N.D. Admin. Code Title 7 — Agriculture Commissioner

Article 7-02.1 Apiary Division

Chapter 7-02.1-01 Rules of the Apiary Division

N.D. Admin. Code 7-02.1-01 Rules of the Apiary Division

ARTICLE 7-02.1

APIARY DIVISION

Chapter 7-02.1-01Rules of the Apiary Division

CHAPTER 7-02.1-01

RULES OF THE APIARY DIVISION

Section 7-02.1-01-01Beekeeper's License 7-02.1-01-02Notification of Violation 7-02.1-01-01. Beekeeper's license.

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.

History: Effective July 1, 2019.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 4.1-16-02 7-02.1-01-02. Notification of violation.

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.

History: Effective July 1, 2019.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 4.1-16-12

Article 7-03.2 Dairy Division

Chapter 7-03.2-01 Definitions

N.D. Admin. Code 7-03.2-01 Definitions

ARTICLE 7-03.2

DAIRY DIVISION

Chapter 7-03.2-01Definitions 7-03.2-02License to Haul, Sample, and Test 7-03.2-03Requirements for Sampling and Testing 7-03.2-04Licensing Procedures for Dairy Farms 7-03.2-05Manufacturing Farm Regulations 7-03.2-06Changing the Milk Buyer 7-03.2-07Milk and Milk Products Standards 7-03.2-08Composition Standards for Milk Products 7-03.2-09Frozen Desserts 7-03.2-10Inspection Requirements for Dairy Manufacturing and Processing Plants 7-03.2-11Inspection Criteria for Grade A Plants 7-03.2-12Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes 7-03.2-13Milk Haulers Licensing 7-03.2-14Transportation of Processed and Manufactured Products 7-03.2-15Butterfat Test 7-03.2-16Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter 7-03.2-17Goat ad Sheep Milk Production and Processing 7-03.2-18Distributors of Milk and Milk Products

CHAPTER 7-03.2-01

DEFINITIONS

Section 7-03.2-01-01Definitions 7-03.2-01-01. Definitions.

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.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-50

Chapter 7-03.2-02 License to Haul, Sample, and Test

N.D. Admin. Code 7-03.2-02 License to Haul, Sample, and Test

CHAPTER 7-03.2-02

LICENSE TO HAUL, SAMPLE, AND TEST

Section 7-03.2-02-01New Licenses 7-03.2-02-02Relicensing 7-03.2-02-03Training [Repealed] 7-03.2-02-01. New licenses.

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.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-22, 4.1-25-26 7-03.2-02-02. Relicensing.

To be relicensed, samplers, milk haulers, and testers must hold a current license and take any examinations or retraining the commissioner requires.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-22, 4.1-25-35 7-03.2-02-03. Training.

Repealed effective April 1, 2026.

Chapter 7-03.2-03 Requirements for Sampling and Testing

N.D. Admin. Code 7-03.2-03 Requirements for Sampling and Testing

CHAPTER 7-03.2-03

REQUIREMENTS FOR SAMPLING AND TESTING

Section 7-03.2-03-01General Requirements 7-03.2-03-02Laboratories 7-03.2-03-03Universal Sampling 7-03.2-03-04Sample Reporting - Records 7-03.2-03-05Butterfat and Protein Composite Sampling 7-03.2-03-06Farm Tank Calibration Disputes 7-03.2-03-07Sampling Equipment 7-03.2-03-08Farm Samplers 7-03.2-03-09Plant Samplers 7-03.2-03-10Finished Product Sampling Procedures 7-03.2-03-11Adulterants 7-03.2-03-01. General requirements.

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.

History: Effective October 1, 2009; amended effective July 1, 2024.

Law Implemented: NDCC 4.1-25-22, 4.1-25-26, 4.1-25-34 7-03.2-03-02. Laboratories.

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. 7-03.2-03-03. Universal sampling.

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. 7-03.2-03-04. Sample reporting - Records.

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.

3.When the commissioner is investigating a complaint, the plant must give the commissioner access to all quality records that the commissioner requests.

History: Effective October 1, 2009; amended effective July 1, 2019.

Law Implemented: NDCC 4.1-25-26, 4.1-25-34 7-03.2-03-05. Butterfat and protein composite sampling.

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. 7-03.2-03-06. Farm tank calibration disputes.

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. 7-03.2-03-07. Sampling equipment.

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.

History: Effective October 1, 2009; amended effective July 1, 2024. 7-03.2-03-08. Farm samplers.

Individuals licensed to sample milk at farms shall follow the procedures in the North Dakota milk hauler and sampler manual, issued by the commissioner. 7-03.2-03-09. Plant samplers.

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. 7-03.2-03-10. Finished product sampling procedures.

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. 7-03.2-03-11. Adulterants.

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.

2.Drug residue and other substances. A person may not sell or offer for sale milk that contains drug residues or other chemical substances in amounts above the tolerances set in the food and drug administration's Memorandum of Information No. M-I-28-9, dated February 9, 2018, and in title 21, Code of Federal Regulations, parts 530 and 556. These levels are merely guidelines. Milk with drug residues or other chemical substances below these tolerances is not necessarily unadulterated or otherwise acceptable milk, and selling or offering to sell such milk may be subject to penalty and other regulatory action by the commissioner.

a.When a producer has shipped milk that tests positive for residue, the producer's farm license must be suspended until a sample of the producer's milk tests negative.

b.When a producer has shipped milk that tests positive for residue three times in a twelve-month period, the producer's farm license may be revoked if the commissioner's investigation warrants such action.

c.The commissioner will complete a followup inspection when a producer's milk tests positive for residue.

3.Pesticides. Milk containing any pesticides or chemical contamination exceeding food and drug administration or environmental protection agency standards for safe food may not be offered for sale.

4.Added water. Milk may not contain added water. Any packaged milk that tests under .530 degrees Hortvet using the cryoscope thermistor test may not be offered for sale.

History: Effective October 1, 2009; amended effective July 1, 2019; July 1, 2024.

