reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-05 - Ingredients › Section 7-17-05-01 - Ingredients

Current through Supplement No. 393, July, 2024
1. Each ingredient
				of a pet food or specialty pet food must be listed in the ingredient statement
				as follows:
a. The names of all ingredients
				in the ingredient statement must be shown in letters or type of the same size,
				style, and color, except if the defined name of the ingredient includes genus
				and species (e.g., microorganisms) which may be shown in italics;
b. The ingredients must be listed in
				descending order by their predominance by weight in nonquantitative terms
				except if the ingredient is a vitamin or mineral premix, the premix may be
				declared in order of predominance by the name "vitamins" or "minerals," as
				appropriate, followed by a parenthetical listing of all the vitamins or
				minerals in the premix, each in order of predominance by weight as listed on
				the ingredient statement of the premix label;
c. Ingredients must be listed and identified
				by the name established by AAFCO;
d. An ingredient for which no name and
				definition have been established must be identified by the common or usual name
				of the ingredient;
e. An ingredient
				suitable for use in pet food or specialty pet food for which there is a
				codified standard of identity in title 9 or 21, Code of Federal Regulations
				shall be declared in accordance with the applicable regulation, which includes
				the name of the standardized food followed by a parenthetical listing of its
				ingredients, if necessary, as provided in the regulation;
f. The ingredients "meat," "poultry,"
				"poultry byproducts," or "meat byproducts" must be qualified to designate the
				animal from which the ingredients are derived unless the meat or meat
				byproducts are derived from cattle, swine, sheep, goats, or any combination
				thereof or the poultry or poultry meal are derived from chickens, turkeys,
				ducks, geese, guineas, ratites, or squabs, or any combination thereof. For
				example, ingredients derived from deer shall be listed as "venison" or "venison
				byproducts";
g. For ingredients
				consisting of fish, "fish meal," or "fish byproducts," the name of the
				ingredient may include "fish" without further specification of the type of the
				fish or if it bears a name descriptive of its kind (e.g., "ocean whitefish" or
				by using the acceptable market name or common name, but not any vernacular or
				slang names, of the individual fish species in the ingredient as established by
				the FDA Seafood List), it must correspond thereto; and
h. For purposes of ingredient labeling of pet
				food or specialty pet food, the ingredient "sugar" must refer to sucrose, which
				is obtained from sugar cane or sugar beets in accordance with the provisions in
				title 21, Code of Federal Regulations. For all other labeling purposes outside
				the ingredient list, the term "sugar" is synonymous with "sugars" as defined in
				the official feed terms.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-06 - Drugs and Pet Food Additives › Section 7-17-06-01 - Drugs and pet food additives

Current through Supplement No. 393, July, 2024
1. An
				artificial color may be used in a pet food or specialty pet food only if it has
				been shown to be harmless to pets or specialty pets. The permanent or
				provisional listing of an artificial color in the United States food and drug
				regulations as safe for use, together with the conditions, limitations, and
				tolerances, if any, must be deemed to be satisfactory evidence that the color
				is, when used according to regulations, harmless to pets or specialty
				pets.
2. Evidence may be required
				to prove the safety and efficacy or utility of a pet food or specialty pet food
				that contains additives or drugs, when used according to directions furnished
				on the label. Satisfactory evidence of the safety and efficacy of a pet food or
				specialty pet food may be established:
a. When
				the pet food or specialty pet food contains such additives being used in
				compliance with the requirements of the applicable regulation under title 21,
				Code of Federal Regulations; or
b.
				Which are "prior sanctioned", "informal review sanctioned", or "generally
				recognized as safe" for such use; or
c. When the pet food or specialty pet food
				itself is a drug or contains a drug as defined in subsection 7 of North Dakota
				Century Code section 4.1-41-01 and is "generally recognized as safe and
				effective" for the labeled use or is marketed subject to an application
				approved by the United States food and drug administration under title 21,
				United States code 360(b).
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-07 - Nutritional Adequacy Feeding › Section 7-17-07-01 - Nutritional adequacy

