reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-17 - Goat ad Sheep Milk Production and Processing › Section 7-03.2-17-01 - Requirements

Current through Supplement No. 393, July, 2024
1. All grade A goat
				and sheep milk must be produced according to the pasteurized milk
				ordinance.
2. Processing goat and
				sheep milk must meet the United States department of agriculture's
				manufacturing rules if the milk is to be sold as manufacturing grade
				products.
3. All raw goat and sheep
				milk must be pasteurized or heat-treated before being used in cheese or other
				food products intended for human consumption. All goat or sheep milk products
				and cheeses must be properly identified as to type of the product and
				ingredients. Cheeses made with goat or sheep milk must meet the standards of
				identity found under title 21, Code of Federal Regulations, Part 133.
4. The commissioner may modify the
				requirements of this section if the commissioner finds that the health, safety,
				and welfare of the general public, as well as the quality of the product, will
				not be compromised.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC
					 4.1-25-30
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-18 - Distributors of Milk and Milk Products › Section 7-03.2-18-01 - Licensing requirements

Current through Supplement No. 393, July, 2024
Any person wanting to be a distributor of milk and milk
				  products must be licensed by the commissioner. Before issuing a license, the
				  commissioner must inspect the applicant's facilities and equipment.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02,
					 4-30-39
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-18 - Distributors of Milk and Milk Products › Section 7-03.2-18-02 - Origin of grade A products

Current through Supplement No. 393, July, 2024
A distributor may distribute grade A milk and milk products
				  provided that they are produced by a facility approved and listed as an
				  interstate milk shipper by the interstate milk shippers
				  association.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02,
					 4-30-39
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-18 - Distributors of Milk and Milk Products › Section 7-03.2-18-03 - Compliance with federal rules

Current through Supplement No. 393, July, 2024
A distributor must comply with the pasteurized milk
				  ordinance.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02,
					 4-30-39
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following terms as used in this chapter, except where the
				  context otherwise requires, shall include both the singular and the plural and
				  shall be construed to mean:
1. "Black stem rust" means the disease caused by the organism
				  puccinia graminis pers.
2. "Certificate" means a document issued or authorized by the
				  commissioner to allow movement of regulated articles to any destination.
3. "Commissioner" means the commissioner of the department of
				  agriculture of this state or any officer or employee of the department, or
				  other person, to whom the authority to act in the commissioner's stead has been
				  or hereafter may be delegated.
4. "Compliance agreement" means a written agreement between a
				  person engaged in growing, handling, or moving regulated articles and the
				  department of agriculture, wherein the former agrees to comply with the
				  requirements of this chapter.
5. "Limited permit" means a document issued or authorized by
				  the commissioner to allow movement of noncertified regulated articles to a
				  specified destination for limited handling or utilization.
6. "Move" means to ship, offer for shipment, receive for
				  transportation, carry, or otherwise transport, move, or allow to be moved.
7. "One year's growth" means the growth of a plant during all
				  growing seasons of any calendar year.
8. "Person" means any individual, corporation, company,
				  society, or association, or other organized group.
9. "Regulated article" means any article described in the
				  quarantine.
10. "Restricted destination permit" means a document issued
				  or authorized by the commissioner to allow the movement of regulated articles
				  not certified under all applicable quarantines to a specific destination for
				  other than scientific purposes.
11. "Rust-resistant plants" means berberis, mahoberberis, and
				  mahonia plants listed as rust-resistant by the director of the plant protection
				  division, United States department of agriculture in the "Manual of
				  Administratively Authorized Procedures to be Used Under the Black Stem Rust
				  Quarantine".
12. "Scientific permit" means a document issued by the
				  commissioner to allow the movement of regulated articles to a specific
				  destination for scientific purposes.
13. "Seedlings" mean any plant grown from seed within the
				  genus berberis of less than two year's growth.
14. "Two year's growth" means the growth of a plant during
				  all growing seasons of two successive calendar years.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-02 - Regulated area

Current through Supplement No. 393, July, 2024
The entire state is the regulated area.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-03 - Regulated articles