Law Implemented: NDCC 4.1-25-02, 4.1-25-26, 4.1-25-35, 4.1-25-36, 4.1-25-37

Chapter 7-03.2-04 Licensing Procedures for Dairy Farms

N.D. Admin. Code 7-03.2-04 Licensing Procedures for Dairy Farms

CHAPTER 7-03.2-04

LICENSING PROCEDURES FOR DAIRY FARMS

Section 7-03.2-04-01General Requirements for Licensing Dairy Farms 7-03.2-04-02Special Requirements for Licensing Dairy Farms 7-03.2-04-03Denial of Licensure and Appeal 7-03.2-04-04Temporary Facilities' License for Selling Raw Milk 7-03.2-04-05Grade A Farms - Loss of Status - Inspection - Access 7-03.2-04-01. General requirements for licensing dairy farms.

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 4.1-25 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 4.1-25-30; or

b.Manufacturing grade, which is a farm that is licensed to meet production requirements required by North Dakota Century Code section 4.1-25-28.

7.Licensure continues unless suspended or revoked and is not transferable.

8.A dairy farm temporarily not in use during a normally scheduled inspection is required to be relicensed prior to starting raw milk production.

9.All licensed farms will be assigned a producer number by the commissioner. This number must be used by the producer, bulk hauler, and plant when communicating with the commissioner.

History: Effective October 1, 2009; amended effective July 1, 2024.

Law Implemented: NDCC 4.1-25-28, 4.1-25-30, 4.1-25-33 7-03.2-04-02. Special requirements for licensing dairy farms.

1.To be licensed as a grade A milk farm, the farm must satisfy the following:

a.The farm must score a ninety or above during the initial inspection, without any equipment cleaning, major drug labeling, major drug storage, or milk cooling violations.

b.The water supply must meet the requirements of the North Dakota board of water well contractors and state department of health, or the water supply must be approved for municipal or rural water use by the state department of health.

c.The farm bulk tank must be empty at the time of licensing.

d.Properly mounted and installed 36A or N36 vacuum relief valves or a properly installed low pressure cut off switch downstream from a shut off valve, are required on power washers and booster pumps.

e.All equipment must meet applicable 3A standards and practices.

2.Manufacturing grade milk farms must meet all rules of the United States department of agriculture.

History: Effective October 1, 2009; amended effective July 1, 2019; April 1, 2026.

Law Implemented: NDCC 4.1-25-28, 4.1-25-50 7-03.2-04-03. Denial of license and appeal.

1.Should the inspection determine that deficiencies exist, causing a score below a ninety without any equipment cleaning, major drug labeling, major drug storage, or milk cooling violations, the farm may not be licensed.

2.The producer shall correct deficiencies before requesting a reinspection.

3.A producer denied a license may appeal that decision to the commissioner within thirty days of the denial, by requesting, in writing, a hearing. The commissioner shall convene a hearing as soon as possible.

History: Effective October 1, 2009; amended effective July 1, 2019.

Law Implemented: NDCC 4.1-25-02 7-03.2-04-04. Temporary facilities' license for selling raw milk.

1.Application must be made to the commissioner to license temporary facilities for dairy shows, fairs, etc.

2.Temporary facilities must comply with all construction requirements in article 7-03.2 and in North Dakota Century Code chapter 4.1-25 for farm facilities offering raw milk for sale.

Lactating dairy animals must never be housed with fowl, swine, or other potential carriers of milk-borne illnesses.

3.An onsite facility inspection must be conducted by the commissioner prior to milk sales. If a temporary permit is issued, the permit will be the commissioner's inspection sheet, which the licensee must post in a place at the licensed facility to be readily viewed by the public. The permit duration will be set by the commissioner.

4.All milk offered for sale from facilities with temporary permits must be screened by the licensee for inhibitory substances by use of the Delvo P or other tests accepted by the commissioner. The person administering the test must be a licensed tester.

History: Effective October 1, 2009.

Law Implemented: NDCC 4.1-25-30 7-03.2-04-05. Grade A farms - Loss of status - Inspection - Access.

1.If a grade A farm has three repeat violations that concern the same inspection item, or if the farm scores seventy-five or below in an inspection, it will be downgraded to manufacturing grade status. The commissioner shall notify the milk plant, the milk hauler, and the producer of the status change.

2.A grade A farm in violation of equipment cleaning, drugs, temperature, and other requirements established to protect the public from serious health risks will be reinspected not before three days but before twenty-one days.

3.If a grade A dairy farm is downgraded three times in any two-year period for any reason, the farm must remain downgraded for up to ninety days as determined by the commissioner. For a farm to regain a grade A license, a reinstatement inspection is required.

4.If access to a grade A farm is denied to persons seeking to undertake an inspection, federal check rating, an interstate milk survey, or any state inspection, then the farm will be immediately downgraded to manufacturing grade status and will lose its grade A status.

History: Effective October 1, 2009; amended effective July 1, 2019.

Law Implemented: NDCC 4.1-25-24, 4.1-25-30

Chapter 7-03.2-05 Manufacturing Farm Regulations

N.D. Admin. Code 7-03.2-05 Manufacturing Farm Regulations

CHAPTER 7-03.2-05

MANUFACTURING FARM REGULATIONS

Section 7-03.2-05-01Herd Health 7-03.2-05-02Quality Standards 7-03.2-05-03Water Supply 7-03.2-05-04Milk Truck Approach - Hoseport Slab - Port Opening 7-03.2-05-05Waste 7-03.2-05-06Federal Requirements 7-03.2-05-07Pesticides and Medicines 7-03.2-05-08Bulk Milk - Tank - Conversion Table - Temperature 7-03.2-05-09Premises Cleanliness 7-03.2-05-10Milking Procedures 7-03.2-05-11Farm Inspection Procedures and Enforcement 7-03.2-05-01. Herd health.

Milk offered for sale must be obtained from healthy cows.

Law Implemented: NDCC 4.1-25-28, 4.1-25-36 7-03.2-05-02. Quality standards.

1.Milk offered for sale must meet United States department of agriculture regulations.