Current through Supplement No. 393, July, 2024
1. The
				label of a pet food or specialty pet food that is intended for all life stages
				and sizes of the pet or specialty pet may include an unqualified claim,
				directly or indirectly, such as "complete and balanced", "perfect", or
				"scientific" if at least one of the following apply:
a. The product meets the nutrient
				requirements for all life stages and sizes established by an association of
				American feed control officials recognized nutrient profile;
b. The product meets the criteria for all
				life stages as substantiated by completion of the appropriate association of
				American feed control officials recognized animal feeding protocol;
				or
c. The product is a member of a
				product family that is nutritionally similar to a lead product that contains a
				combination of ingredients that has been fed to a normal animal as the sole
				source of nourishment in accordance with the testing procedures established by
				association of American feed control officials for all life stages, provided
				that:
(1) The nutritional similarity of the
				family product can be substantiated according to the procedures for
				establishing pet food product families developed by association of American
				feed control officials;
(2) The
				family product meets the criteria for all life stages; and
(3) Under circumstances of reasonable doubt,
				the state control official may require the manufacturer to perform additional
				testing of the family product in order to substantiate the claim of nutritional
				adequacy.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-08 - Directives Statements › Section 7-17-08-01 - Feeding directions

Current through Supplement No. 393, July, 2024
1. Dog or cat food,
				including snacks or treats, labeled as complete and balanced for any or all
				life stages, as provided in these rules, must list feeding directions on the
				product label. These directions must be consistent with the intended use
				indicated in the nutritional adequacy statement, unless a limited use or more
				limited life stage designation is declared elsewhere. These directions must be
				expressed in common terms and must appear prominently on the label. Feeding
				directions, at a minimum, must state, "Feed (unit of product) per (weight) of
				dog or cat." The frequency of feeding also must be specified.
2. When a dog or cat food is intended for use
				by or under the supervision or direction of a veterinarian, the statement "Use
				only as directed by your veterinarian." may be used in lieu of feeding
				directions.
3. Specialty pet food,
				including snacks or treats, labeled as complete and balanced for any or all
				life stages, as provided in these rules, must list feeding directions on the
				product label. These feeding directions must be adequate to meet the nutrient
				requirements of the intended species of specialty pet as recommended by the
				association of American feed control officials recognized nutritional
				authority. These directions must be expressed in common terms and must appear
				prominently on the label. The frequency of feeding also must be
				specified.
General Authority:
NDCC 4.1-41-20
Law Implemented:
NDCC
					 4.1-41-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-09 - Calorie Content Descriptive › Section 7-17-09-01 - Statements of calorie content

Current through Supplement No. 393, July, 2024
1. The label of a dog or cat food, including
				snacks, treats, and supplements, must bear a statement of calorie content and
				meet all of the following:
a. The statement
				must be separate and distinct from the "guaranteed analysis" and appear under
				the heading "calorie content";
b.
				The statement must be measured in terms of metabolizable energy on an "as fed"
				basis and must be expressed both as "kilocalories per kilogram" of product, and
				as kilocalories per familiar household measure (e.g. cups or cans) or unit of
				product; and
c. The calorie content
				is determined by one of the following methods:
(1) By calculation using the following
				"modified atwater" formula: ME(kcal/kg)=10[(3.5 x CP) +(8.5 x CF) + (3.5 x
				NFE)], where:
(a) ME = metabolizable
				energy;
(b) CP = percent crude
				protein as fed;
(c) CF = percent
				crude fat as fed;
(d) NFE = percent
				nitrogen-free extract as fed; and
(e) The percentages of CP and CF are the
				average values of these components in the product as determined by sound
				scientific methods, such as, scientifically accurate calculations made from the
				formula of the product of upon chemical analysis of the product.
(f) The NFE is calculated as the difference
				between one hundred and the sum of CP, CF, and the percentages of crude fiber,
				moisture, and ash determined in the same manner as CP and CF; or
(2) In accordance with a testing
				procedure established by association of American feed control
				officials.
d. An
				affidavit must be provided upon the request of the state control official
				substantiating that the calorie content was determined by:
(1) Paragraph 1 of subdivision c in which
				case the summary data used in the calculation must be included in the
				affidavit.
(2) Paragraph 2 of
				subdivision c in which case the summary data used in the determination of
				calorie content must accompany the affidavit.
e. The calorie content statement must appear
				as one of the following:
(1) The heading
				"calorie content" on the label or other labeling must be followed
				parenthetically by the word "calculated" when the calorie content is determined
				accordance with paragraph 1 of subdivision c; or
(2) The heading "calorie content" on the
				label or other labeling must be followed parenthetically by the word "fed" when
				the calorie content is determined in accordance with paragraph 2 of subdivision
				c.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-10 - Terms Manufacturer › Section 7-17-10-01 - Descriptive terms

