for the
				  proper calibration of the system prior to starting the injection of chemical
				  into the irrigation system.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-03 - Operational Requirements › Section 7-10-03-03 - Product labeling

Current through Supplement No. 393, July, 2024
1. The operator of
				the system is responsible for following all chemical product label
				requirements.
2. All bulk
				pesticides used in chemigation, whether in concentrated or diluted form, must
				be clearly labeled with their identity and directions for use.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-10 - Chemigation Regulations › Chapter 7-10-03 - Operational Requirements › Section 7-10-03-04 - Posting

Current through Supplement No. 393, July, 2024
Posting of warning signs as specified on the label of the
				  chemical product being used at the time of application is required. The
				  operator of the irrigation system is responsible for such
				  posting.
General Authority: NDCC
					 4-35.1-03
Law Implemented: NDCC
					 4-35.1-02,
					 4-35.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Check" means any crack in the exterior
				shell of an egg. Sometimes called cracked eggs.
2. "Department" means the department of
				agriculture.
3. "Destination" means
				the point other than the place of origin where eggs are offered for
				sale.
4. "Dirties" means eggs that
				have an unbroken shell with adhering dirt or other foreign material.
5. "Egg inspector" means an employee of the
				state of North Dakota authorized by the commissioner of agriculture,
				responsible for performing inspections pursuant to these rules.
6. "Leaker" means an egg that has a crack or
				break in the shell and shell membranes to the extent the egg contents are
				exposed or are exuding or free to exude through the shell.
7. "Small commercial flock" means a flock of
				up to three thousand laying hens.
8. "Washed eggs" means eggs which are washed
				and candled but are not graded to size. Grade B tolerances for checks will be
				allowed on these eggs.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-02 - Licenses - Application for licenses

Current through Supplement No. 393, July, 2024
Application for licenses must be made on forms provided by
				  the commissioner of agriculture.
1.
Egg dealer's license.
Every person who wants access to commercial
				egg markets, engaged in the business of producing eggs shall first apply to and
				obtain from the department of agriculture an egg dealer's license. Licenses
				must be issued by the department upon receipt of proper application after
				inspection and approval of premises and equipment by an egg inspector pursuant
				to the rules of this article.
2.
Candler license.
Every person who candles and grades eggs must be
				licensed. Candler or egg grader licenses must be issued after the candler or
				grader shows competence in grading and candling eggs as determined by the
				department of agriculture.
Egg dealer and candler grader licenses are not transferable.
				  New egg dealers or candler graders must possess a license. License fees are ten
				  dollars annually and must be renewed by June first of each
				  year.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-02 - Licenses - Application for licenses

Current through Supplement No. 393, July, 2024
Application for licenses must be made on forms provided by
				  the commissioner of agriculture.
1.
Egg dealer's license.
Every person who wants access to commercial
				egg markets, engaged in the business of producing eggs shall first apply to and
				obtain from the department of agriculture an egg dealer's license. Licenses
				must be issued by the department upon receipt of proper application after
				inspection and approval of premises and equipment by an egg inspector pursuant
				to the rules of this article.
2.
Candler license.
Egg dealer licenses are not transferable. New egg
				dealers must possess a license. License fees are ten dollars annually and must
				be renewed by June first of each year.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-03 - Labeling and sales requirements

Current through Supplement No. 393, July, 2024
1.
Farm flock egg handling requirements.
The farm flock egg handling
				requirements for egg production is a voluntary program.
2.
Temperature.
All eggs held or
				offered for sale must be stored in refrigerated compartments. The temperature
				cannot exceed forty-five degrees Fahrenheit [7.22 degrees Celsius]. This also
				includes temporary storage.
3.
Cartons.
Farm flock eggs offered for sale must be identified with
				the producer's name and address. Either blank cartons can be used or a carton
				with the individual farm name can be made up.
4.
Expiration dates.
All case
				lots of eggs must have a placard bearing the expiration date and producer's
				name. The expiration date cannot exceed twenty-three days from the date of
				washing and sanitizing.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-03 - Labeling and sales requirements

