reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-04.2 - Safety standards for unmanned aircraft

Current through Supplement No. 393, July, 2024
The following qualifications and requirements are applicable
				  to aerial application using an unmanned aircraft:
1.
General.
The following rules
				and regulations relating to the use of unmanned aircraft for aerial application
				have been adopted in the interest of public safety and public
				interest.
2.
Maximum
				weight.
The maximum operating weight of an unmanned aircraft while
				conducting aerial application is five hundred pounds.
3.
Operator.
An operator of an
				unmanned aircraft used for aerial application must hold a federal aviation
				administration remote pilot certificate and have acquired the federal aviation
				administration exemptions required to perform the specified aerial application
				services.
4.
Chief
				pilot.
All operators or contractors employing one or more unmanned
				aircraft pilots for the purpose of conducting aerial application by an unmanned
				aircraft in this state shall employ at least one chief pilot. A chief pilot
				must meet the pilot qualifications of this subsection.
5.
Chief pilot responsibilities.
It is the responsibility of the chief pilot to determine the amount of
				supervision a pilot requires and ensure each pilot is able to contact the chief
				pilot during aerial application operations.
6.
Pilot qualifications.
A pilot
				who is identified on the aerial applicator's license must hold a federal
				aviation administration remote pilot certificate. Before conducting solo
				flights, pilots must have attended an approved training program or have
				received at least ten hours of direct ground-supervised solo flight at
				operational loads while conducting aerial application. Supervision must be
				provided by a pilot who has conducted a minimum of twenty-five hours of solo
				flight at operational loads while conducting aerial application. The operator
				shall document and maintain written records verifying the pilot has fulfilled
				the flight requirements.
7.
Pesticide certification.
A pilot who is identified on the aerial
				applicator's license must hold an air/ground core pesticide certification from
				the North Dakota state university extension pesticide certification and
				training program.
General Authority:
NDCC 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-06 - Private pilot's safety standards for aerial application on one's own property or land farmed under a bona fide lease

Current through Supplement No. 393, July, 2024
A private pilot operating a manned aircraft with a valid
				  federal aviation administration private pilot's rating, federal aviation
				  administration part 137 certificate, and an air/ground core pesticide
				  certification from the North Dakota state university extension pesticide
				  certification and training program may aerial crop spray, dust, seed,
				  fertilize, or insecticide the pilot's own land or land farmed by the pilot
				  under a bona fide lease, provided:
1.
				That the applicant submits satisfactory evidence that the applicant has a
				minimum of seven hundred fifty hours flying experience as pilot in command, of
				which a minimum of two hundred fifty flying hours must be in the class of
				aircraft in which the sprayer or duster will be installed for agricultural
				aerial application and has produced acceptable evidence of a minimum of ten
				hours simulated spraying time under the supervision of a chief pilot before
				such pilot is permitted to conduct aerial application as pilot in command, and
				in addition, such private pilot must obtain ten hours of direct
				ground-supervised solo flight at operational loads while aerial applying given
				by a chief pilot, with a commercial federal aviation administration license,
				who has at least two hundred hours of logged aerial applying time as pilot in
				command.
2. That the applicant sets
				forth, in writing, upon the application the legal description of the land owned
				or land farmed under a bona fide lease, including range, township, section, and
				quarter, or parts and apportionments pertaining thereto, or both.
3. That the applicant's services are not
				offered to others for hire, compensation, remuneration, or trade for other
				services.
All other rules and regulations set forth in this chapter
				  governing commercial aerial application standards, including aircraft
				  registration, aerial applicator's license, equipment standards, chemical
				  knowledge and procedures, registration as a certified agricultural chemical
				  aerial applicator, and reports to the aeronautics commission shall govern the
				  operations of all private pilots licensed by the aeronautics commission for
				  aerial application of their own land or land operated under a bona fide
				  lease.
General Authority:
NDCC 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-07

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-09 - Registration and license of aircraft and equipment standards