Current through Supplement No. 393, July, 2024
1. Calorie
				terms:
a. "Light":
(1) A dog food product that bears on its
				label the terms "light", "lite", "low calorie", or words of similar designation
				must:
(a) Contain no more than three thousand
				one hundred kcal ME/kg for products containing less than twenty percent
				moisture, no more than two thousand five hundred kcal ME/kg for products
				containing twenty percent or more but less than sixty-five percent moisture,
				and no more than nine hundred kcal ME/kg for products containing sixty-five
				percent or more moisture;
(b)
				Include on the label a calorie content statement:
[1] In accordance with the format provided in
				chapter 7-17-09; and
[2] That
				states no more than three thousand one hundred kcal ME/kg for products
				containing less than twenty percent moisture, no more than two thousand five
				hundred kcal ME/kg for products containing twenty percent or more but less than
				sixty-five percent , and no more than nine hundred kcal ME/kg for products
				containing sixty-five percent or more moisture; and
(c) Include on the label feeding directions
				that reflect a reduction in calorie intake consistent with the intended
				use.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-10 - Terms Manufacturer › Section 7-17-10-01 - Descriptive terms

Current through Supplement No. 393, July, 2024
1. Calorie terms:
a. "Light":
(1) A dog food product that bears on its
				label the terms "light", "lite", "low calorie", or words of similar designation
				must:
(a) Contain no more than three thousand
				one hundred kcal ME/kg for products containing less than twenty percent
				moisture, no more than two thousand five hundred kcal ME/kg for products
				containing twenty percent or more but less than sixty-five percent moisture,
				and no more than nine hundred kcal ME/kg for products containing sixty-five
				percent or more moisture; and
(b)
				Include on the label feeding directions that reflect a reduction in calorie
				intake consistent with the intended use.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-11 - Distributor › Section 7-17-11-01 - Manufacturer or distributor; name and address

Current through Supplement No. 393, July, 2024
1. The label of a pet food or specialty pet
				food must specify the name and address of themanufacturer or distributor. The
				statement of the place of business must include the streetaddress, city, state,
				and zip code. The street address may be omitted if the street address isshown
				in a current city directory or telephone directory for the city listed on the
				label.
2. When a person
				manufactures or distributes a pet food or specialty pet food in a place
				otherthan the principal place of business, the label may state the principal
				place of business in lieuof the actual place where each package of such pet
				food or specialty pet food wasmanufactured or packaged or from where each
				package is to be distributed.
General Authority:
NDCC 4.1-41-20
Law Implemented:
NDCC
					 4.1-41-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-11 - Distributor › Section 7-17-11-01 - Manufacturer or distributor; name and address

Current through Supplement No. 393, July, 2024
1. The label of a pet food or specialty pet
				food must specify the name and address of the manufacturer or distributor. The
				statement of the place of business must include the street address, city,
				state, and zip code. The street address may be omitted if the street address is
				shown in a readily accessible, widely published, and publicly available
				resource.
2. When a person
				manufactures, packs, or distributes a pet food or specialty pet food in a place
				other than the principal place of business, the label may state the principal
				place of business in lieu of the actual place where each package of such pet
				food or specialty pet food was manufactured or packaged or from where each
				package is to be distributed.
General Authority:
NDCC 4.1-41-20
Law Implemented:
NDCC
					 4.1-41-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-12 - Intended Use Statement and Nutritional Adequacy Claims › Section 7-17-12-01 - Intended use statement and nutritional adequacy claims

Current through Supplement No. 393, July, 2024
1. A statement identifying the intended use
				of a pet food or specialty pet food is required on the principal display panel
				of the label in accordance with the following:
a. The intended use of a pet food or
				specialty pet food must be stated as:
(1)
				"Complete food" for food products intended to be the complete diet for all life
				stages and sizes of a pet or specialty pet. The statement also must include the
				intended species (e.g., complete dog food);
(2) For food products intended to be the
				complete diet for a limited life stage or size of a pet or specialty pet, one
				of the two following statements must be used, "complete food for" or "complete
				food". The statement also must include the intended species and life stage,
				when applicable (e.g., complete adult dog food, complete food for
				kittens);
(3) "Veterinary diet" for
				food products intended to be used under veterinary supervision only. The
				statement also must include the intended species (e.g., veterinary diet for
				dogs);
(4) "Treat" for food
				products for pets or specialty pets, provided occasionally for enjoyment,
				training, entertainment, or other purposes, and generally not intended or
				represented to be a complete food or nutritional supplement. The statement also
				must include the intended species (e.g., cat treats);
(5) "Food supplement" for food products for
				pets or specialty pets that are intended to supply specific nutrients or other
				food components but are not a complete diet. The statement also must include
				the intended species (e.g., dog food supplement);
(6) "Food mixer" for food products for pets
				or specialty pets that are intended to top, accompany, or contribute to a
				complete diet but generally are not intended or represented to be a complete
				diet; or
(7) "Daily food" for food
				products that are intended to be the daily diet for specialty pets if no
				recognized nutritional authority exists. A limited life stage may be indicated.
				The statement also must include the intended species (e.g., daily bearded
				dragon food).
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-14 - Determination of Calorie Content for Dog and Cat Food › Section 7-17-14-01 - Determination of calorie content for dog and cat food