2.The commissioner will place a producer's raw milk under warning when:

a.Two of the last four bacteria counts exceed 500,000 cells/ml. No sooner than three days, nor more than twenty-one days, after the commissioner issues the warning, another milk sample must be taken and tested. If the result is more than 500,000 cells/ml, the producer’s milk must be excluded from the market. To regain access to the market the farm must pass an inspection by the commissioner, during which the bulk milk tank must be empty, and the farm’s milk must be sampled and tested under and must meet conditions set by the commissioner. If the result of this test is 500,000 cells/ml or less, a temporary permit will be issued. If a temporary permit is issued, three milk samples must be taken within twenty-one days after the permit is issued. No more than two samples may be taken within any seven-day period. If the bacteria count of all three samples is 500,000 cells/ml or less, the producer will again have full status for manufacturing grade milk.

b.Two out of the last four monthly somatic cell counts exceed 750,000 cells/ml. No sooner than three days, nor more than twenty-one days, after the commissioner issues the warning another milk sample must be taken and tested. If the result is more than 750,000 cells/ml, the producer's milk must be excluded from the market. To regain access to the market the farm’s milk must be sampled and tested and must meet conditions set by the commissioner. If the result of this test is 750,000 cells/ml or less, a temporary permit will be issued. If a temporary permit is issued, three milk samples must be taken within twenty-one days after the permit is issued. No more than two samples may be taken within any seven-day period. If the somatic count of all three samples is 750,000 cells/ml or less, the producer will again have full status for manufacturing grade milk.

3.A farm license will be suspended if the farm scores below eighty on three consecutive farm inspections. The commissioner will reinstate a license when conditions leading to the suspension have been corrected by evidence of either test results or a satisfactory farm inspection.

4.The volume of milk in the bulk tank after the first milking must be sufficient to ensure adequate agitation of the milk. Failure to produce adequate volumes on the first milking may result in suspension of a farm’s license to sell raw milk.

History: Effective October 1, 2009; amended effective July 1, 2019.

Law Implemented: NDCC 4.1-25-28, 4.1-25-36, 4.1-25-37 7-03.2-05-03. Water supply.

1.The farm’s water supply must be properly located, protected, and operated and must be an ample supply and safe for cleaning utensils and equipment. Rural farm water supplies approved by the state department of health are acceptable. Wells constructed in compliance with state board of water well contractors and tested every three years by an approved laboratory and found to be satisfactory are acceptable. Other water supplies approved by the commissioner and tested annually and found to be satisfactory are acceptable. All water sources must be tested following repairs or other disruptions to the water system and must be found satisfactory. All new water supplies to dairy farms must comply with either the state department of health requirements for rural water or the state board of water well contractors requirements for well construction.

2.Handwashing facilities with soap, individual sanitary towels, and hot and cold water under pressure must be provided. 7-03.2-05-04. Milk truck approach - Hoseport slab - Port opening.

The milk truck approach to the milk loading area must prevent excess mud and allow easy access to the milkroom. Farm animals must not have free access to the milk loading area. The hoseport slab and milk loading area must be kept clean. The hoseport slab must be constructed of concrete or other impervious material and centered under the port opening through which milk is transferred from the bulk tank to the milk truck. The hoseport slab must be sufficiently large to protect the milk hose from contamination. The port opening must be closed when not in use.

History: Effective October 1, 2009; amended effective July 1, 2019. 7-03.2-05-05. Waste.

All toilet wastes on the farm and all milkhouse and milkroom wastes must be disposed of in a manner that will not pollute the soil surface, contaminate any water supply, or be exposed to insects. 7-03.2-05-06. Federal requirements.

Farms selling manufacturing grade milk must comply with United States department of agriculture rules governing such facilities. 7-03.2-05-07. Pesticides and medicines.

Only pesticides approved for use in the milkroom with an environmental protection agency number may be stored in the milkroom and when used must be used in accordance with label instructions.

Automatic pesticide dispensers are allowed if properly installed and used with approved pesticides.

Antibiotics and other medicines may be stored in the milkroom if stored in a manner that ensures that neither the milk supply nor milk contact equipment is contaminated. 7-03.2-05-08. Bulk milk - Tank - Conversion table - Temperature.

The bulk milk tank must be equipped with an approved milk measuring device. A conversion table to determine pounds [kilograms] must be in the milkroom. Milk above forty-five degrees Fahrenheit [7.22 degrees Celsius] must not be offered for sale or transported off the farm. 7-03.2-05-09. Premises cleanliness.

The farm must be kept clean. Manure must be removed daily from the milking parlor or stored in a way that prevents access by cows. Stacked or piled manure and manure packs in housing facilities must be spread prior to fly season each year. The yard or loafing area must be of ample size to prevent overcrowding, must be drained to prevent standing water pools, and must be kept clean. 7-03.2-05-10. Milking procedures.

All milking procedures must comply with United States department of agriculture regulations. 7-03.2-05-11. Farm inspection procedures and enforcement.

1.Farms under warning for cleaning violations, major drug violations, or cooling equipment problems will be inspected within twenty-one days.

2.Items for which the commissioner has established a compliance deadline are exempted from further action until the deadline has expired.

Law Implemented: NDCC 4.1-25-30, 4.1-25-50

Chapter 7-03.2-06 Changing the Milk Buyer

N.D. Admin. Code 7-03.2-06 Changing the Milk Buyer

CHAPTER 7-03.2-06

CHANGING THE MILK BUYER

Section 7-03.2-06-01Transfer Procedures 7-03.2-06-01. Transfer procedures.

1.A dairy producer who wants to contract with a new milk buyer shall apply to the commissioner for authority to do so. The application must be on forms provided by the commissioner.

2.Upon receipt of an application, the commissioner shall examine the applicant’s inspection and milk quality records. If the records indicate that the applicant meets minimum milk quality standards and is under no suspension or suspension warning, the commissioner shall immediately approve the application and mail a copy to the applicant and the buyers involved.

Should the applicant’s records leave doubt about whether minimum standards are met, the commissioner shall immediately order a milk sample be taken or an inspection of the dairy facility, or both, to determine compliance. If the inspection and milk quality tests conclude that the applicant meets minimum standards, the commissioner shall immediately approve the transfer. The transfer takes effect on the date the commissioner approves it or on another date the commissioner sets.

3.The commissioner shall approve or disapprove an application in writing, within seven days.

Additional time may be taken if the commissioner requires a farm inspection or testing a milk sample.

4.Upon the applicant’s written request, which must be submitted within thirty days of the denial of a transfer request, the commissioner shall promptly convene a hearing to determine whether the denial was proper.