Current through Supplement No. 393, July, 2024
No person shall move into or within this state any of the
				  following regulated articles except in accordance with conditions prescribed in
				  this chapter:
1. Black stem rust
				(puccinia graminis pers) spores in any living stage.
2. All plants, seeds, fruits, and other parts
				of plants which are capable of propagation, and belong to the genera berberis,
				mahoberberis, or mahonia, except mahonia cuttings for decorative purposes.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-04 - Conditions governing the movement of regulated articles

Current through Supplement No. 393, July, 2024
The following regulated articles may be moved into and within
				  the state if all of the applicable conditions as specified in this section have
				  been fulfilled and if certificates or permits have been issued:
1.
Rust-resistant berberis,
				mahoberberis and mahonia plants.
a.
				Seedlings of rust-resistant berberis plants may be moved into or within this
				state if accompanied by a permit, to any destination authorized by such
				permit.
b. Rust-resistant berberis
				plants of at least two year's growth, mahoberberis and mahonia plants, and
				cuttings taken from such plants, may be moved into and within the state to any
				destination if the commissioner determines that the plants and cuttings are
				true to type and if the plants and cuttings are accompanied by a certificate or
				permit.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-06 - Compliance agreements and cancellation thereof

Current through Supplement No. 393, July, 2024
1. Any person engaged in the business of
				growing, handling, or moving regulated articles may enter into a compliance
				agreement to facilitate the movement of such articles. Compliance agreement
				forms may be obtained from the commissioner.
2. Any compliance agreement may be canceled
				by the commissioner whenever the commissioner finds, after notice and
				reasonable opportunity to present views has been accorded to the other party
				thereto, that such other party has failed to comply with the conditions of the
				agreement.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-07 - Assembly and inspection of regulated articles

Current through Supplement No. 393, July, 2024
Persons, other than those authorized to use certificates,
				  limited permits, or restricted destination permits, or reproductions thereof,
				  who desire to move intrastate regulated articles which must be accompanied by a
				  certificate or permit shall as far in advance as possible request the
				  commissioner to examine the articles prior to movement. Such articles shall be
				  assembled at such points and in such manner as the commissioner designates to
				  facilitate inspection.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-08 - Attachment and disposition of certificates or permits

Current through Supplement No. 393, July, 2024
1. If a certificate or permit is required for
				the intrastate movement of regulated articles, the certificate or permit shall
				be securely attached to the outside of the container in which such articles are
				moved, except that where the certificate or permit is attached to the waybill
				or other shipping document, and the regulated articles are adequately described
				on the certificate, permit, or shipping document, the attachment of the
				certificate or permit to each container of the articles is not
				required.
2. In all cases,
				certificates or permits shall be furnished by the carrier to the consignee at
				the destination of the shipment.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-09 - Inspection and disposal of regulated articles

Current through Supplement No. 393, July, 2024
The commissioner is authorized to stop, inspect, seize,
				  destroy, or otherwise dispose of, or require disposal of regulated articles in
				  such manner as the commissioner deems necessary.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-01 - Pest Prevention - Black Stem Rust Quarantine › Section 7-04-01-10 - Nonliability of the department

Current through Supplement No. 393, July, 2024
The department of agriculture disclaims liability for any
				  costs incidental to inspections or compliance with provisions of this chapter,
				  other than for the services of the commissioner.
General Authority:
NDCC
				  4-33-02
Law Implemented:
NDCC
				  4-33-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-03 - License to be posted

Current through Supplement No. 393, July, 2024
The nursery license must be posted conspicuously in each
				  place of business. A person offering nursery stock for sale from a vehicle
				  shall have the license in that vehicle.
General Authority: NDCC
					 4-21.1-02
Law Implemented: NDCC
					 4-21.1-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-04 - Labeling of nursery stock

Current through Supplement No. 393, July, 2024
1. No person may sell or offer for sale any
				nursery stock which is not securely labeled in accordance with the
				"International Code of Nomenclature for Cultivated Plants" with the complete
				correct botanical or approved recognized common name as recognized by the
				latest edition of one of the following:
a.
				Hortus Third, Liberty Hyde Bailey Hortorium.
b. Manual of Woody Landscape Plants and
				Dirr's Encyclopedia of Trees and Shrubs, Michael A. Dirr.
c. Hilliers' Manual of Trees and
				Shrubs.
d. Manual of Cultivated
				Conifers, Den Oudem and Boon.
e.
				Plant names recognized and accepted by AmericanHort cultivar.
f. Plant-name listings of well-recognized,
				nonprofit horticultural societies and organizations.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-05 - Storage and display requirements