Current through Supplement No. 393, July, 2024
1.
Registration.
All aircraft operated in aerial application
				requiring a North Dakota aerial applicator's license shall be registered with
				the North Dakota aeronautics commission prior to actual use of the aircraft in
				this state and prior to the issuance of an aerial applicator's license. Annual
				registration fees shall be in accordance with the schedule set forth in North
				Dakota Century Code sections
				2-05-11 and
				2-05-18 and shall be paid in full
				in advance.
2.
Equipment
				standards.
Each aircraft used for aerial application shall be
				satisfactorily equipped with a positive shutoff device at each discharge nozzle
				(manually controlled shutoff valves, spring-loaded valves, or ball checks will
				be acceptable), which will absolutely prevent the dissemination of material on
				any portion of the terrain over which flight is made other than the area being
				treated or sprayed. Each aircraft must be satisfactorily equipped with a
				shutoff between hopper and discharge orifice. The entire aircraft must be in
				good usable condition and free from any obvious points of leakage.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-11 - Aerial application in vicinity of turkey farms

Current through Supplement No. 393, July, 2024
No aerial applicator shall conduct aerial application on or
				  over farm lands adjoining or adjacent to turkey farms unless the applicator has
				  coordinated the aerial application with the owner or operator of the turkey
				  farm and with the farmer for which the aerial application is to be
				  done.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-12 - Reports available to aeronautics commission

Current through Supplement No. 393, July, 2024
The operator, owner, manager, pilot, or supervisor in charge
				  of the aerial application shall maintain a record of each aerial application
				  job which must be available to officials of the aeronautics commission on
				  demand. Copies of such reports must be kept by the licensee for a period of
				  three years from the date of aerial application. Upon request, these reports
				  shall be submitted to the aeronautics commission provided that nonresident
				  aerial applicators shall file copies of such reports with the aeronautics
				  commission.
The report must be the same as, or contain the same
				  information, as the records required for the state department of
				  agriculture.
The licensee shall file with the aeronautics commission not
				  later than December first of the year of application a summary of the total
				  number acres treated by category such as for weed control, insect control,
				  fertilizer application, fungicide application, etc. Failure of any licensed
				  aerial applicator to furnish copies of such reports upon request of the
				  aeronautics commission, in a reasonable time, shall be grounds for suspension
				  of an aerial applicator's state license.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-13 - Unsettled claims and court judgments

Current through Supplement No. 393, July, 2024
Evidence of prior unsettled claims or unsatisfied judgments
				  for damages resulting from aerial application operations may be just cause for
				  denial of a state aerial applicator's license or revocation of an existing
				  license, provided that the aeronautics commission may, at its discretion,
				  require a bond or cash bond in an amount equal to the estimated claim and
				  reasonable court costs from such applicator before a license will be
				  issued.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-18 - Revocation of aerial applicator license - Refusal of license

Current through Supplement No. 393, July, 2024
The North Dakota aeronautics commission or its duly appointed
				  director reserves the right to revoke or refuse to issue a state-issued aerial
				  applicator's license for just cause, or for violation of any rule, regulation,
				  procedure, or standard set forth in this chapter after a hearing has been held,
				  provided that on the basis of proper cause shown, the director or the
				  aeronautics commission may suspend a license or refuse to issue a license until
				  such time as a hearing has been held.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-19 - Penalty for violation of the rules and regulations

Current through Supplement No. 393, July, 2024
Any person violating a provision of this section is guilty of
				  a class B misdemeanor.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18,
					 2-05-19,
					 2-05-20
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-03.1 - AIRPORT RUNWAY APPROACH HAZARDS › Section 6-02-03.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Nonprecision instrument runway" means a
				runway having an existing instrument approach procedure utilizing air
				navigation facilities with only horizontal guidance, or area type navigation
				equipment, for which a straight-in nonprecision instrument approach procedure
				has been approved, or planned, and for which no precision approach facilities
				are planned, or indicated on a planning document.
2. "Precision instrument runway" means a
				runway having an existing instrument approach procedure utilizing an instrument
				landing system, or a precision approach radar. It also means a runway for which
				a precision approach system is planned and is so indicated by an approved
				airport layout plan or planning document.
3. "Utility runway" means a runway that is
				constructed for and intended to be used by propeller-driven aircraft of twelve
				thousand five hundred pounds maximum gross weight and less.
4. "Visual runway" means a runway intended
				solely for the operation of aircraft using visual approach procedures, with no
				straight-in instrument approach procedure and no instrument designation
				indicated on an approved airport layout plan, or by any planning document
				submitted to the North Dakota aeronautics commission by a competent
				authority.
General Authority:
NDCC
					 2-05-07
Law Implemented:
NDCC
					 2-03-12
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-03.1 - AIRPORT RUNWAY APPROACH HAZARDS › Section 6-02-03.1-02 - General