5.If an applicant wishes to retain the applicant’s current milk buyer before the approved transfer date, the applicant may ask the commissioner to rescind the transfer. The applicant must notify the buyers involved that the transfer was rescinded.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-50

Chapter 7-03.2-07 Milk and Milk Products Standards

N.D. Admin. Code 7-03.2-07 Milk and Milk Products Standards

CHAPTER 7-03.2-07

MILK AND MILK PRODUCTS STANDARDS

Section 7-03.2-07-01Chemical, Physical, Bacteriological, and Temperature Standards 7-03.2-07-02Enforcement Procedures 7-03.2-07-01. Chemical, physical, bacteriological, and temperature standards.

All milk and milk products must meet the chemical, physical, bacteriological, and temperature standards established by the United States department of agriculture regulations and by the pasteurized milk ordinance.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-29, 4.1-25-30 7-03.2-07-02. Enforcement procedures.

1.Whenever three of the last five consecutive bacteria, temperature, or coliform counts exceed the standards of the pasteurized milk ordinance or United States department of agriculture regulations, the commissioner will suspend the product in question until an acceptable sample is received.

2.Whenever any phosphatase test is positive, the commissioner shall conduct an investigation to determine the cause and the product in question may not be offered for sale until the cause is determined and eliminated.

3.Whenever any drug or pesticide test results in a level exceeding the limits established by the food and drug administration or environmental protection agency, the product in question must be removed from the market and the commissioner shall conduct an investigation to determine the cause. The milk product in question may not be offered for sale until the cause is determined and eliminated.

4.Cheeses processed or sold in North Dakota must meet definitions and standards found in title 21, Code of Federal Regulations, Part 133.

History: Effective October 1, 2009; amended effective July 1, 2024; April 1, 2026.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-29, 4.1-25-30, 4.1-25-52

Chapter 7-03.2-08 Composition Standards for Milk Products

N.D. Admin. Code 7-03.2-08 Composition Standards for Milk Products

CHAPTER 7-03.2-08

COMPOSITION STANDARDS FOR MILK PRODUCTS

Section 7-03.2-08-01Composition Standards for Milk Products 7-03.2-08-01. Composition standards for milk products.

All pasteurized milk ordinance-defined milk and milk products must satisfy the composition standards set by the pasteurized milk ordinance and food bearing standardized food names must comply with the Code of Federal Regulations standard.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-29, 4.1-25-30

Chapter 7-03.2-09 Frozen Desserts

N.D. Admin. Code 7-03.2-09 Frozen Desserts

CHAPTER 7-03.2-09

FROZEN DESSERTS

Section 7-03.2-09-01Frozen Desserts - Manufacturers and Processors Regulations 7-03.2-09-02Microbiological Requirements for Ice Cream, Ice Milk, Ice Cream Mix, and Frozen Yogurt 7-03.2-09-03Resampling 7-03.2-09-01. Frozen desserts - Manufacturers and processors regulations.

1.For the purposes of this chapter, frozen desserts include ice cream, ice milk, sherbet, soft serve, frozen yogurt, and any frozen dessert or ice cream mix containing dairy products.

2.A license from the commissioner is required for any frozen dessert processor that packages, freezes, or adds flavors to ice cream mix. Establishments selling or delivering directly to the ultimate consumer are exempt from licensing.

3.All frozen dessert processors must be inspected once every three months by the commissioner.

4.All new equipment used by frozen dessert processors must comply with 3A standards or other standards acceptable to the commissioner. Modifications of plant processes for manufacturing frozen desserts must be submitted to the commissioner for approval prior to installation or construction.

5.All raw milk and dairy ingredients used in processing frozen desserts must be pasteurized and must originate from plants approved by the United States department of agriculture, the food and drug administration, or the commissioner.

6.Sanitary requirements, at a minimum, must meet United States department of agriculture regulations for manufacturing frozen desserts.

7.Four samples within a six-month period must be collected by the commissioner from each frozen dessert processor.

8.Samples must be handled in accordance with the standard methods. Samples must be tested at laboratories approved by the commissioner.

History: Effective October 1, 2009; amended effective July 1, 2024.

Law Implemented: NDCC 4.1-25-02, 4.1-25-29, 4.1-25-30 7-03.2-09-02. Microbiological requirements for ice cream, ice milk, ice cream mix, and frozen yogurt.

1.The United States department of agriculture regulations that set microbiological requirements for frozen desserts apply to ice cream, ice milk, ice cream mix, and frozen yogurt.

2.All milk, when delivered to a plant to be used in making ice cream, ice milk, ice cream mix, or frozen yogurt, must have a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower. If the delivered milk is from a single producer, it must not exceed five hundred thousand per milliliter standard plate count. If the delivered milk is commingled, it must not exceed one million per milliliter standard plate count.

3.All cream delivered to a plant to be used in making ice cream, ice milk, ice cream mix, or frozen yogurt must have a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower. All delivered cream must not exceed eight hundred thousand per milliliter standard plate count.

4.All dry dairy ingredients to be used in making ice cream, ice milk, ice cream mix, or frozen yogurt must meet the manufacturing standards set by United States department of agriculture regulations.

5.All ice cream, ice milk, ice cream mix, and frozen yogurt products must meet the following phosphatase and coliform requirements:

a.Phosphatase. The phenol value of a product may be no greater than the minimum specified for the product as determined by the phosphatase test in the standard methods, or other tests approved by the commissioner.

b.Coliform.

(1)In plain ice cream, ice milk, ice cream mix, and frozen yogurt products, the coliform may not exceed ten per milliliter. Further, these products must not exceed fifty thousand per milliliter standard plate count.

(2)In flavored ice cream, ice milk, ice cream mix, and yogurt products, the coliform may not be more than twenty per milliliter. Further, these products must not exceed fifty thousand per milliliter standard plate count.

History: Effective October 1, 2009; amended effective July 1, 2024.

Law Implemented: NDCC 4.1-25-29, 4.1-25-30, 4.1-25-50 7-03.2-09-03. Resampling.

When a sample exceeds the microbiological requirements, the licensed operator must be notified in writing. When two samples out of four consecutive samples of the same flavor are not in compliance, a warning must be sent. The next batch produced of that flavor shall be sampled. When three out of five consecutive samples of the same flavor are not in compliance, sale of the flavored product must be stopped until the test results are in compliance.

History: Effective October 1, 2009; amended effective July 1, 2019; July 1, 2024.