Current through Supplement No. 393, July, 2024
All nursery stock offered for sale must be stored and
				  displayed as follows:
1. Roots of
				balled and burlapped stock must be kept moist at all times and should be kept
				in sawdust, shingle tow, peat, sphagnum moss, or other nonphytotoxic
				moisture-holding material of sufficient depth to cover one-half of the ball of
				earth.
2. Container stock must be
				watered sufficiently to maintain the viability and vigor of the stock. Potting
				media must be maintained at a depth so as to cover all roots of the
				plants.
3. Bare-root stock must be
				kept under conditions of temperature and moisture to retard growth and maintain
				viability. Moisture must be supplied to the root system by high humidity
				conditions in storage or by covering the roots with soil, sawdust, peat, wood
				shavings, or other moisture-holding material not toxic to plants. The material
				is to be kept moist at all times. Roots of heeled-in stock must be covered with
				well-packed soil at least one inch [2.54 centimeters] above the crown of the
				plant.
4. Prepackaged stock with
				roots packaged in moisture-retaining plastic, peat, wood shavings, or other
				material must be stored and displayed under conditions that will retard
				etiolated (nongreen) or otherwise abnormal growth and will ensure an adequate
				supply of moisture to the roots at all times.
General Authority: NDCC
					 4-21.1-02
Law Implemented: NDCC
					 4-21.1-11
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-06 - Minimum standards of viability

Current through Supplement No. 393, July, 2024
All nursery stock offered for sale must meet these minimum
				  standards of viability or be removed from public view and not offered for
				  sale.
1. Woody-stemmed deciduous stock
				must have moist, green cambium tissue in the stems and branches and must have
				viable buds or normal green, unwilted growth sufficient to permit the stock to
				live and grow in a form characteristic of the species when planted and given
				reasonable care.
2. Nursery stock
				when in a wilted, rotted, or other such condition indicative of subnormal
				vitality may not be sold or offered for sale.
3. Bare-rooted or prepackaged woody-stemmed
				stock having more than two inches [5.08 centimeters] of etiolated (nongreen)
				growth from individual buds may not be sold or offered for sale.
4. Balled and burlapped stock in a weakened
				condition as evidenced by dieback or dryness of foliage or stock having broken
				or loose soil balls or soil balls of a size smaller than that specified by
				AmericanHort's "American Standard for Nursery Stock" may not be sold or offered
				for sale.
5. Colored waxes or other
				materials used to coat the aerial parts of plants that change the appearance of
				the plant surface so as to prevent adequate inspection are
				prohibited.
General Authority:
NDCC 4.1-22-02
Law Implemented:
NDCC
					 4.1-22-07
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-07 - Exemptions

Current through Supplement No. 393, July, 2024
The following plant species are exempt from all provisions of
				  North Dakota Century Code chapter 4.1-22:
1. All clematis species.
2. All rosa species.
3. All yucca species.
4. Soil conservation districts are exempt
				from the requirements if the districts abide by the following:
a. Only sell nursery stock limited to a
				caliper of one inch at flare of root, base of tree.
b. Bare root or one gallon or less container
				size.
c. No grafted
				trees.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-09 - Certification of nursery stock

Current through Supplement No. 393, July, 2024
1. An inspection certificate will not be
				issued for any deciduous nursery stock unless the stock has been inspected
				during active growth.
2. Persons
				growing Christmas trees and persons with overgrown trees or shrubs that will no
				longer be sold as nursery stock may be required to declare which trees are to
				be inspected for certification.
3.
				All field-grown nursery stock must be maintained by mechanical or chemical, or
				both, vegetation control.
General Authority:
NDCC 4.1-22-02
Law Implemented:
NDCC
					 4.1-22-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-10 - License fees