Current through Supplement No. 393, July, 2024
1.
Farm flock egg handling requirements.
The farm flock egg handling
				requirements for egg production is a voluntary program.
2.
Temperature.
All eggs held or
				offered for sale must be stored in refrigerated compartments. The temperature
				cannot exceed forty-five degrees Fahrenheit [7.22 degrees Celsius]. This also
				includes temporary storage.
3.
Cartons.
Farm flock eggs offered for sale must be identified with
				the producer's name and address. Either blank cartons can be used or a carton
				with the individual farm name can be made up. Federal regulations also require
				the following label on all shell eggs.
SAFE HANDLING INSTRUCTIONS:
To prevent illness
				  from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook
				  foods containing eggs thoroughly.
4.
Pack dates.
All cartons must
				display a code indicating the date the eggs were packed. In addition to the
				pack date, the package may display a "use before" or "best before" date, but
				those dates may not exceed forty-five days from the pack date.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-04 - Candling

Current through Supplement No. 393, July, 2024
All eggs being offered for sale must be candled. The
				  equipment must be of a design allowed by the department of agriculture. Hand
				  candling is permissible.
General Authority: NDCC
					 19-07-02
Law Implemented: NDCC
					 19-07-02
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-05 - Egg handling

Current through Supplement No. 393, July, 2024
Eggs being stored before sale must be kept in an area away
				  from objectionable odors. The storage area must be capable of maintaining a
				  temperature of between thirty-three and forty-five degrees Fahrenheit [.55 and
				  7.22 degrees Celsius].
Egg packing materials must be cleaned and well constructed.
				  Only clean, sound, dry flats and cartons must be used. Any carton or flat that
				  is reused must be made of washable material and shall be sanitized before being
				  reused.
Transportation of all eggs to the point of sale must be done
				  in a covered container.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-06 - Egg cleaning

Current through Supplement No. 393, July, 2024
Eggs must be washed either manually or with the aid of
				  automatic cleaning equipment. The entire shell of all eggs must be submerged.
				  After washing the egg, it must be treated with a sanitizing solution and
				  allowed to dry before packing. Clean potable water must be used in the
				  egg-cleaning process. When manually washing eggs, a wash vat can be used with
				  the detergent. Eggs should not be allowed to soak in water. Sanitizers
				  formulated in compliance with 21 Code of Federal Regulations, section 178.1010
				  are acceptable for use in sanitizing shell eggs provided the sanitizers are
				  registered with the federal environmental protection agency and labeled for use
				  on shell eggs.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-06 - Egg cleaning

Current through Supplement No. 393, July, 2024
Eggs must be washed either manually or with the aid of
				  automatic cleaning equipment. The entire shell of all eggs may not be
				  submerged. After washing the egg, it must be treated with a sanitizing solution
				  and allowed to dry before packing. Clean potable water must be used in the
				  egg-cleaning and sanitizing process. When manually washing eggs, a wash vat can
				  be used with the detergent. Eggs should not be allowed to soak in water. The
				  strength of the sanitizing spray must be no less than fifty parts per million
				  nor more than two hundred parts per million of available chlorine or its
				  equivalent. Other sanitizers formulated in compliance with 21 Code of Federal
				  Regulations, section 178.1010 are acceptable for use in sanitizing shell eggs
				  provided the sanitizers are registered with the federal environmental
				  protection agency and labeled for use on shell eggs.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-07 - General requirements

Current through Supplement No. 393, July, 2024
1.
				Farms selling eggs to retailers or other business establishments will need an
				annual water sample.
2. Inspections
				of farm shell egg producers must be annually unless the commissioner of
				agriculture determines more inspections are necessary.
3. Failure to comply with farm shell rules
				may result in revocation of a permit.
4. Farm shell egg producers have the right to
				appeal or request a hearing to reinstate an egg producer permit. The appeal
				process must be started within fifteen business days after permit
				suspension.
5. Farm shell egg
				producers and custom processors, custom hatcheries, and any other persons not
				directly buying or selling live poultry are exempt from North Dakota Century
				Code section
				4-13.2-05.
6. Training for egg candling and grading will
				be provided by the department of agriculture.
7. Buildings housing egg grading and packing
				equipment must meet the following requirements:
a. Be of sound construction to prevent the
				entrance or harborage of vermin.
b.
				Be kept clean during grading and packing operations.
c. Be kept sanitary to prevent contamination
				of eggs during handling.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-07 - General requirements