Law Implemented: NDCC 4.1-25-29, 4.1-25-30, 4.1-25-44

Chapter 7-03.2-10 Inspection Requirements for Dairy Manufacturing and Processing Plants

N.D. Admin. Code 7-03.2-10 Inspection Requirements for Dairy Manufacturing and Processing Plants

CHAPTER 7-03.2-10

INSPECTION REQUIREMENTS FOR DAIRY

MANUFACTURING AND PROCESSING PLANTS

Section 7-03.2-10-01Premises 7-03.2-10-01. Premises.

Dairy processing plants must comply with United States department of agriculture regulations for approved dairy plants and regulations for grades of dairy products and with appendix H of the pasteurized milk ordinance.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-24

Chapter 7-03.2-11 Inspection Criteria for Grade A Plants

N.D. Admin. Code 7-03.2-11 Inspection Criteria for Grade A Plants

CHAPTER 7-03.2-11

INSPECTION CRITERIA FOR GRADE A PLANTS

Section 7-03.2-11-01Inspection Criteria 7-03.2-11-01. Inspection criteria.

All grade A milk must be processed according to the requirements of the pasteurized milk ordinance.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-30

Chapter 7-03.2-12 Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes

N.D. Admin. Code 7-03.2-12 Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes

CHAPTER 7-03.2-12

TRANSPORTATION OF MILK AND CREAM FOR MANUFACTURING, PROCESSING, OR

BOTTLING PURPOSES

Section 7-03.2-12-01Licensing 7-03.2-12-02Equipment and Vehicles 7-03.2-12-03Raw Milk Pickup 7-03.2-12-04Pup Trailers - Two-Compartment Tankers 7-03.2-12-05Washing Trucks 7-03.2-12-06Topping Off - Emptying Farm Bulk Tank 7-03.2-12-01. Licensing.

All persons owning or operating a truck or other vehicle involved in transporting milk and cream for manufacturing purposes must be licensed by the commissioner.

Law Implemented: NDCC 4.1-25-02, 4.1-25-22, 4.1-25-35 7-03.2-12-02. Equipment and vehicles.

The maximum amount of time between pickup of milk on the farm is ninety-six hours. All equipment used to transport milk or cream must conform to 3A standards, or other standards acceptable to the commissioner. Equipment not meeting 3A standards and not otherwise having the commissioner's approval must be sealed or tagged by the commissioner and may not be used for storing and transporting milk and milk products. Vehicles used for transporting milk or milk products may not be used for transporting other products, unless approved by the commissioner. 7-03.2-12-03. Raw milk pickup.

1.Raw milk picked up on the farm must be stored in containers meeting all the following requirements:

a.Comply with 3A standards, or other standards approved by the commissioner.

b.Able to agitate to obtain a universal sample.

c.Able to hold milk at a temperature between thirty-two to forty-five degrees Fahrenheit [0 to 7.22 degrees Celsius].

2.Only raw milk stored on the farm in bulk tanks approved by the commissioner may be picked up. Milk stored in containers not complying with this section may not be added to milk stored in a container meeting the requirements of this section.

3.Filter bowls or open bowl strainers with fiber filters must comply with 3A standards. Only approved in-line filtering devices may be used to transfer milk from a farm bulk tank to a farm bulk truck. These devices must be stored in a sanitary manner.

4.During transfer of all milk or milk products from farm bulk trucks or tankers, a filter is required for any air inlet vent when the transfer occurs out-of-doors or in an area not completely enclosed.

5.Transfer of milk and milk products between trucks or tankers must be made from valve to valve with adequate filter protection for air inlet vent.

6.Only milk stored at forty-five degrees Fahrenheit [7.22 degrees Celsius] or below may be picked up at the farm.

7.Milk may only be picked up from farms that have posted a valid license issued by the commissioner.

Law Implemented: NDCC 4.1-25-50 7-03.2-12-04. Pup trailers - Two-compartment tankers.

When pup trailers are used in hauling milk and milk products, the connecting pipeline between the main tanker and pup trailer must be kept free of milk or milk products during transport. Any milk retained in the connecting pipeline must be disposed of and not transferred to plant storage silos or tanks. These connecting pipelines or hoses must be cleaned and sanitized between each use.

Two-compartment tankers must carry the same grade product in each compartment unless all the milk is used for the lowest grade. 7-03.2-12-05. Washing trucks. 1.a.All tankers and farm bulk trucks used for transporting raw milk from the farm to the plant must be washed and sanitized at the end of each day's use. A record of this cleaning must be kept and may consist of a mechanical recording chart, a wash log, or any other approved methods consistent with the requirements of appendix B, milk sampling hauling, and transportation of the pasteurized milk ordinance.

b.All items such as valves and milk pumps that cannot be cleaned in place must be manually cleaned and sanitized at the end of each day's use.

c.All milk transported in tankers or farm bulk trucks that are washed out of state and do not have the required seal and wash tag must be diverted to nongrade A uses.

2.If milk is held in tankers or farm bulk trucks overnight, the milk may not exceed forty-five degrees Fahrenheit [7.22 degrees Celsius].

History: Effective October 1, 2009; amended effective July 1, 2019. 7-03.2-12-06. Topping off - Emptying farm bulk tank.

Milk haulers must completely empty a farm bulk tank at every pickup. If this is not possible, the milk remaining in the farm bulk tank must be picked up before the next milking, unless the farm bulk tank is equipped with seven-day temperature-recording device that complies with appendix H, IV, temperaturerecording devices used in storage tanks of the pasteurized milk ordinance. The tank must be emptied, cleaned, and sanitized at least every seventy-two hours.

History: Effective October 1, 2009; amended effective July 1, 2019.

Chapter 7-03.2-13 Milk Haulers Licensing

N.D. Admin. Code 7-03.2-13 Milk Haulers Licensing

CHAPTER 7-03.2-13

MILK HAULERS LICENSING

Section 7-03.2-13-01License Requirements 7-03.2-13-02Training [Repealed] 7-03.2-13-03Violations 7-03.2-13-01. License requirements.

All owners of tankers and farm bulk trucks must be licensed by the commissioner as milk haulers.

The following items must be complied with to obtain a license:

1.The outside of vehicles hauling milk must be identified with the owner's name, address, and identification number. This information must be in letters of such height making them easy to read from a distance of one hundred feet.

2.Vehicles hauling milk must comply with 3A standards for unrefrigerated tanks storing milk and milk products.