Current through Supplement No. 393, July, 2024
A person with more than one place of business must operate
				  all of the locations as one business to qualify for the ten dollar fee for
				  additional licenses. The name and address of the principal place of business
				  must be the same on all licenses issued to the person. The address of the other
				  place of business must be on thelicense.
General Authority: NDCC
					 4-21.1-02
Law Implemented: NDCC
					 4-21.1-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-02 - Nurseries › Section 7-04-02-11 - Application for license

Current through Supplement No. 393, July, 2024
1. Each application for an initial license or
				annual renewal must set forth the applicant's business name, phone number, the
				name of the manager or owner, the principal location where nursery stock will
				be sold, the address or location of additional sales locations, the mailing
				address, the location of the growing area, the number of acres [hectares] in
				the growing area, the number and type of plant species being grown, and a map
				of the growing area.
2. The
				application must also include the names and addresses of the nurseries of the
				sources of their stock.
3. The
				applicant must certify that only officially inspected and certified nursery
				stock will be offered for sale.
General Authority:
NDCC 4.1-22-02
Law Implemented:
NDCC
					 4.1-22-06
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-03 - Ginseng › Section 7-04-03-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Commissioner" means the commissioner of
				agriculture.
2. "Cultivated
				ginseng" means ginseng dry root, live root, tissue culture, or seed propagated
				in this state.
3. "Dealer" means a
				person that buys cultivated ginseng for the purpose of resale. The term does
				not include a person that buys cultivated ginseng dry root solely for the
				purpose of final retail sale to consumers in the United States.
4. "Ginseng" means panax quinquefolius
				L.
5. "Grower" means a person that
				grows cultivated ginseng and who sells cultivated ginseng to a
				dealer.
6. "Out-of-state cultivated
				ginseng" means cultivated ginseng grown or nurtured outside this
				state.
General Authority:
NDCC 4.1-17-01
Law Implemented:
NDCC
					 4.1-17-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-03 - Ginseng › Section 7-04-03-02 - Growers and dealers - License - Fees

Current through Supplement No. 393, July, 2024
1. A person that desires to act as a grower
				or a dealer shall register with the commissioner on a form provided by the
				commissioner. A person that acts as a dealer and a grower shall register as
				both.
2. Each dealer shall pay an
				annual license fee of fifty dollars. Each grower shall pay an annual license
				fee of twenty-five dollars. The fee must be submitted with the license
				application. The commissioner shall assign a license number to each person
				licensed.
3. A ginseng license
				issued under these rules expires on December thirty-first.
General Authority:
NDCC 4.1-17-01
Law Implemented:
NDCC
					 4.1-17-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-03 - Ginseng › Section 7-04-03-04 - Inspection or submission of records

Current through Supplement No. 393, July, 2024
Each dealer or grower shall make all records, including
				  records that are located outside of this state, required to be kept under this
				  chapter available for inspection or copying by the commissioner upon the
				  commissioner's request.
General Authority:
NDCC 4.1-17-01
Law Implemented:
NDCC
					 4.1-17-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-03 - Ginseng › Section 7-04-03-05 - Enforcement actions

Current through Supplement No. 393, July, 2024
The commissioner may deny, suspend, or revoke the
				  registration of any dealer or grower and may invalidate shipment certificates
				  completed by the dealer or grower, if the commissioner finds that the dealer or
				  grower has violated this chapter. The commissioner, without prior notice or
				  hearing, may suspend or invalidate the registration and shipment certificates
				  of a dealer or grower if the commissioner finds there is a need for immediate
				  action to prevent a violation of this chapter. Any action of the commissioner
				  pursuant to this section must be in writing. Any person that receives a notice
				  under this section is entitled to a hearing before the commissioner if
				  requested within ten days after receipt of the notice. Hearings must be
				  conducted within ten days after receipt of a request for the hearing.
				  Enforcement of any action may not be stayed pending the
				  hearing.
General Authority:
NDCC 4.1-17-01
Law Implemented:
NDCC
					 4.1-17-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-04 - EMERALD ASH BORER › Section 7-04-04-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Ash" means all species of the genus
				fraxinus.
2. "Certificate" means a
				document issued or authorized by the commissioner indicating a regulated
				article is not contaminated with a pest.
3. "Commissioner" means the agriculture
				commissioner or the designee or the authorized representative of the
				commissioner.
4. "Compliance
				agreement" means a written agreement between a person moving regulated articles
				and the commissioner.
5.
				"Department" means the North Dakota department of agriculture.
6. "Emerald ash borer" means the insect known
				as emerald ash borer, agrilus planipennis fairmaire (coleoptera: buprestidae),
				in any living stage of development.
7. "Move" means to ship, offer for shipment,
				receive for transportation, carry, or otherwise transport, or allow to be
				transported.
8. "Person" means any
				individual, corporation, limited liability company, company, limited liability
				partnership, society, or association, or other business entity.
9. "Regulated article" means any article of
				any character as described in a regulation carrying or capable of carrying the
				plant pest against which the regulation is directed.
10. "State" means the District of Columbia,
				Puerto Rico, the Northern Mariana Islands, or any state, territory, or
				possession of the United States.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-04 - EMERALD ASH BORER › Section 7-04-04-02 - Regulated articles