Current through Supplement No. 393, July, 2024
1. Farms selling
				eggs to retailers or other business establishments will need an annual water
				sample, if supplied by well water.
2. Inspections of farm shell egg producers
				must be annually unless the commissioner of agriculture determines more
				inspections are necessary.
3.
				Failure to comply with farm shell rules may result in revocation of a
				permit.
4. Farm shell egg producers
				have the right to appeal or request a hearing to reinstate an egg producer
				permit. The appeal process must be started within fifteen business days after
				permit suspension.
5. Farm shell
				egg producers and custom processors, custom hatcheries, and any other persons
				not directly buying or selling live poultry are exempt from North Dakota
				Century Code section 4.1-19-04.
6.
				Training for egg candling and grading will be provided by the department of
				agriculture.
7. Buildings housing
				egg grading and packing equipment must meet the following requirements:
a. Be of sound construction to prevent the
				entrance or harborage of vermin.
b.
				Be kept clean during grading and packing operations.
c. Be kept sanitary to prevent contamination
				of eggs during handling.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-11 - Egg Regulations › Chapter 7-11-01 - Farm Flock Egg Handling Requirements › Section 7-11-01-08 - Consumer grades

Current through Supplement No. 393, July, 2024
1.
North Dakota consumer Grade AA at
				origin.
Grade AA eggs at origin must consist of eggs which are at least
				eighty-seven percent AA quality. The thirteen percent below AA quality may be
				in any combination of A or B quality. Not more than five percent checks are
				permitted. Not more than one-half of one percent leakers, dirties, or loss due
				to blood or meat spots in any combination are permitted except the loss may not
				exceed three-tenths of one percent. Other types of loss are not permitted.
				Grade AA eggs at destination may not exceed seven percent checks.
2.
North Dakota consumer Grade A at
				origin.
Grade A eggs at origin must consist of eggs which are at least
				eighty-seven percent A quality or better. Within the thirteen percent which may
				be below A quality, not more than one percent may be B quality due to blood
				spots or serious yolk defects. Grade A eggs must have no more than five percent
				checks. Not more than one-half of one percent may be leakers, dirties, or loss
				due to blood or meat spots in any combination, except that the loss may not
				exceed three-tenths of one percent. Other types of loss are not permitted.
				Grade A eggs at destination may not exceed seven percent checks.
3.
North Dakota consumer Grade B at
				origin.
Grade B eggs at origin must consist of eggs which are ninety
				percent B quality or better. Within the maximum tolerance of ten percent which
				may be below B quality, not more than ten percent may be checks. Not more than
				one-half of one percent may be leakers, dirties, or loss due to blood or meat
				spots in any combination, except that the loss shall not exceed three-tenths of
				one percent. Other types of loss are not permitted. Grade B eggs at destination
				cannot exceed quality factors set at the place of origin.
General Authority:
NDCC 4.1-19-06
Law Implemented:
NDCC
					 4.1-19-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-01 - Adoption of standards

Current through Supplement No. 393, July, 2024
1. The American
				national standard safety requirements for the storage and handling of anhydrous
				ammonia ANSI/CGA G-2.1-2014 is hereby adopted; except section 5.7.10.
2. The 2017 edition of the American society
				of mechanical engineers boiler and pressure vessel code, section II; section V;
				section VIII, division 1; and section IX are hereby adopted and incorporated by
				reference as a part of this article.
3. The 2017 edition of the national board
				inspection code, an American national standard, is hereby adopted and
				incorporated by reference as a part of this article.
4. The American society for nondestructive
				testing standard "SNT-TC-1A" is hereby adopted and incorporated by reference as
				a part of this article.
5. The 2016
				edition of ASME B31.3, the American national standard for chemical plant and
				petroleum refinery piping, is hereby adopted and incorporated by reference as a
				part of this article.
6. The 2016
				edition of ASME B31.5, the American national standard for refrigeration piping,
				is hereby adopted and incorporated by reference as a part of this
				article.
7. The American petroleum
				institute standard 620, recommended rules for design and construction of large,
				welded, low-pressure storage tanks, is hereby adopted and incorporated by
				reference as a part of this article.
General Authority:
NDCC 4.1-37-01
Law Implemented:
NDCC
					 4.1-37-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-03 - Administration and enforcement