Current through Supplement No. 393, July, 2024
Obstructions to air navigation are prohibited. The following
				  rules, criteria, regulations, and minimum standards governing the construction
				  or maintenance of hazards or obstructions near runway approaches to any airport
				  that is open for public use in North Dakota, whether publicly or privately
				  owned, is hereby adopted by the North Dakota aeronautics commission pursuant to
				  authority set forth in North Dakota Century Code section
				  2-03-12.
General Authority:
NDCC
					 2-03-12,
					 2-05-07,
					 2-05-21
Law Implemented:
NDCC
					 2-03-12
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-03.1 - AIRPORT RUNWAY APPROACH HAZARDS › Section 6-02-03.1-03 - Procedure for determining obstructions

Current through Supplement No. 393, July, 2024
This part establishes standards for determining obstructions
				  to air navigation. It applies to existing and proposed manmade objects, objects
				  of natural growth, and terrain. The standards apply to the use of navigable
				  airspace by aircraft and to existing public airports. Additionally, the
				  standards apply to a planned public airport, or a change in an existing public
				  airport, if a proposal therefore is on file with the North Dakota aeronautics
				  commission.
1. An existing object,
				including a mobile object, is, and a future object would be, an obstruction to
				air navigation if it is of greater height than any of the following heights or
				surfaces:
a. A height of four hundred
				ninety-nine feet above ground level at the site of the object.
b. A height that is two hundred feet above
				ground level or above the established airport elevation, whichever is higher,
				within three nautical miles of the established reference point of an airport,
				excluding heliports, with its longest runway more than three thousand two
				hundred feet in actual length, and that height increases in the proportion of
				one hundred feet for each additional nautical mile of distance from the airport
				up to a maximum of four hundred ninety-nine feet.
c. A height within a terminal obstacle
				clearance area, including an initial approach segment, a departure area, and a
				circling approach area, which would result in the vertical distance between any
				point on the object and an established minimum instrument flight altitude
				within that area or segment to be less than the required obstacle
				clearance.
d. A height within an en
				route obstacle clearance area, including turn and termination areas, of a
				federal airway or approved off-airway route, that would increase the minimum
				obstacle clearance altitude.
e. The
				surface of a takeoff and landing area of an airport or any airport imaginary
				surface. However, no part of the takeoff or landing area itself will be
				considered an obstruction.
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-03.1 - AIRPORT RUNWAY APPROACH HAZARDS › Section 6-02-03.1-04 - Airport referenced imaginary surfaces