Current through Supplement No. 393, July, 2024
Regulated articles are as follows:
1. The emerald ash borer, agrilus planipennis
				fairmaire, in any stage of development.
2. Firewood of all nonconiferous (hardwood)
				species.
3. Entire ash
				trees.
4. Untreated (with bark and
				sapwood) ash limbs, branches, logs, stumps, and roots capable of harboring
				emerald ash borer.
5. Ash nursery
				stock.
6. Ash chips and ash bark
				chips.
7. Any article, product, or
				means of conveyance which the commissioner determines to present a risk of
				spread of emerald ash borer and the commissioner has notified the person in
				possession of that article, product, or means of conveyance, is subject to this
				regulation.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-04 - EMERALD ASH BORER › Section 7-04-04-03 - Regulated areas

Current through Supplement No. 393, July, 2024
The commissioner shall maintain an updated list or map of
				  regulated areas on the department website.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-04 - EMERALD ASH BORER › Section 7-04-04-04 - Restrictions on regulated articles and conditions on the movement of regulated articles

Current through Supplement No. 393, July, 2024
Regulated materials may not be moved from a regulated area to
				  a nonregulated area except under the following conditions:
1. Ash nursery stock movement is prohibited
				with no exceptions.
2. Other
				regulated articles must be treated or subjected to special handling under a
				compliance agreement or permit from the department or state of
				origin.
3. The regulated article is
				inspected and found to be apparently free of infestation by an inspector in the
				state of origin and indicated as such on a phytosanitary certificate or
				certificate of inspection.
4. The
				regulated article is treated in a manner approved by the regulatory agency in
				the state of origin in a way that prevents the regulated article from
				presenting a risk of spreading emerald ash borer, as indicated on a
				phytosanitary certificate or compliance agreement.
5. Hardwood firewood shall be labeled to
				county or parish of origin for partially regulated states.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-04 - EMERALD ASH BORER › Section 7-04-04-05 - Violations and penalties

Current through Supplement No. 393, July, 2024
Any person violating these regulations may be subject to
				  penalties in accordance with North Dakota Century Code section
				  4.1-23-08.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-08
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-04 - EMERALD ASH BORER › Section 7-04-04-06 - Exceptions

Current through Supplement No. 393, July, 2024
Exceptions may be made at the discretion of the
				  commissioner.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-05 - Moss Balls › Section 7-04-05-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Moss ball"
				means the aquatic plant known as aegagropila linnaei or other common
				names.
2. "Zebra mussel" means an
				aquatic invasive invertebrate plant pest known as dressissena
				polymorpha.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC 4.1-23-01(8),
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-05 - Moss Balls › Section 7-04-05-02 - Regulated articles

Current through Supplement No. 393, July, 2024
Regulated articles are as follows:
1. The aquatic plant known as aegagropila
				linnaei ("moss ball").
2. Any other
				aquatic species found to be infested with desissena polymorpha ("zebra
				mussel"). Effective January 1, 2022.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC 4.1-23-01(8),
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-05 - Moss Balls › Section 7-04-05-03 - Regulated areas

Current through Supplement No. 393, July, 2024
The regulated quarantined area includes all states,
				  districts, and territories of the United States.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-05 - Moss Balls › Section 7-04-05-04 - Restrictions on regulated articles and conditions on the movement of regulated articles