Current through Supplement No. 393, July, 2024
1. The statement must be determined in terms
				of metabolizable energy (ME) on an "as fed" moisture basis by one of the
				following methods before being converted to calories (kcal) per the familiar
				household unit (e.g., can, measuring cup, treat, or piece):
a. By calculation (indicated with a " " in
				the pet nutrition facts) using the "modified Atwater" formula; or
b. In accordance with testing procedures
				determined by AAFCO (indicated as "(fed)" in the pet nutrition
				facts).
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-01 - General Provisions › Section 7-18-01-01 - Outstanding storage at license termination

Current through Supplement No. 393, July, 2024
A warehouse licensee having outstanding storage at the
				  termination of the license period, shall procure a license in the usual manner,
				  even though the warehouse is closed, or will be closed.
General Authority:
NDCC 60-02-03
Law Implemented:
NDCC
					 60-02-41
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-01 - General Provisions › Section 7-18-01-02 - Storage in another warehouse

Current through Supplement No. 393, July, 2024
All nontransit grain owned or held by a warehouse licensee
				  under North Dakota Century Code chapter 60-02 must be held in a licensed and
				  bonded warehouse, either within or outside the state. If grain is held in space
				  that is not licensed capacity by the licensee under North Dakota Century Code
				  chapter 60-02, a warehouse document issued for that grain must identify the
				  originating warehouse as the receiptholder. If grain held subject to a
				  warehouse receipt is stored in a warehouse that is not licensed under North
				  Dakota Century Code chapter 60-02, the originating warehouse shall increase its
				  bond to provide protection for that grain as well as its own licensed warehouse
				  space.
Daily position records must include inventories held under
				  nonnegotiable warehouse receipts issued by another licensed warehouse.
General Authority:
NDCC 60-02-03
Law Implemented:
NDDC
					 60-02-07.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-01 - General Provisions › Section 7-18-01-03 - Change in capacity

Current through Supplement No. 393, July, 2024
A warehouse licensee may not change its physical capacity
				  without prior commissioner approval. A request to change capacity must be on a
				  form provided by the commissioner with capacity being added or deleted. Deleted
				  capacity must be physically disconnected from other licensed capacity. Added
				  capacity must be properly bonded. Additions not previously licensed must be
				  accompanied by a diagram showing the location and capacity of the space
				  involved.
General Authority:
NDCC 60-02-03
Law Implemented:
NDCC
					 60-02-09
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-01 - General Provisions › Section 7-18-01-04 - Assumption of liability for transfer of grain

Current through Supplement No. 393, July, 2024
A warehouse licensee that intends to acquire a facility
				  operated by another licensee and to assume responsibility for grain obligations
				  of the former licensee shall notify the commissioner of the assumption of the
				  liability. The notice must be submitted on a form provided by the
				  commissioner.
General Authority:
NDCC 60-02-03,
					 60-02.1-03
Law Implemented:
NDDC 60-02-40,
					 60-02.1-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-01 - General Provisions › Section 7-18-01-05 - Delivery policy

Current through Supplement No. 393, July, 2024
A licensed warehouse during July of each year, shall publish
				  and post in a conspicuous place in each warehouse, the warehouse's policy for
				  delivery of grain to a warehouse receiptholder. The policy must remain in
				  effect at least through the following June and must outline how the
				  warehouseman will charge or compensate the receiptholder for differences in
				  quantity, kind, quality, and grade which exist between the grain described in
				  the scale ticket and the grain that is actually delivered back to the
				  receiptholder. A copy of the warehouse's policy for delivery must be provided
				  to the commissioner as part of its annual warehouse license application. A copy
				  of the policy also must be attached to each warehouse receipt issued to an
				  owner of grain.
General Authority:
NDCC 60-02-03
Law Implemented:
NDCC 60-02-17,
					 60-02-22
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-02 - Licensing › Section 7-18-02-01 - License application