Current through Supplement No. 393, July, 2024
The following airport imaginary surfaces are established with
				  relation to the airport and to each runway. The size of each imaginary surface
				  is based on the classification of each runway and the type of approach
				  available or planned for that runway. Refer to Exhibit A for a table showing
				  the classification and dimensional standards. Refer to Exhibit B and C for a
				  graphical depiction of the imaginary surfaces.
1.
Primary surface.
A surface
				longitudinally centered on a runway. When the runway has a specially prepared
				hard surface, the primary surface extends two hundred feet beyond each end of
				that runway; but when the runway has no specially prepared hard surface, or
				planned hard surface, the primary surface ends at each end of that runway. The
				elevation of any point on the primary surface is the same as the elevation of
				the nearest point on the runway centerline. The width of a primary surface is:
a. Two hundred fifty feet for utility runways
				having only visual approaches.
b.
				Five hundred feet for utility runways having nonprecision instrument
				approaches.
c. For other than
				utility runways the width is:
(1) Five hundred
				feet for visual runways having only visual approaches.
(2) Five hundred feet for nonprecision
				instrument runways having visibility minimums greater than three-fourths
				statute mile.
(3) One thousand feet
				for a nonprecision instrument runway having a nonprecision instrument approach
				with visibility minimums as low as three-fourths of a statute mile, and for
				precision instrument runways.
The width of the primary surface of a runway will be that
				  width prescribed in this section for the most precise approach existing or
				  planned for either end of that runway.
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-03.1 - AIRPORT RUNWAY APPROACH HAZARDS › Section 6-02-03.1-05 - Penalty

Current through Supplement No. 393, July, 2024
In accordance with North Dakota Century Code section
				  2-03-13, failure to comply with
				  this section constitutes a class A misdemeanor.
General Authority:
NDCC
					 2-03-12
Law Implemented:
NDCC
					 2-03-12
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-03.1 - AIRPORT RUNWAY APPROACH HAZARDS › Exhibit A

Current through Supplement No. 393, July, 2024
DIM
Item
Dimensional Standards (Feet)
Visual Runway
Nonprecision Instrument Runway
Precision Instrument Runway PIR
A
B
A
B
C
D
A
Width of primary surface and approach surface width
								at inner end
250
500
500
500
1,000
1,000
B
Radius of horizontal surface
5,000
5,000
5,000
10,000
10,000
10,000
Visual Approach
Nonprecision Instrument Approach
Precision Instrument Approach
A
B
A
B
C
D
C
Approach surface width at end
1,250
1,500
2,000
3,500
4,000
16,000
D
Approach surface length
5,000
5,000
5,000
10,000
10,000
*
E
Approach slope
20:1
20:1
20:1
34:1
34:1
*
A - Utility runways
B - Runways larger than utility
C - Visibility minimums greater than three-fourths
								mile
D - Visibility minimums as low as three-fourths
								mile
* - Precision instrument approach is 50:1 for
								inner ten thousand feet and 40:1 for an additional forty thousand feet
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-01 - General provisions

Current through Supplement No. 393, July, 2024
Public airports in North Dakota may be provided financial
				  assistance from the aeronautics commission for airport improvement projects in
				  accordance with the policies and guidelines established by the
				  commission.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-02 - Eligible applicants

Current through Supplement No. 393, July, 2024
Any person, or governing body operating a current or planned
				  public airport may apply for grants from the aeronautics commission for funding
				  of airport project costs.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-03 - Grant application process

Current through Supplement No. 393, July, 2024
1. The applicant shall complete an
				application form and submit it to the aeronautics commission by the deadline
				established by the commission.
2.
				The applicant may amend its application at any time before the application
				deadline. After the application deadline, the applicant may amend its
				application only upon the approval of the commission staff.
3. The applicant must amend its application
				if it is aware of any new or previously undisclosed information that is
				materially relevant to the project. Failure to do so may result in denial of
				the application or recoupment of any grant funds awarded to the
				applicant.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-04 - Grant evaluation criteria

Current through Supplement No. 393, July, 2024
All applications will be evaluated based on criteria
				  established by the aeronautics commission.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-05 - Application review

Current through Supplement No. 393, July, 2024
The following process will be used to review applications
				  submitted to the commission.
1. Upon
				receipt of an application, the commission staff shall determine whether the
				application is complete and meets the eligibility requirements.
2. The commission staff shall review
				completed applications for eligible projects and assess their merits using the
				criteria established by the commission.
3. After receiving the commission staff
				recommendations, the commission may grant preliminary approval of applications
				based on the grant review criteria and staff recommendations. A preliminary
				approval determination is subject to change if any information submitted in the
				project application changes.
4. The
				commission shall schedule an annual state grant meeting to obtain additional
				information about applications, if necessary, and to make final decisions
				regarding grant approvals. At least one week prior to that meeting, the
				commission shall provide a list of the grant requests given preliminary
				approval to all grant applicants. Applicants whose applications received
				preliminary approval may request a modification of the approved funding prior
				to the annual state grant meeting.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-06 - Applicant notification