Current through Supplement No. 393, July, 2024
Regulated articles may not be transported into the state or
				  moved within the state unless accompanied by a current certificate of
				  inspection issued by the United States department of agriculture - animal plant
				  health inspection service, the department of agriculture in the shipping state,
				  or the aquatics invasive species regulatory agency in the shipping
				  state.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-05 - Moss Balls › Section 7-04-05-05 - Violations and penalties

Current through Supplement No. 393, July, 2024
Any person violating these regulations is subject to
				  penalties in accordance with North Dakota Century Code chapter
				  4.1-23-08.
General Authority:
NDCC 4.1-23-02
Law Implemented:
NDCC
					 4.1-23-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-06 - [Repealed] › Chapter 7-06-01 - [Repealed] › Section 7-06-01-02

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 4.1-47-04,
					 28-32-02
Law Implemented:
NDCC
					 4.1-47-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-07 - Poultry Division › Chapter 7-07-01 - Poultry Business Bonds › Section 7-07-01-01 - Bond required

Current through Supplement No. 393, July, 2024
Each applicant for a license under the provisions of North
				  Dakota Century Code section
				  4-13.2-05 shall file with the
				  application a bond, in the amount of ten thousand dollars, issued by an
				  approved surety company. The department shall be named as the obligee in each
				  bond but the bond shall be held for the purpose of protecting and for the
				  benefit of any person buying or selling live poultry, as the case may be, to
				  the licensee. Such bond shall be conditioned for all of the following:
1. The faithful performance by the licensee
				of the licensee's duties as such.
2. The compliance by the licensee with all of
				the provisions relating to the purchase or sale of poultry, as the case may
				be.
3. The full and complete
				payment to the seller for all poultry purchased by the licensee.
4. The full protection of any person who
				deals with the licensee.
Each bond shall cover the license period of the licensee.
Security may not be required for that portion of a licensee's
				  business which is comprised of processing poultry raised and owned by the
				  licensee or custom processing of poultry.
The department may waive the security requirements if it
				  determines the volume of business is such that security would be
				  impractical.
General Authority: NDCC
					 4-13.2-03,
					 4-13.2-05,
					 28-32-02
Law Implemented: NDCC
					 4-13.2-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-07 - Poultry Division › Chapter 7-07-01 - Poultry Business Bonds › Section 7-07-01-02 - Licensee insolvency

Current through Supplement No. 393, July, 2024
If any licensee defaults in the provisions of any bond, the
				  licensee shall be deemed insolvent. Upon insolvency, the department by
				  publication of a notice published once each week for three successive weeks in
				  the official newspaper of the county in which the licensee operated shall
				  notify all persons having claims against the licensee to file the claims with
				  the department. Any person who shall fail to file the person's claim with the
				  department, in the manner required by the department, and to surrender to it
				  any receipts which have been obtained from such licensee within forty-five days
				  after the last publication of notice shall be barred from participation upon
				  the claim in any fund marshaled by the department as prescribed.
General Authority:
NDCC
				  4-13.2-03,
				  4-13.2-05,
				  28-32-02
Law Implemented:
NDCC
				  4-13.2-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-07 - Poultry Division › Chapter 7-07-01 - Poultry Business Bonds › Section 7-07-01-03 - Distribution of bond proceeds

Current through Supplement No. 393, July, 2024
Following the determination of the claims made in accordance
				  with the procedures established by the department, the department shall prorate
				  the claims and distribute the amount of bond proceeds accordingly. Any person
				  contesting the validity of the claim shall be afforded a hearing to determine
				  whether the claim is valid.
General Authority:
NDCC
				  4-13.2-03,
				  4-13.2-05,
				  28-32-02
Law Implemented:
NDCC
				  4-13.2-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-01 - Purposes and basis