Current through Supplement No. 393, July, 2024
1. The
				administration and enforcement of North Dakota Century Code chapter 4.1-37 and
				this chapter is the responsibility of the agriculture commissioner.
2. The agriculture commissioner shall conduct
				initial and periodic inspection of anhydrous ammonia storage facilities to
				verify compliance with this chapter and any rules adopted under this
				chapter.
3. Owners, users, or
				vendors of new installations made will not be issued an operator's license
				until the completed anhydrous ammonia storage facility site has been inspected
				by the agriculture commissioner and complies with this chapter and North Dakota
				Century Code chapter 4.1-37.
4.
				Owners, users, or vendors of anhydrous ammonia must notify the agriculture
				commissioner of storage containers to be used in North Dakota or brought into
				the state for temporary purposes.
5. Containers found, after inspection, to be
				defective or otherwise unsafe to operate, or disqualified by legal
				requirements, must be rejected by the agriculture commissioner, who may order
				the container immediately depressurized and taken out of service.
6. Defective conditions not posing an
				immediate hazard, noted during initial and periodic inspections, must be
				corrected in a timely manner. The time allowed for corrections to take place
				will be at the discretion of the agriculture commissioner.
7. Operating licenses must be posted in a
				conspicuous place at the plant or office of the owner, user, or vendor and
				available for inspection during regular business hours.
8. Anyone spilling one hundred pounds [45.36
				kilograms] or more of anhydrous ammonia must report this as soon as possible to
				the national response center at 1-800-424-8802, to the North Dakota department
				of emergency services at 701-328-9921, and to the appropriate county emergency
				manager.
9. The agriculture
				commissioner may require compliance with any local siting requirements for the
				issuance or maintenance of an operating license.
General Authority:
NDCC 4.1-37-01
Law Implemented:
NDCC
					 4.1-37-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-04 - General requirements

Current through Supplement No. 393, July, 2024
1.
Frequency of inspection.
Existing anhydrous ammonia storage
				facilities must be inspected once every five years by the agriculture
				commissioner. New anhydrous ammonia storage facilities must be inspected by the
				agriculture commissioner prior to any license being issued, and at an interval
				of once every five years thereafter.
2.
Minimum requirements for new storage
				containers other than refrigerated storage containers.
a. American society of mechanical engineers
				constructed and so stamped;
b.
				National board registered;
c. Metal
				specified tensile strength not exceeding seventy thousand pounds per square
				inch [482636 kilopascals];
d. Head
				and shell materials for storage containers made in accordance with fine grain
				practice;
e. All welds postweld
				heat treated after construction, for all storage containers . An implement of
				husbandry does not require postweld heat treatment if the implement is
				fabricated with hot formed heads or with cold formed heads that have been
				stress relieved; and
f. Storage
				containers exceeding six thousand water gallons [22712.4 liters] in capacity
				must be equipped with a manhole opening.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-05 - Specific requirements for nonrefrigerated anhydrous ammonia storage facilities

Current through Supplement No. 393, July, 2024
1.
Facility
				siting requirements:
a. The siting of
				the facility must comply with North Dakota Century Code section 4.1-37-05 and
				this compliance must be verified by the agriculture commissioner.
b. The facility must be properly licensed by
				the board of county commissioners in which the facility is located and by the
				agriculture commissioner.
c. The
				facility must be accessible to emergency vehicles at all times.
d. A facility identification sign must be
				displayed stating the name, the 911 address, and telephone number of the
				nearest representative, agent, or owner. An emergency telephone number must
				also be displayed. This sign must be posted near the entrance of the facility.
				Letters must be at least two inches [50.8 millimeters] high, and the sign
				visible from no less than fifty feet [15.24 meters].
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-06 - Specific requirements for nurse tanks

Current through Supplement No. 393, July, 2024
1. The ASME manufacturer's data report must
				be provided, if requested by the agriculture commissioner, should repairs or
				alterations become necessary.
2.
				The container must be ASME constructed, if installed after November 1,
				1987.
3. The container must be
				national board registered, if installed after November 1, 1987.
4. The data plate must be readable and not
				painted over or obscured.
5. The
				condition of the paint shall be such that no more than ten percent of the tank
				surface is corroded or missing paint. Tanks must be painted white or
				aluminum.
6. Container markings and
				decals must meet the requirements of ANSI/CGA G-2.1-2014:
a. "1005" department of transportation decal
				must be in place on sides and heads.
b. "ANHYDROUS AMMONIA" decal must be in place
				on sides and heads.
c. "INHALATION
				HAZARD" decal must be in place on each side.
d. Legible transfer and safety decals must be
				in place.
e. A legible decal
				depicting first-aid procedures to follow if injured by ammonia.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-07 - Documented training