Current through Supplement No. 393, July, 2024
An application for all licenses must be submitted online on
				  the site provided by the commissioner. Every business organization or sole
				  proprietor using a trade name other than its given name must be registered and
				  in good standing with the secretary of state. The application must be complete
				  and must include:
1. The required
				license fees.
2. A surety bond,
				which is signed by principal and surety company with valid power of
				attorney.
3. A copy of any receipt
				or credit sale contract to be used by the licensee.
4. Certificate of continuous insurance in the
				required amount, if applicable.
General Authority:
NDCC 60-02-03,
					 60-02.1-03
Law Implemented:
NDDC 60-02-07,
					 60-02.1-07
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-02 - Licensing › Section 7-18-02-02 - Financial requirements

Current through Supplement No. 393, July, 2024
1. All license
				types must meet the following requirements based on purchased grain amount:
a. Purchases less than one million: one
				hundred thousand dollars net worth.
b. Purchases more than one million less than
				ten million: two hundred fifty thousand dollars net worth.
c. Purchases more than ten million: five
				hundred thousand dollars net worth.
d. Working capital ratio of at least
				1.0.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-02 - Licensing › Section 7-18-02-03 - License renewal

Current through Supplement No. 393, July, 2024
A license expires on July thirty-first of each year. A
				  licensee shall submit a renewal application to the commissioner by July
				  fifteenth online on the site provided by the commissioner. Every business
				  organization or sole proprietor using a trade name must be in good standing
				  with the secretary of state. An application that is not received renewed by
				  July thirty-first will result in the expiration of the license on August first.
				  Operation with an expired license must be treated as operation without a
				  license and must be handled pursuant to North Dakota Century Code sections
				  60-02-12 and 60-02.1-13.
General Authority:
NDCC 60-02-03,
					 60-02.1-03
Law Implemented:
NDCC 60-02-07,
					 60-02.1-07
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-02 - Licensing › Section 7-18-02-04 - Business documents

Current through Supplement No. 393, July, 2024
All licensees promptly shall notify the commissioner of a
				  change in ownership, name, corporate structure, or format of any receipt or
				  credit sale contract.
General Authority:
NDCC 60-02-03,
					 60-02.1-03
Law Implemented:
NDCC 60-02-03,
					 60-02.1-03
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-02 - Licensing › Section 7-18-02-05 - Physically disconnected lease space

Current through Supplement No. 393, July, 2024
Grain warehouses that have facilities that are physically
				  disconnected from licensed facilities may be leased to other entities for
				  nonpublic use. These leased facilities are not part of the license. The lessee
				  is responsible for its own content insurance, if any. The licensee need not
				  bond the space. In the case of licensee insolvency, the contents of the leased
				  facility are not a trust fund asset and the lessee is not entitled to
				  protection for grain held therein. If the leased facility is owned by the
				  licensee, lease agreements must be on file at the warehouse.
General Authority:
NDCC 60-02-03
Law Implemented:
NDCC
					 60-02-09
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-02 - Licensing › Section 7-18-02-06 - Universal nonpublic use

Current through Supplement No. 393, July, 2024
If an entire facility is owned under condominium arrangement
				  or is leased to other entities for nonpublic use, the facility is not a public
				  warehouse and a license is not required.
General Authority:
NDCC 60-02-03
Law Implemented:
NDCC
					 60-02-44
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-03 - Bonding › Section 7-18-03-01 - Grain warehouse bonds

Current through Supplement No. 393, July, 2024
A licensee's minimum bond is two and one-half percent of the
				  licensee's total grain purchases in the state, based on a three-year rolling
				  average during which the license has been active. A licensee shall report the
				  value of purchases at renewal. A licensee's required minimum bond may not be
				  less than one hundred thousand dollars.
1. A grain warehouse bond may not exceed two
				million five hundred thousand dollars.
2. The bond for any new applicant will be set
				based on projected purchases for the current license year.
3. The bond will continue to be based on
				total annual purchases until a three-year average is reached.
General Authority:
NDCC 60-02-03
Law Implemented:
NDCC 60-02-02, 60-02-07,
					 60-02-09
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-03 - Bonding › Section 7-18-03-02 - Processor bonds

Current through Supplement No. 393, July, 2024
A licensee's minimum bond is five percent of the licensee's
				  total grain purchases in the state, based on a three-year rolling average
				  during which the license has been active. A licensee shall report the value of
				  purchases at renewal. A licensee's required minimum bond may not be less than
				  one hundred thousand dollars.
1. A
				processor bond may not exceed two million five hundred thousand
				dollars.
2. For new applicants, the
				bond will be set based on projected purchases for the current license
				year.
3. The bond will continue to
				be based on total annual purchases until a three-year average is
				reached.
General Authority:
NDCC 60-02.1-03
Law Implemented:
NDCC 60-02.1-03,
					 60-02.1-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-03 - Bonding › Section 7-18-03-03 - Grain buyer bonds