Current through Supplement No. 393, July, 2024
The commission shall notify applicants of the final grant
				  awards following the annual state grant meeting.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-07 - Distribution of grants

Current through Supplement No. 393, July, 2024
Each applicant who is awarded a grant must certify to the
				  commission that:
1. Funds must be used
				for the stated purpose.
2. At the
				completion of a project, any remaining balance in the allocated state grant
				must be returned to the commission.
3. The applicant will comply with all
				applicable laws and regulations.
Grant funds must be disbursed upon the completion of the
				  certification process.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-05 - AIRPORT GRANTS › Section 6-02-05-08 - Supplemental requests

Current through Supplement No. 393, July, 2024
Supplemental requests, contingency items of a previous grant,
				  or requests in response to an emergency may be considered throughout the year.
				  The applicant shall provide supportive documentation to justify the
				  request.
General Authority:
NDCC
					 2-05-06.5
Law Implemented:
NDCC
					 2-05-06.5
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-02 › Chapter 7-02-03

Current through Supplement No. 393, July, 2024
Determined repealed by the office of the Legislative Council
				pursuant to subsection 3 of North Dakota Century Code section
				28-32-03 because the authority for
				adoption of the rules was repealed by S.L. 1991, ch. 65, §
				1.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-02.1 - Apiary Division › Chapter 7-02.1-01 - Rules of the Apiary Division › Section 7-02.1-01-01 - Beekeeper's license

Current through Supplement No. 393, July, 2024
The registration of apiaries required under North Dakota
				  Century Code section 4.1-16-08 must be submitted at the same time as a license
				  application.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 4.1-16-02
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-02.1 - Apiary Division › Chapter 7-02.1-01 - Rules of the Apiary Division › Section 7-02.1-01-02 - Notification of violation

Current through Supplement No. 393, July, 2024
Each beekeeper or beekeeper's agent will be notified by
				  receiving a summary of the inspection report of any violation found in the
				  apiary at the time of inspection. It is the beekeeper's responsibility to
				  comply with the recommended procedures for correcting the
				  violation.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 4.1-16-12
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-01 - Definitions › Section 7-03.2-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, unless the context requires
				  otherwise:
1. "Commissioner" means the North Dakota agriculture
				  commissioner or the North Dakota agriculture commissioner's designee or
				  representative.
2. "Environmental protection agency" means the United States
				  environmental protection agency.
3. "Food and drug administration" means the United States
				  food and drug administration.
4. "State department of health" means the North Dakota state
				  department of health.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-55.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-02 - License to Haul, Sample, and Test › Section 7-03.2-02-01 - New licenses

Current through Supplement No. 393, July, 2024
All samplers, milk haulers, and testers must have a license
				  from the commissioner. All applicants for a sampler and tester license must
				  successfully complete an examination conducted by a certified individual
				  employed by the commissioner or the state department of health, or other
				  individual approved by the commissioner. Milk haulers must also comply with the
				  requirements of chapter 7-03.2-13.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-12,
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-02 - License to Haul, Sample, and Test › Section 7-03.2-02-02 - Relicensing

Current through Supplement No. 393, July, 2024
To be relicensed, samplers, milk haulers, and testers must
				  hold a current license and take any examinations or retraining the commissioner
				  requires.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-12,
					 4-30-38.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-02 - License to Haul, Sample, and Test › Section 7-03.2-02-03 - Training

Current through Supplement No. 393, July, 2024
All licensed samplers and milk haulers must attend a training
				  session at least once every two years. The request for training is the
				  responsibility of the sampler or milk hauler. Training must be provided by the
				  commissioner
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-12,
					 4-30-38.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-02 - License to Haul, Sample, and Test › Section 7-03.2-02-03 - Training