Current through Supplement No. 393, July, 2024
1. Any person handling, transferring,
				transporting, or otherwise working with anhydrous ammonia at anhydrous ammonia
				storage facilities must be competent in safe operating practices and be able to
				take appropriate actions when faced with minor leaks as well as with emergency
				conditions.
2. Any person making,
				breaking, or testing any ammonia connection, transferring ammonia, or
				performing maintenance or repair on an ammonia system under pressure, at
				anhydrous ammonia storage facilities, must wear protective gloves and chemical
				splash goggles.
3. Documented
				training must occur initially and then at intervals of not less than once per
				year for those persons handling, transferring, transporting, or otherwise
				working with anhydrous ammonia at anhydrous ammonia storage facilities.
				Documentation must consist of signed forms indicating the type of training, the
				date the training occurred, the persons trained, and the supervisor or training
				coordinator. Signed forms must be kept on file for at least three years and
				made available for review by the agriculture commissioner during normal
				business hours.
4. Training may
				include audio and video media, demonstrations and lectures, but must include
				actual hands-on training for those persons initially required to handle,
				transfer, transport, or otherwise work with ammonia at anhydrous ammonia
				storage facilities. The type and amount of training must be consistent with the
				duties and responsibilities of the person at a particular storage facility.
				Personnel must be trained for and designated to act in emergency
				conditions.
General Authority:
NDCC
					 19-20.2-01
Law Implemented:
NDCC
					 19-20.2-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-01 - Anhydrous Ammonia Standards › Section 7-12-01-08 - Requirements for downloading anhydrous ammonia from a mobile storage container into a nurse tank

Current through Supplement No. 393, July, 2024
1. Cargo tanks used
				as mobile storage containers must have current United States department of
				transportation certification and container labeling and proof of such
				certification must be furnished to the agriculture commissioner initially and
				within thirty days of the recertifications required by the department of
				transportation.
2. Adequately
				sized wheel chocks must be used to prevent movement of both nurse tanks and
				cargo tanks prior to the start of any transfer operations.
3. Cargo tanks must have all safety equipment
				required by ANSI/CGA G-2.1-2014:
a. At least
				five gallons [18.93 liters] of clean water in a container;
b. One pair of protective gloves impervious
				to ammonia;
c. A full facepiece gas
				mask with an ammonia canister and at least one spare canister; and
d. Chemical splash goggles.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-03 - Risk Management Program for Agricultural Anhydrous Ammonia Facilities › Section 7-12-03-01 - Scope

Current through Supplement No. 393, July, 2024
The requirements of this chapter apply only to agricultural
				  anhydrous ammonia facilities.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 19-20.3
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-03 - Risk Management Program for Agricultural Anhydrous Ammonia Facilities › Section 7-12-03-02 - Incorporation by reference

Current through Supplement No. 393, July, 2024
The provisions of 40 CFR part 68 as they existed on June 30,
				  2011, are incorporated by reference into this chapter, with the following
				  exceptions:
1. Where the term
				"stationary source" appears in 40 CFR part 68, for the purposes of this chapter
				only reference the term "agricultural anhydrous ammonia facility" as defined in
				section 7-12-03-03.
2. Not adopted by reference in 40 CFR section
				68.120.
3. Not adopted by reference
				are 40 CFR section 68.210, and 40 CFR section 68.215.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 19-20.3
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-12 - Anhydrous Ammonia Regulation › Chapter 7-12-03 - Risk Management Program for Agricultural Anhydrous Ammonia Facilities › Section 7-12-03-03 - Definitions

Current through Supplement No. 393, July, 2024
The definitions in 40 CFR part 68 apply to this chapter. The
				  following additional definitions also apply:
1. "Agricultural anhydrous ammonia facility" means any
				  facility that has at least ten thousand pounds [4535 kilograms] of storage
				  capacity and stores anhydrous ammonia intended to be used as a fertilizer or in
				  the manufacturing of a fertilizer.
2. "Fertilizer" means any substance regulated as a fertilizer
				  under North Dakota Century Code chapter 19-20.1.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 19-20.3
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-01 - General Information › Section 7-13-01-01 - History