Current through Supplement No. 393, July, 2024
A licensee's minimum bond is eight percent of the licensee's
				  total grain purchases in the state, based on annual purchases as reported
				  monthly to the commissioner. A licensee's required minimum bond may not be less
				  than one hundred thousand dollars:
1.
				A roving grain buyer bond may not exceed two million five hundred thousand
				dollars.
2. For new applicants, the
				bond will be set based on projected purchases for the current license
				year.
General Authority:
NDCC 60-02.1-03
Law Implemented:
NDCC 60-02.1-03,
					 60-02.1-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-18 - Grain Warehouse and Grain Buyers › Chapter 7-18-03 - Bonding › Section 7-18-03-04 - Broker bonds

Current through Supplement No. 393, July, 2024
A licensee's minimum bond is one hundred thousand dollars. A
				  broker bond may not exceed two million five hundred thousand dollars.
General Authority:
NDCC 60-02.1-03
Law Implemented:
NDCC 60-02.1-03,
					 60-02.1-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-19 - Environmental Impact Mitigation Program › Chapter 7-19-01 - General Provisions › Section 7-19-01-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Applicant" means a person that has filed
				on or after March 31, 2024, or is planning to file, an application for a
				proposed site, corridor, or route, pursuant to North Dakota Century Code
				chapter 49-22.
2. "Electric energy
				conversion facility" means the term as it is defined by North Dakota Century
				Code section 49-22-03.
3. "Electric
				transmission facility" means the term as it is defined by North Dakota Century
				Code section 49-22-03.
4.
				"Mitigation" means avoiding or minimizing adverse environmental impact or
				performing an action or activity to offset or otherwise compensate for adverse
				environmental impact by:
a. Planning and
				executing a mitigation plan; or
b.
				Payment to the agriculture commissioner for deposit into the environmental
				impact mitigation fund for expenditure in accordance with North Dakota Century
				Code section 4.1-01-21.1.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-19 - Environmental Impact Mitigation Program › Chapter 7-19-01 - General Provisions › Section 7-19-01-02 - Implementation and administration

Current through Supplement No. 393, July, 2024
1. The agriculture commissioner is
				responsible for the implementation and administration of an environmental
				impact mitigation program and the environmental impact mitigation
				fund.
2. The environmental impact
				mitigation fund is a continuing appropriation contained within the state
				treasury. This fund consists of all moneys deposited in the fund by legislative
				appropriation or under North Dakota Century Code section 49-22-09.2.
General Authority:
NDCC 4.1-01-21.1(4)
Law Implemented:
NDCC 4.1-01-21.1,
					 49-22-09.2
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-19 - Environmental Impact Mitigation Program › Chapter 7-19-01 - General Provisions › Section 7-19-01-03 - Mitigation plan and payment

Current through Supplement No. 393, July, 2024
1. Before an
				application is filed to construct or operate an electric energy conversion or
				transmission facility, or very early in that application process, an applicant
				may notify and coordinate with the agriculture commissioner about identified
				adverse environmental impacts from the construction or operation of the
				facility. A notification may:
a. Propose to
				the agriculture commissioner a mitigation plan to create or restore similar
				habitat or to offset or otherwise compensate for identified adverse
				environmental impacts; or
b.
				Request the agriculture commissioner to develop a mitigation plan, including a
				cost estimate, to create or restore similar habitat or to offset or otherwise
				compensate for identified adverse environmental impacts.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-19 - Environmental Impact Mitigation Program › Chapter 7-19-01 - General Provisions › Section 7-19-01-04 - Agriculture commissioner notification to legislative management

Current through Supplement No. 393, July, 2024
The agriculture commissioner shall provide a biennial report
				  regarding the environmental impact mitigation fund to the legislative
				  management no later than December thirty-first of every even-numbered
				  year.
General Authority:
NDCC 4.1-01-21.1(4)
Law Implemented:
NDCC 4.1-01-21.1,
					 49-22-09.2
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-20 - Hemp Products › Chapter 7-20-01 - General Provisions › Section 7-20-01-01 - Definitions