Current through Supplement No. 393, July, 2024
All licensed samplers and milk haulers must attend a training
				  session at least once every two years. Training must be provided by the
				  commissioner.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC 4.1-25-22,
					 4.1-25-35
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-01 - General requirements

Current through Supplement No. 393, July, 2024
All tests performed by testers must conform with the
				  requirements in the standard methods. The results of such tests must be
				  retained for one year and must be available to the commissioner upon
				  request.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18,
					 4-30-37
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-01 - General requirements

Current through Supplement No. 393, July, 2024
A tester analyzes milk for components, quality,
				  microbiological, or drug residues for the purposes of determining the value or
				  grade of the milk. All tests performed by testers must conform with the
				  requirements in the standard methods. The results of such tests must be
				  retained for one year and must be available to the commissioner upon
				  request.
General Authority:
NDCC 4.1-25-50
Law Implemented:
4.1-25-22, 4.1-25-26,
					 4.1-25-34
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-02 - Laboratories

Current through Supplement No. 393, July, 2024
All laboratories used for sampling and testing milk and milk
				  products must meet all of the requirements for grade A laboratories in the
				  pasteurized milk ordinance. All manufacturing grade laboratories used for
				  sampling and testing milk and milk products must meet all regulations imposed
				  by the United States department of agriculture. On a case-by-case basis and
				  only for good cause, the commissioner may waive the requirements of this
				  section if the commissioner imposes substitute requirements that are
				  substantially equivalent to those required above.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-03 - Universal sampling

Current through Supplement No. 393, July, 2024
A universal sample must be collected every time milk is
				  picked up at the farm. This sample must be aseptically collected and may be
				  used for all tests required by the commissioner. Before a sample is collected,
				  the milk in the tank from which the sample is to be taken must be agitated to
				  ensure that the sample is representative of the tank's
				  contents.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-04 - Sample reporting - Records

Current through Supplement No. 393, July, 2024
1. The results of all raw milk testing done
				for regulatory purposes by industry laboratories must be reported to the
				commissioner weekly. When a test shows the presence of adulterants, the
				commissioner must be informed immediately.
2. Records on sampling, testing, or grading
				of milk or cream created to comply with
				article 7-03.2 and North Dakota Century
				Code chapter 4.1-25 to establish producer pay levels must be retained and
				available to the commissioner for twelve months. These records must include the
				following:
a. Producer identification
				number.
b. Date of sampling,
				testing, or grading.
c. Type of
				sampling, testing, or grading procedure used.
d. Results of sampling, testing, or
				grading.
e. Name of licensed
				tester, grader, or sampler conducting the procedure.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-05 - Butterfat and protein composite sampling

Current through Supplement No. 393, July, 2024
A composite sample used to test butterfat and protein must
				  consist of a minimum of twenty milliliters made up of a representative sample
				  from each delivery of milk or cream to the plant. A minimum of ten milliliters
				  of milk from each delivery must be included in the composite sample. The
				  composite sample must be maintained at a temperature of thirty-two to forty
				  degrees Fahrenheit [0 to 4.4 degrees Celsius]. A composite sample may not be
				  retained for more than fifteen days and must be tested within three days after
				  the last addition. A chemical preservative must be added to maintain the
				  integrity of the sample. Approval for the type and concentration of the
				  preservative must be given by the commissioner upon request. If a composite
				  testing program is being used for butterfat or protein determination, a minimum
				  of two deliveries is required. A log is required on all composite samples
				  maintained and available to the commissioner for twelve months. This log must
				  list all of the following:
1. Date of
				the test.
2. Pickup weight of
				milk.
3. Producer's
				identification.
4. Protein or
				butterfat, or both, result for that composite sample.
5. Name of licensed tester performing the
				test.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-06 - Farm tank calibration disputes

Current through Supplement No. 393, July, 2024
When a dispute exists between the buyer and seller of raw
				  milk as to the amount of milk being removed from farm bulk milk tanks, the
				  buyer or seller may contact the commissioner who may review the matter and
				  supply a recommended resolution to the buyer and seller.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-07 - Sampling equipment