3.The license must be renewed annually.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-02, 4.1-25-22, 4.1-25-35 7-03.2-13-02. Training.

Repealed effective July 1, 2019. 7-03.2-13-03. Violations.

The milk hauler is responsible for the acts of any employee who violates the requirements of this

article.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-35

Chapter 7-03.2-14 Transportation of Processed and Manufactured Products

N.D. Admin. Code 7-03.2-14 Transportation of Processed and Manufactured Products

CHAPTER 7-03.2-14

TRANSPORTATION OF PROCESSED AND MANUFACTURED PRODUCTS

Section 7-03.2-14-01License [Repealed] 7-03.2-14-02Vehicle Requirements 7-03.2-14-03Outdated Products 7-03.2-14-01. License.

Repealed effective April 1, 2026. 7-03.2-14-02. Vehicle requirements.

All vehicles used to transport dairy products must comply with the following:

1.A temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower must be maintained in the storage area of the vehicle.

2.All milk and milk products, except frozen desserts, must be maintained at forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower. Ultrapasteurized and aseptically processed dairy products are exempt from this requirement.

3.Frozen desserts must be properly cooled to maintain solid form and texture.

4.The interior of the storage area must be cleaned daily and be free from insects and rodents.

5.An approved thermometer must be mounted in the storage area of all vehicles.

History: Effective October 1, 2009; amended effective April 1, 2013.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-50 7-03.2-14-03. Outdated products.

Dairy products that have exceeded their code date for retail sale may not be transported from the processing plant to be offered for sale.

History: Effective October 1, 2009; amended effective April 1, 2026.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-50

Chapter 7-03.2-15 Butterfat Test

N.D. Admin. Code 7-03.2-15 Butterfat Test

CHAPTER 7-03.2-15

BUTTERFAT TEST

Section 7-03.2-15-01Butterfat Test Fee 7-03.2-15-01. Butterfat test fee.

A fee of ten dollars for each party involved in the dispute must be charged for an official butterfat test.

History: Effective October 1, 2009.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-43

Chapter 7-03.2-16 Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter

N.D. Admin. Code 7-03.2-16 Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter

CHAPTER 7-03.2-16

LABELING MILK AND MILK PRODUCTS FOR RETAIL SALE AND OUT-OF-STATE

BUTTER

Section 7-03.2-16-01Federal Labeling Requirements 7-03.2-16-02Cheese Labeling 7-03.2-16-03Sodium Labeling 7-03.2-16-04Frozen Desserts 7-03.2-16-05Out-of-State Butter 7-03.2-16-01. Federal labeling requirements.

All milk and milk products must comply with the labeling and nomenclature requirements of title 21, Code of Federal Regulations, parts 131, 133, and 135, and section 343(q)( r) of title 21, United States Code. 7-03.2-16-02. Cheese labeling.

1.Bulk cheese must be legibly marked with:

a.The name of the product.

b.Date of manufacture.

c.Vat number.

d.The manufacturer’s officially designated code number or name and address.

e.A statement whether the product is pasteurized or heat-treated, or intended for further processing.

f.Other information as required by United States department of agriculture regulations and by 21 United States Code 343(q)(r).

2.Each consumer-sized container must be marked with:

a.Name and address of the manufacturer or United States department of agriculture code.

b.Name of packer or distributor.

c.Net weight of the contents.

d.Name of the product.

e.Date of manufacture.

f.Date of packing.

g.Other information as required by title 21, Code of Federal Regulations, part 133.

3.In lieu of the requirements of subsection 2 where it is not practical to label consumer-sized packages consistent with the requirements in subsection 2, a record of processing dates, product names, vat numbers, and plant code of the original bulk cheese must be kept on file at the particular establishment for one year and made available to the commissioner upon request. 7-03.2-16-03. Sodium labeling.

Sodium labeling must comply with 21 United States Code 343(q)(r). 7-03.2-16-04. Frozen desserts.

All frozen dessert labels must include:

1.Name of product.

2.Name of plant that processed the product.

3.Address of processor.

4.Size or volume of container.

5.Whether the product is naturally or artificially flavored.

6.List of ingredients in descending order.

7.Other pertinent information as required by United States department of agriculture regulations and 21 United States Code 343(q)(r). 7-03.2-16-05. Out-of-state butter.

All butter coming into North Dakota must be from United States department of agriculture-listed plants.

Law Implemented: NDCC 4.1-25-50

Chapter 7-03.2-17 Goat and Sheep Milk Production and Processing

N.D. Admin. Code 7-03.2-17 Goat and Sheep Milk Production and Processing

CHAPTER 7-03.2-17

GOAT AND SHEEP MILK PRODUCTION AND PROCESSING

Section 7-03.2-17-01Requirements 7-03.2-17-01. Requirements.

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 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.

History: Effective October 1, 2009; amended effective July 1, 2019; July 1, 2024.

General Authority: NDCC 4.1-25-50

Law Implemented: NDCC 4.1-25-30

Chapter 7-03.2-18 Distributors of Milk and Milk Products

N.D. Admin. Code 7-03.2-18 Distributors of Milk and Milk Products

CHAPTER 7-03.2-18

DISTRIBUTORS OF MILK AND MILK PRODUCTS

Section 7-03.2-18-01Licensing Requirements 7-03.2-18-02Origin of Grade A Products 7-03.2-18-03Compliance With Federal Rules 7-03.2-18-01. Licensing requirements.

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.

History: Effective October 1, 2009. 7-03.2-18-02. Origin of grade A products.

A distributor may distribute grade A milk and milk products produced out of state, provided they are produced by a facility approved and listed as an interstate milk shipper by the interstate milk shippers association.

History: Effective October 1, 2009; amended effective April 1, 2026. 7-03.2-18-03. Compliance with federal rules.

A distributor must comply with the pasteurized milk ordinance.

History: Effective October 1, 2009.

Article 7-04 Plant Industries

Chapter 7-04-01 Pest Prevention - Black Stem Rust Quarantine

N.D. Admin. Code 7-04-01-01 Definitions

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.

History

• Law Implemented: NDCC 4.1-23-01

N.D. Admin. Code 7-04-01-02 Regulated area

The entire state is the regulated area.

N.D. Admin. Code 7-04-01-03 Regulated articles

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.