Current through Supplement No. 393, July, 2024
All terms have the same meaning as in North Dakota Century
				  Code title 4.1 unless otherwise specified:
1. "Attractive to children" means
				manufactured in the shape of humans, cartoons, or animals; manufactured in a
				form that bears any reasonable resemblance to an existing product that is
				familiar to the public as a widely distributed or branded food product such
				that a product could be mistaken for the branded product, especially by
				children.
2. "Cannabinoid hemp"
				means an allowable hemp product that is:
a.
				Produced from hemp flower that does not have generally recognized as safe
				(GRAS) status as defined by 21 CFR 170.30(c)
				and 170.3(f);
b. Has a level of total tetrahydrocannabinol
				that does not exceed 5 milligrams per serving; and
c. Has a total CBD: total
				tetrahydrocannabinol ratio greater than 15:1, or if CBD is not the primary
				advertised cannabinoid, the sum of cannabinoids excluding tetrahydrocannabinol
				must have a ratio of 15:1 tetrahydrocannabinol or higher.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-20 - Hemp Products › Chapter 7-20-01 - General Provisions › Section 7-20-01-02 - Labeling

Current through Supplement No. 393, July, 2024
Label information as required in North Dakota Century Code
				  chapter 4.1-18.1 must be placed as follows:
1. Product labels must contain:
a. A list of all ingredients;
b. Any major allergens contained in the an
				edible cannabinoid hemp product in accordance with
				21 U.S.C.
				321(qq) (April 23, 2021),
				including milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat,
				and soybeans.
c. A recommended
				serving suggestion that is easily identifiable and reasonable for the product
				size.
d. A statement of net
				contents identifying the net weight or volume, expressed as follows:
(1) If a solid, in both ounces and grams or
				milligrams; or
(2) If a liquid or
				colloid, in both fluid ounces and milliliters.
e. For any edible cannabinoid hemp product,
				except tinctures, oils, raw hemp, and capsules:
(1) The amount of advertised cannabinoids and
				the maximum total tetrahydrocannabinol expressed milligrams that may be in each
				serving and the number of servings per container; and
(2) A nutritional fact panel in accordance
				with 21 CFR part 101.9 (August 29, 2016).
f. For tinctures, oils, and capsules, the
				size of one or more dosages, expressed in milliliters, number of drops, or
				number of capsules, along with the amount of advertised cannabinoids and the
				maximum total tetrahydrocannabinol, in milligrams, that may be in each dosage
				identified.
g. For topical
				cannabinoid hemp products, the amount of advertised cannabinoids and the
				maximum total tetrahydrocannabinol expressed in milligrams that may be
				contained in the product.
h. For
				hemp flower products, the concentration of advertised cannabinoids and total
				tetrahydrocannabinol expressed as a concentration on a dry weight
				basis.
i. The expiration
				date.
j. Consumer warnings that
				state:
(1) "This product is not approved by
				the Food and Drug Administration to treat, cure, or prevent any
				disease."
(2) "Keep out of reach of
				children."
(3) "Consult your doctor
				before use."
(4) For a product
				containing any detectable level of tetrahydrocannabinol: "This product may
				contain THC and users of this product may test positive for cannabinoids in a
				drug test. May cause drowsiness. Do not drive or operate heavy machinery after
				use."
(5) "This product is not for
				minors."
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-20 - Hemp Products › Chapter 7-20-01 - General Provisions › Section 7-20-01-03 - Packaging - General requirements

Current through Supplement No. 393, July, 2024
All usable cannabinoid hemp products intended for
				  distribution must be in containers that are:
1. Plain;
2. Unique to the hemp product so as not to be
				easily mistaken for popular nonintoxicating products;
3. Tamper-evident;
4. Child-resistant;
5. Suitable to contain products for human
				consumption;
6. Not attractive to
				children; and
7. Compliant with the
				United States Poison Prevention Packaging Act of 1970,
				15 U.S.C.
				1471 et seq., without regard to provided
				exemptions.
General Authority:
NDCC 4.1-18.1-01.1
Law Implemented:
NDCC 4.1-18.1-01.1,
					 4.1-18.1-07.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-20 - Hemp Products › Chapter 7-20-01 - General Provisions › Section 7-20-01-04 - Distribution and retail sale of cannabinoid hemp

Current through Supplement No. 393, July, 2024
Cannabinoid hemp products may be distributed and sold in the
				  state if the product meets the requirements of this chapter and section.
1. The COA must be physically available in
				the retail location or available by a QR code on the product label.
2. The hemp extract must be the product of a
				batch tested by an independent testing laboratory, which does not contain
				contaminants unsafe for human consumption.
3. Retail locations and retailers may not:
a. Market, entice, or encourage minors to
				purchase or use any hemp products;
b. Make health claims when advertising for
				any hemp products; or
c. Advertise
				with false, misleading, or deceptive statements about the hemp
				products.
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-01 - General Administration › Chapter 8-01-01 - Organization of Board › Section 8-01-01-01 - Organization of state board of architecture and landscape architecture