Current through Supplement No. 393, July, 2024
All sampling equipment must comply with requirements in the
				  standard methods. Certified thermometers must be used to take samples.
				  Certified thermometers must be accurate within two degrees Fahrenheit [0.55
				  degree Celsius]. Their accuracy must be checked once during a six-month period
				  at a calibration temperature of forty-two to forty-five degrees Fahrenheit [5.5
				  degrees to 7.22 degrees Celsius]. The thermometer must be calibrated by a
				  certified mercury actuated thermometer. Certification must be obtained at a
				  certified laboratory by a trained analyst approved by the commissioner The
				  analyst must maintain a log of the results of each thermometer certified. The
				  log must contain the same information recorded on the thermometer and must show
				  the certification history of all thermometers for which the analyst is
				  responsible for one year. The following must be listed on certified
				  thermometers:
1. Initials of the
				person calibrating the thermometer.
2. The date of calibration.
3. The date the calibration
				expires.
4. The thermometer owner's
				name or the thermometer number.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-07 - Sampling equipment

Current through Supplement No. 393, July, 2024
All sampling equipment must comply with requirements in the
				  standard methods. Certified thermometers must be used to take samples.
				  Certified thermometers must be accurate within two degrees Fahrenheit [1.11
				  degrees Celsius]. Their accuracy must be checked once during a six-month
				  period. Certification must be obtained by a trained analyst approved by the
				  commissioner. The analyst must maintain a log of the results of each
				  thermometer certified. The log must contain the same information recorded on
				  the thermometer and must show the certification history of all thermometers for
				  which the analyst is responsible for one year. The following must be listed on
				  certified thermometers:
1. Initials of
				the person calibrating the thermometer.
2. The date of calibration.
3. The date the calibration
				expires.
4. The thermometer owner's
				name or the thermometer number.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC
					 4.1-25-26
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-08 - Farm samplers

Current through Supplement No. 393, July, 2024
Individuals licensed to sample milk at farms shall follow the
				  procedures in the North Dakota milk hauler and sampler manual, issued by the
				  commissioner.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-09 - Plant samplers

Current through Supplement No. 393, July, 2024
1. Plant storage
				tanks used for storing raw milk without sampling cocks must be sampled using
				the procedures described in the North Dakota milk hauler and sampler manual,
				issued by the commissioner.
2.
				Samples taken from plant storage tanks with sampling cocks must use the
				following procedures:
a. Rinse the area
				around the sample cock with warm water and clean if needed.
b. Wash and dry hands.
c. Sanitize sample cock with an approved
				sanitizer or equivalent, using a minimum contact time of sixty
				seconds.
d. Purge sample cock by
				discarding enough milk to remove any excess chlorine solution.
e. Label two sample containers with the
				following information:
(1) Plant
				name.
(2) Date.
(3) Time.
(4) Temperature.
(5) Sampler name or initials.
(6) Tank or silo identification.
(7) The sample container to be used for the
				temperature control must also have "T.C." noted on it.
f. Aseptically remove the top of the bag or
				cap cover of the sample container marked "T.C." Fill the sample container
				three-quarters full, close, and place immediately in a refrigerated sample case
				with a water-ice mixture capable of keeping the sample at a temperature of
				thirty-two through forty degrees Fahrenheit [0 through 4.4 degrees
				Celsius].
g. Using the certified
				thermometer, obtain the temperature of the milk in the sample container marked
				"T.C." Write this temperature on both sample containers.
h. Aseptically remove the top of the bag or
				cap of the second sample container and obtain a sample. Fill the sample
				container three-quarters full. Close and place immediately in the refrigerated
				sample case.
i. Rinse off all
				excess milk from the sample cock and storage tank or silo.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-10 - Finished product sampling procedures