N.D. Admin. Code 7-04-01-04 Conditions governing the movement of regulated articles

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.

2.Seeds and fruits of rust-resistant berberis plants. Seeds and fruits of rust-resistant berberis plants originating within an eradication area may be moved into or within the state if accompanied by a permit.

3.Seeds and fruits of rust-resistant mahonia plants. Seeds and fruits of rust-resistant mahonia plants may be moved into and within this state if accompanied by a permit.

4.Any regulated article. Any regulated article may be moved to a specified destination for scientific purposes under such conditions as may be authorized by the commissioner under a scientific permit.

5.Black stem rust spores. Living spores originating from any other state may be moved into and within the state if accompanied by a scientific permit. Application for the permit may be made to the commissioner.

N.D. Admin. Code 7-04-01-05 Issuance and cancellation of certificates and permits

1.Certificates may be issued for any regulated articles by the commissioner if the commissioner determines that they are eligible for certification for movement to any destination under all state plant quarantines applicable to such articles and upon examination they have been found to be free from evidence of black stem rust and to be rust-resistant.

2.Limited permits may be issued by the commissioner to allow intrastate movement of regulated articles, not eligible for certification under this chapter, to specified destinations for limited handling or utilization, when upon evaluation of the circumstances involved in each specific case the commissioner determines that such movement will not result in the spread of the black stem rust and requirements of other applicable state plant quarantines have been met.

3.Restricted destination permits may be issued by the commissioner to allow the intrastate movement of regulated articles for other than scientific purposes to any destination permitted under all applicable state plant quarantines, if such articles are not eligible for certification under all such quarantines, but would otherwise qualify for certification under this chapter.

4.Scientific permits may be issued by the commissioner to allow the intrastate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the commissioner.

5.Certificate, limited permit, and restricted destination permit forms may be issued by the commissioner to any person for use by the latter for subsequent shipments provided such person is operating under a compliance agreement. Any such person may be authorized by the commissioner to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms or reproductions of such forms for the intrastate movement of regulated articles from the premises of the person identified in the compliance agreement if the person has made the determination specified in subsection 1 with respect to such articles. Any such person may use the limited permit forms or reproductions of such forms, for intrastate movement of regulated articles to specific destinations authorized by the commissioner in accordance with subsection 2. Any such person may use the restricted destination permit forms or reproductions of such forms, for the intrastate movement of regulated articles not eligible for certification under all state plant quarantines applicable to such articles, under the conditions specified in subsection 3.

6.Any certificate or permit which has been issued or authorized may be withdrawn by the commissioner if the commissioner determines that the holder thereof has not complied with any condition for the use of such document imposed by this chapter.

N.D. Admin. Code 7-04-01-06 Compliance agreements and cancellation thereof

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.

N.D. Admin. Code 7-04-01-07 Assembly and inspection of regulated articles

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.

N.D. Admin. Code 7-04-01-08 Attachment and disposition of certificates or permits

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.

N.D. Admin. Code 7-04-01-09 Inspection and disposal of regulated articles

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.

History

• Law Implemented: NDCC 4.1-23-05

N.D. Admin. Code 7-04-01-10 Nonliability of the department

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.

History

• Law Implemented: NDCC 4.1-23-05

Chapter 7-04-02 Nurseries

N.D. Admin. Code 7-04-02-01 Definitions

Repealed effective July 1, 2019.

N.D. Admin. Code 7-04-02-02 Shipping tag required

Repealed effective January 1, 1988.

N.D. Admin. Code 7-04-02-03 License to be posted

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.

History

• History: Amended effective January 1, 1988.

N.D. Admin. Code 7-04-02-04 Labeling of nursery stock

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.

2.Fruit trees, evergreens, shade trees, flowering trees, and shrubs must be labeled as to variety or cultivar.

3.All collected wild plants offered for sale must be labeled "collected from the wild" unless the stock has been grown under cultivation for at least one year.

4.The statement "nonhardy in North Dakota" must be easily visible to the consumer and printed in minimum twelve-point font. The commissioner's nonhardy list must be updated and accessible on the department website.

History

• History: Amended effective August 1, 1978; January 1, 1988; July 1, 2019.

N.D. Admin. Code 7-04-02-05 Storage and display requirements

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.

History

• History: Amended effective January 1, 1988.

N.D. Admin. Code 7-04-02-06 Minimum standards of viability

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.

History

• History: Amended effective January 1, 1988; July 1, 2019.

N.D. Admin. Code 7-04-02-07 Exemptions

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.

History

• History: Amended effective August 1, 1978; January 1, 1988; July 1, 2019.
• Law Implemented: NDCC 4.1-22-10

N.D. Admin. Code 7-04-02-08 Misrepresentation

Repealed effective January 1, 1988.

N.D. Admin. Code 7-04-02-09 Certification of nursery stock

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.

History

• History: Effective January 1, 1988; amended effective July 1, 2019.
• Law Implemented: NDCC 4.1-22-05

N.D. Admin. Code 7-04-02-10 License fees

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 the license.

History

• History: Effective January 1, 1988.

N.D. Admin. Code 7-04-02-11 Application for license

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.

History

• History: Effective January 1, 1988; amended effective July 1, 2019.

Chapter 7-04-03 Ginseng

N.D. Admin. Code 7-04-03-01 Definitions

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.

N.D. Admin. Code 7-04-03-02 Growers and dealers - License - Fees

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.

N.D. Admin. Code 7-04-03-03 Sale or shipment of cultivated ginseng

1.Any grower that harvests ginseng shall report the harvest to the commissioner, as required by United States fish and wildlife service.

2.All ginseng roots intended for sale must be certified by the commissioner on report forms.

Certification must include inspection of roots to ensure maturity and weight of each shipment.

The commissioner may charge a fee of not more than five dollars for the ginseng forms.

3.Any grower or dealer holding unsold ginseng after December thirty-first of the year of harvest shall notify the commissioner. The commissioner shall weigh the remaining ginseng and provide certification report of remaining ginseng. This report is used for future certificate of ginseng.