Current through Supplement No. 393, July, 2024
1.
History.
The 1917 legislative assembly passed architectural practice legislation
				which is codified as North Dakota Century Code chapter
				43-03. This chapter requires the
				governor to appoint a state board of architecture:
a. To adopt rules to govern its
				proceedings.
b. For the examination
				of candidates for registration.
c.
				For the regulation of the practice of architecture and landscape architecture.
				The board's purpose is to protect the public health, safety, and welfare
				against incompetent and unscrupulous practice.
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-01 - Purpose of Practice › Section 8-02-01-01 - Practice

Current through Supplement No. 393, July, 2024
The practice of architecture and landscape architecture
				  exists for the performance of personal services to the public by architects and
				  landscape architects. It has as its premise the duty of the architect and
				  landscape architect to employ the architect's and landscape architect's
				  training, experience, and skill in the design and execution of buildings and
				  their environments in order to safeguard the public health, safety, and
				  welfare. The latter includes the application of aesthetic principles to the
				  technology of building.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-02 - Exemptions › Section 8-02-02-03 - Employee of an architect or landscape architect

Current through Supplement No. 393, July, 2024
An employee of an architect or landscape architect is exempt
				  from North Dakota Century Code chapter
				  43-03 under subsection 5 of North
				  Dakota Century Code section
				  43-03-02. This exemption shall not
				  be construed to permit an employee to perform services which, because of their
				  importance to the client's and the public's interest, require the presence of
				  the principal, such as solicitation of and contracting for architectural or
				  landscape architectural services, negotiations or discussions involving
				  substantial design or cost impacts, and other services of similar
				  responsibility which are normally performed by the architect or landscape
				  architect.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-02
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-02 - Exemptions › Section 8-02-02-04 - Shop drawings

Current through Supplement No. 393, July, 2024
A person preparing shop drawings or other graphic
				  instruments, the purpose of which is to carry out the architect's or landscape
				  architect's design intent, and which are subject to the architect's or
				  landscape architect's approval, is exempt from North Dakota Century Code
				  chapter 43-03.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-02 - Exemptions › Section 8-02-02-05 - Federal projects

Current through Supplement No. 393, July, 2024
A person in the employ of, or commissioned by, a United
				  States government agency, who performs architectural or landscape architectural
				  services for a project to be owned and used by the federal government, and to
				  be built with federally appropriated funds is exempt from North Dakota Century
				  Code chapter
				  43-03. This exemption shall not be
				  construed to permit nonregistered persons to perform architectural or landscape
				  architectural services for a project for which the federal government is merely
				  the lender or guarantor.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-01 - Practicing without a license

Current through Supplement No. 393, July, 2024
A person who, in violation of North Dakota Century Code
				  section 43-03-09, practices architecture
				  or landscape architecture without registration is guilty of an illegal
				  practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-09
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-02 - Illegal use of the term architect or landscape architect

Current through Supplement No. 393, July, 2024
A person who, in violation of North Dakota Century Code
				  section 43-03-10, falsely professes to be
				  an architect or landscape architect is guilty of an illegal
				  practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-10
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-03 - Fraud or misrepresentation

Current through Supplement No. 393, July, 2024
A person who falsifies or misrepresents information in order
				  to obtain or continue registration is guilty of an illegal
				  practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-13,
					 43-03-20
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-04 - Plan stamping

Current through Supplement No. 393, July, 2024
An architect or a landscape architect who affixes, or permits
				  the affixing of, the architect's or landscape architect's name or stamp to
				  drawings or other instruments of service not prepared under the architect's or
				  landscape architect's responsible control and supervision is guilty of an
				  illegal practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-22
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-05 - Captive architect or captive landscape architect

Current through Supplement No. 393, July, 2024
An architect or landscape architect who is an employee and
				  not a principal of a firm which is controlled by persons who are not architects
				  or landscape architects, and which offers and performs architectural or
				  landscape architectural services illegally, on the pretext that such practice
				  is legal because it employs an architect or landscape architect, is guilty of
				  an illegal practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-06 - Conflict of interest

Current through Supplement No. 393, July, 2024
An architect or landscape architect who knowingly engages in
				  personal or business activities which are in conflict with the responsibilities
				  to the architect's or landscape architect's client or to the public, without
				  fully disclosing the circumstances of such conflict of interest and obtaining
				  approval of such activities, is guilty of an illegal
				  practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-03 - Illegal Practice › Section 8-02-03-07 - Violations of registration law and rules

Current through Supplement No. 393, July, 2024
A person who knowingly violates any of the provisions of this
				  title or of North Dakota Century Code chapter
				  43-03 is guilty of an illegal
				  practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08