Current through Supplement No. 393, July, 2024
1.
				All finished product that is to be sampled or tested for regulatory purposes
				must be collected by the commissioner. Samples must be collected randomly and
				the older code date must be selected before a more recent code date.
2. Finished product chosen for sampling must
				be stored in a refrigerated sample container that maintains the samples at
				thirty-two to forty degrees Fahrenheit [0 to 4.4 degrees Celsius]. A
				temperature control sample must be selected for each area or cooler where
				finished milk product is stored. The temperature control must be opened and a
				temperature obtained using a certified thermometer. The temperature control
				must be closed and sealed to prevent leakage during transport. Samples must be
				taken at the plant of origin.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-18
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-03 - Requirements for Sampling and Testing › Section 7-03.2-03-11 - Adulterants

Current through Supplement No. 393, July, 2024
1.
Drug
				testing.
a. Raw milk. Prior to
				processing, the processor must test all bulk milk pickup tankers for the
				presence of beta lactam drug residues and for other residues as determined
				necessary by the commissioner. Test methods will be those approved by the
				association of official analytical chemists or the food and drug
				administration. A positive test on the commingled sample requires confirmation
				testing for drug residues of all individual producer samples making up the bulk
				pickup tanker. Bulk milk tankers testing positive must be reported to the
				commissioner immediately. This report must include the tests used, volume of
				milk contaminated, how the milk was disposed of, and which producer caused the
				positive residue. All milk sample residue results must be recorded and retained
				for examination by the commissioner for twelve months.
b. Bulk load rejected. If a bulk load of milk
				tests positive for a drug residue, the processor shall reject the entire bulk
				load. The rejected bulk load may not be used for human food.
c. Processor's loss - investigation. If a
				processor sustains a monetary loss because a bulk load of milk is rejected, the
				processor may file a complaint with the commissioner. The commissioner may
				investigate the complaint and may issue a report on the amount of monetary loss
				suffered by the processor and on the responsibility for the rejected load and
				for the processor's monetary loss.
d. Followup testing. If a bulk load of milk
				tests positive for drug residue, the processor shall immediately notify the
				commissioner and suspend further pick up of milk from the producer whose milk
				contaminated the bulk load until followup tests of that producer's milk test
				negative for drug residues. The dairy processor must perform these followup
				tests.
e. Testing bulk loads. In
				addition to performing routine beta lactam tests, a processor shall randomly
				test bulk milk deliveries for other drug residues as required by the
				commissioner. The drug testing program shall include milk from each producer in
				at least four separate months during any consecutive six-month
				period.
f. Finished product. All
				finished milk products must be free of antibiotics. Raw milk contaminated with
				antibiotics may not be used in processing finished milk products. All
				manufacturing grade finished milk products must be tested as determined by the
				commissioner. These products include fluid and cultured products, butter,
				cheese, and other products so designated by the commissioner.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-04 - Licensing Procedures for Dairy Farms › Section 7-03.2-04-01 - General requirements for licensing dairy farms

Current through Supplement No. 393, July, 2024
1. All dairy farms wishing to sell milk must
				apply for a farm license. No farm may sell milk without a license.
2. Application for a license must be filed
				with the commissioner. Soon after receiving the application the commissioner
				shall inspect the farm and its facilities and premises.
3. A set of plans containing information on
				the dairy farm, milking facility, and milking equipment must be submitted to
				the commissioner for new dairy farms and prior to major changes in existing
				facilities. The plans must be provided by the dairy producer and approved by
				the commissioner prior to licensure and prior to starting any
				construction.
4. A facility
				inspection must be conducted and a water sample taken as a licensing
				requirement. Satisfactory results from both these items will result in the
				posting of an inspection sheet, which certifies that the facility can sell milk
				in North Dakota.
5. The inspection
				sheet must be prominently posted in the milkhouse and is part of the record in
				all administrative proceedings involving compliance with North Dakota Century
				Code chapter 4-30 and rules enacted under it.
6. The commissioner will license dairy farms
				either as:
a. Grade A, which is a farm that
				is licensed to meet production practices required by North Dakota Century Code
				section 4-30-36; or
b. Manufacturing grade, which is a farm that
				is licensed to meet production requirements required by North Dakota Century
				Code section
				4-30-27.