Current through Supplement No. 393, July, 2024
These rules provide terms, conditions, and procedures for the
				  administration by the commissioner of agriculture of the waterbank program as
				  enacted by the forty-seventh legislative assembly in 1981 and codified in North
				  Dakota Century Code chapter 61-31.
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-02 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise provides:
1. "Adequate fence" means legal fence as defined in North
				  Dakota Century Code section
				  47-26-01.
2. "Adjacent lands" means lands bordering the wetland or
				  within one-fourth mile of the wetland.
3. "Commissioner" means the commissioner of agriculture.
4. "Drainage" means vulnerable to destruction through
				  artificial or natural process.
5. "Participant" means the landowner participating in the
				  program.
6. "Program" means the state waterbank program.
7. "State assessment team" means representatives from the
				  department of agriculture, the game and fish department, the state engineer's
				  staff, the United States department of agriculture's soil conservation service,
				  and the United States fish and wildlife service.
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-01
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-04 - Procedure for participation in the program

Current through Supplement No. 393, July, 2024
1. Applications for the program may be
				submitted to any representatives of the state assessment team or their agencies
				to be reviewed and submitted to the commissioner.
2. The state assessment team shall submit
				recommendations to the commissioner who will make the final determination of
				applications to be funded according to the commissioner's evaluation of the
				recommendations and available waterbank funds. A letter of nonacceptance will
				be mailed to unsuccessful applicants. Applications may be resubmitted at any
				time.
3. Renewal of agreements can
				take place after a written proposal to do so is received from the participant
				prior to termination of the contract. Such renewal will be subject to
				redetermination of payment rates.
4. The acreage designated for participation
				must be documented on an agricultural stabilization and conservation service
				farm photo and attached to the application or contract, or both.
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-03,
					 61-31-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-06 - Participation priority

Current through Supplement No. 393, July, 2024
If all eligible applicants having the same assessment rating
				  cannot be included in the program, the priority will be based on earliest date
				  of application.
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-03,
					 61-31-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-08 - Acreage limitations and designations

Current through Supplement No. 393, July, 2024
Unless otherwise approved by the commissioner in consultation
				  with the state assessmentteam:
1.
				Total acreage [hectarage] of adjacent land must be at least equal to qualifying
				wetland acreage [hectarage] included in the application but may not exceed four
				times the acreage [hectarage] of the wetlands. Wetlands previously drained may
				be offered if the participant will agree to restore such wetlands to levels
				which will qualify them under North Dakota Century Code section
				61-31-03.
2. Total acreage [hectarage] allowed for a
				participant in the program must be at least ten acres [4.05 hectares] and not
				more than one hundred sixty acres [64.75 hectares].
3. The acreage [hectarage] designated for
				participation must be described by metes and bounds or other legal description
				or method specifically delineating the acreage [hectarage] to be included in
				the program.
4. Acreage
				[hectarage] selected for the program must have signs posted to indicate
				participation in the program and whether walking public access is allowed on
				that acreage [hectarage].
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-03,
					 61-31-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-10 - Drought emergency

Current through Supplement No. 393, July, 2024
If the governor or the United States department of
				  agriculture declares a drought emergency, the grass cover on lands included in
				  the program may be released to a qualified participant for haying or grazing
				  with the authorization of and under the terms prescribed by the commissioner as
				  provided in subsection 4 of North Dakota Century Code section
				  61-31-05.
1. A written request to open program lands
				for haying or grazing must be submitted to the commissioner by the
				participant.
2. The release date
				must be determined by the commissioner of agriculture with the approval of the
				state game and fish director. Under no circumstances shall emergency haying or
				grazing be allowed prior to July fifth.
3. Notice of approval of the request to hay
				or graze a waterbank tract and the conditions to do so must be mailed to the
				participant.
4. Conditions shall
				include, but are not limited to, the following: date on which entry can be made
				on the land and date by which all hay, machinery, or livestock must be removed
				from the tract; the amount and date by which, or how payment is to be submitted
				to the commissioner's office; the date on which the tract will be open to
				haying or grazing, or both. The payment for hay or grass may be deducted from
				the next waterbank payment, provided it is not the last year of the contract
				period.
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-05
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-08 - Waterbank Program › Chapter 7-08-01 - Implementation of the North Dakota State Waterbank Program › Section 7-08-01-11 - Violations