Current through Supplement No. 393, July, 2024
The first law providing inspection of meat slaughtering and
				  processing facilities was enacted in 1951 as the standards for meat inspection,
				  sanitation, and distribution under North Dakota Century Code chapter
				  36-23 (S.B. No. 201; S.L. 1951, ch.
				  223). In 1969, the existing meat inspection program was repealed because of
				  disorganization caused by the lack of inspector training, inconsistency, and
				  lack of guidance in the regulations (S.B. No. 251; S.L. 1969, ch. 322, §
				  10). It was immediately replaced by the North Dakota Meat Inspection Act under
				  North Dakota Century Code chapter
				  36-23.1 (S.B. No. 251; S.L. 1969,
				  ch. 322, §§ 1-8). This Act made the United States department of
				  agriculture the only agency in North Dakota providing carcass inspection and
				  inspection for meat slaughtering and processing facilities. North Dakota
				  Century Code chapter
				  36-23.1 was repealed in 1991
				  (H.B. No. 1478; S.L. 1991, ch. 377, § 3).
In 1999, House Bill No. 1290 created a state meat inspection
				  program, giving the North Dakota department of agriculture the authority to
				  make rules and implement inspection of meat slaughtering and processing
				  establishments, including custom-exempt plants. The intent of the program is to
				  allow small and medium livestock producers more opportunities to market their
				  animal products and to provide a means for processing alternative or
				  nontraditional livestock. In 2003, Senate Bill No. 2220 added poultry to the
				  program, creating a state meat and poultry inspection
				  program.
General Authority: NDCC
					 36-24-24
Law Implemented: NDCC
					 36-24-24
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-01 - General Information › Section 7-13-01-02 - Inquiries

Current through Supplement No. 393, July, 2024
All inquiries regarding the state meat inspection program
				  should be directed to:
North Dakota Department of Agriculture
Director - Meat Inspection Program
600 East Boulevard Avenue, Dept. 602
Bismarck, ND 58505-0020
Telephone: 701-328-2231
Facsimile: 701-328-4567
E-mail: ndda@state.nd.us
General Authority: NDCC
					 36-24-24
Law Implemented: NDCC
					 36-24-24
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-01 - General Information › Section 7-13-01-03

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 36-24-24
Law Implemented:
NDCC
					 36-24-18,
					 36-24-24
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-01 - General Information › Section 7-13-01-05 - Access authorization

Current through Supplement No. 393, July, 2024
In addition to the access requirements under North Dakota
				  Century Code section
				  36-24-03, the commissioner and any
				  authorized representative shall have access to establishments where carcasses
				  are stored or processed or where animals are slaughtered.
General Authority: NDCC
					 36-24-18,
					 36-24-24
Law Implemented: NDCC
					 36-24-03,
					 36-24-14
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-02 - Registration and Records Requirements › Section 7-13-02-01 - Registration required

Current through Supplement No. 393, July, 2024
Any slaughtering establishment, meat processing
				  establishment, or custom-exempt plant that is required to be inspected pursuant
				  to North Dakota Century Code chapter 36-24 to operate under this chapter must
				  register annually with the department of agriculture on forms approved by the
				  commissioner.
General Authority: NDCC
					 36-24-18,
					 36-24-24
Law Implemented: NDCC
					 36-24-16
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-02 - Registration and Records Requirements › Section 7-13-02-02 - Registration period - Registration number

Current through Supplement No. 393, July, 2024
Registration for slaughter establishments, processing
				  establishments, and custom-exempt plants is valid for one year. All
				  registrations will expire annually on June thirtieth. Each registered
				  establishment will be assigned a number that may not be transferred from one
				  person or establishment to another.
General Authority: NDCC
					 36-24-24
Law Implemented: NDCC
					 36-24-24
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-13 - Meat Inspection › Chapter 7-13-02 - Registration and Records Requirements › Section 7-13-02-03 - Records requirement

Current through Supplement No. 393, July, 2024
Any slaughtering establishment, meat processing
				  establishment, or custom-exempt plant that is required to be inspected pursuant
				  to North Dakota Century Code chapter 36-24 to operate under this chapter must
				  prepare and maintain those records required under title 9, Code of Federal
				  Regulations, parts 320 and 381.
General Authority: NDCC
					 36-24-15
Law Implemented: NDCC
					 36-24-13,
					 36-24-14,
					 36-24-15