Current through Supplement No. 393, July, 2024
1. It is a violation of the waterbank
				agreement if the participant does not fulfill each and every term of the
				waterbank agreement established between the participant and the commissioner,
				including the management guidelines adopted by the state assessment team which
				are incorporated by reference into the waterbank agreement.
2. If the commissioner determines a violation
				of the waterbank agreement has occurred, the commissioner may take enforcement
				in concert with North Dakota Century Code chapter 61-31 or other applicable
				statutes as the commissioner deems appropriate. The participant may appeal the
				decision pursuant to North Dakota Century Code chapter 28-32.
General Authority: NDCC
					 61-31-01
Law Implemented: NDCC
					 61-31-04
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-09 - Pride of Dakota Program › Chapter 7-09-01 - Pride of Dakota Program › Section 7-09-01-01 - Purpose

Current through Supplement No. 393, July, 2024
In keeping with the policy of the North Dakota department of
				  agriculture to expand, improve, and develop markets for North Dakota products
				  by promoting their use and sale and pursuant to house concurrent resolution and
				  appropriation by the 1985 legislative assembly, it is the purpose of the pride
				  of Dakota program to identify and promote those products which are created,
				  produced, processed, or manufactured in North Dakota.
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 7-09-01-02 - 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. "Business" means any individual,
				partnership, cooperative association, corporation, business trust, or
				unincorporated organization or other business with a permanent place of
				business located completely or in part within the boundaries of North
				Dakota.
2.
"Educational institutions" means any North Dakota schools,
				  colleges, universities, or other North Dakota educational institutions.
3. "Improper use" means any use of
				the logo not authorized by the commissioner or a use of the logo inconsistent
				with program policy.
4.
				"Manufacturer" or "processor" means an individual, partnership, cooperative
				association, or corporation which processes or manufactures raw materials,
				agriculture products, or ingredients into food or nonfood products.
5. "Nonprofit organization" means any
				established nonprofit organization in North Dakota as defined by North Dakota
				Century Code section 10-33.
6.
				"Pride of Dakota logo", or "logo" means the logo developed for the North Dakota
				department of agriculture to identify a product which is created, produced,
				processed, or manufactured in North Dakota.
7. "Producer" means any individual,
				partnership, family farm, family farm corporation, or cooperative association
				actually engaged in the production for sale of agriculture products.
8. "Product" means any product that is
				created, produced, processed, or manufactured within the state of North Dakota
				for sale or distribution in its final form.
9. "Trade association" means a North
				Dakota-based organization of producers, processors, manufacturers, retailers,
				or wholesalers of products.
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 7-09-01-03 - Eligible applicants

Current through Supplement No. 393, July, 2024
1.
Producers.
Any North Dakota producer may apply to use the logo on
				any agriculture product to be used in its original form or on any agriculture
				product intended to be processed or manufactured, if the agriculture product is
				produced on a farm or other production unit located completely, or in part,
				within the boundaries of North Dakota, and if the processed or manufactured
				agriculture product meets all applicable minimum requirements for the product
				in North Dakota.
2.
Processors and manufacturers.
Any processor or manufacturer may
				apply to use the logo on any product, if the product was processed or
				manufactured in a factory or plant located completely, or in part, within the
				boundaries of North Dakota, and if the product meets all the applicable minimum
				requirements of law for processing or manufacturing the product in North
				Dakota.
3.
Others.
Any
				business, trade association, educational institution, or commodity group may
				apply to use the logo on products created, produced, processed, or manufactured
				by them.
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 7-09-01-04 - Application

Current through Supplement No. 393, July, 2024
1. Any eligible producer, processor,
				manufacturer, business, trade association, commodity group, education
				institutional, or nonprofit organization located completely or in part within
				North Dakota may apply to use the logo.
2. All applicants must be registered and in
				good standing with the secretary of state for the state of North
				Dakota.
3. Application must be made
				on forms provided by the department and must contain all of the following:
a. The name and address of the applicant. The
				address must indicate the applicant performs substantial functions in North
				Dakota.
b. The location of the
				producer, processing or manufacturing facility or plant, business, trade
				association, commodity group, educational institution, or nonprofit
				organization providing products on which the logo is intended to be
				used.
c. A comprehensive list of
				all products on which the logo may be used. Application to use the logo with
				any product not originally listed with the department may be made at any
				time.