4.Except as provided in subsection 8, a person may not sell or ship cultivated ginseng to a dealer or ship cultivated ginseng out of this state unless the cultivated ginseng is accompanied by a completed shipment certificate provided by the commissioner. The shipment certificate must specify the year in which the cultivated ginseng was harvested. The person selling or shipping the cultivated ginseng shall submit a report form describing to the commissioner the source of all cultivated ginseng included in the sale or shipment. The report must be within thirty days of the sale or shipment. Each person that completes a shipment certificate or report form must retain a copy for three years from the date of the sale or shipment.

5.A dealer may not purchase or receive cultivated ginseng unless it is accompanied by a completed shipment certificate. A dealer shall retain a copy of each shipment certificate received for a period of three years from the date of receipt.

6.A dealer may not purchase or receive out-of-state cultivated ginseng unless it is accompanied by a valid certificate, issued by the state of origin, certifying that the shipment consists solely of out-of-state cultivated ginseng. The certificate must include the source, year of harvest, and dry weight of the out-of-state cultivated ginseng included in the shipment. The dealer shall retain a copy of each certificate received for a period of three years from the date of receipt.

7.A person may not import out-of-state cultivated ginseng into this state unless the imported shipment is accompanied by a valid certificate issued by the state of origin. A person may not ship out-of-state cultivated ginseng using a shipment certificate issued by this state.

8.Subsection 4 does not apply to a person that sells or ships cultivated ginseng dry root to a person outside this state who is buying or receiving the cultivated ginseng dry root solely for the purpose of final retail sale to consumers in the United States, if the person selling or shipping keeps a record of the sale or shipment which includes the following:

a.The name and address of the purchaser or recipient.

b.The dry weight of the cultivated ginseng dry root included in the sale or shipment.

c.The date of the sale or shipment.

d.The source of all of the cultivated ginseng dry root included in the sale or shipment.

e.The year in which the cultivated ginseng dry root was harvested.

N.D. Admin. Code 7-04-03-04 Inspection or submission of records

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.

N.D. Admin. Code 7-04-03-05 Enforcement actions

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.

Chapter 7-04-04 Emerald Ash Borer

N.D. Admin. Code 7-04-04-01 Definitions

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.

N.D. Admin. Code 7-04-04-02 Regulated articles

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.

N.D. Admin. Code 7-04-04-03 Regulated areas

The commissioner shall maintain an updated list or map of regulated areas on the department website.

N.D. Admin. Code 7-04-04-04 Restrictions on regulated articles and conditions on the movement of regulated articles

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.

History

• General Authority:NDCC 4.1-23-02

N.D. Admin. Code 7-04-04-05 Violations and penalties

Any person violating these regulations may be subject to penalties in accordance with North Dakota Century Code section 4.1-23-08.

History

• Law Implemented: NDCC 4.1-23-08

N.D. Admin. Code 7-04-04-06 Exceptions

Exceptions may be made at the discretion of the commissioner.

Chapter 7-04-05 Moss Balls

N.D. Admin. Code 7-04-05-01 Definitions

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.

History

• Law Implemented: NDCC 4.1-23-01(8), 4.1-23-04

N.D. Admin. Code 7-04-05-02 Regulated articles

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").

History

• Law Implemented: NDCC 4.1-23-01(8), 4.1-23-04

N.D. Admin. Code 7-04-05-03 Regulated areas

The regulated quarantined area includes all states, districts, and territories of the United States.

N.D. Admin. Code 7-04-05-04 Restrictions on regulated articles and conditions on the movement of regulated articles

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.

N.D. Admin. Code 7-04-05-05 Violations and penalties

Any person violating these regulations is subject to penalties in accordance with North Dakota Century Code chapter 4.1-23-08.

Article 7-08 Waterbank Program

Chapter 7-08-01 Implementation of the North Dakota State Waterbank Program

N.D. Admin. Code 7-08-01-01 Purposes and basis

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.

History

• History: Effective August 1, 1987.
• Law Implemented: NDCC 61-31-01

N.D. Admin. Code 7-08-01-02 Definitions

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.

History

• History: Effective August 1, 1987; amended effective February 1, 1988; May 1,1990; October 1, 1993.
• Law Implemented: NDCC 61-31-01

N.D. Admin. Code 7-08-01-03 State assessment team

N.D. Admin. Code 7-08-01-04 Procedure for participation in the program

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.

History

• History: Effective August 1, 1987; amended effective February 1, 1988; May 1,1990; October 1, 1993.

N.D. Admin. Code 7-08-01-05 Reassessment procedure

N.D. Admin. Code 7-08-01-06 Participation priority

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.

History

• History: Effective August 1, 1987; amended effective February 1, 1988.

N.D. Admin. Code 7-08-01-07 Rate of payment

Repealed effective May 1, 1990.

N.D. Admin. Code 7-08-01-08 Acreage limitations and designations

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].

History

• History: Effective August 1, 1987; amended effective February 1, 1988; May 1,1990; October 1, 1993.

N.D. Admin. Code 7-08-01-09 The waterbank agreement

N.D. Admin. Code 7-08-01-10 Drought emergency

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.

History

• History: Effective August 1, 1987; amended effective February 1, 1988; May 1,1990; October 1, 1993.
• Law Implemented: NDCC 61-31-05

N.D. Admin. Code 7-08-01-11 Violations

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.

History

• History: Effective August 1, 1987; amended effective February 1, 1988; May 1,1990; October 1, 1993.
• Law Implemented: NDCC 61-31-04

Article 7-09 Pride of Dakota Program

Chapter 7-09-01 Pride of Dakota Program

N.D. Admin. Code 7-09-01-01 Purpose

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.

N.D. Admin. Code 7-09-01-02 Definitions

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.

N.D. Admin. Code 7-09-01-03 Eligible applicants

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.

N.D. Admin. Code 7-09-01-04 Application

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.

N.D. Admin. Code 7-09-01-05 Fees

1.An eligible producer, processor, manufacturer, nonprofit organization, or business will pay an annual fee for the use of the logo at a rate to be determined by the department. This fee will be no less than fifty dollars and no greater than one thousand dollars.

2.An eligible trade association, commodity council, or educational institution will pay an annual fee for the use of the logo as determined by the department. The minimum annual fee for these organizations will be two hundred fifty dollars.

3.The income from the fees collected by the department will be used by the department in the development of programs to promote recognition and awareness of the logo among the consuming public.

4.A voluntary advisory council of seven members will be appointed by the commissioner to advise the department regarding issues related to the pride of Dakota program. Members of the advisory council may not receive any compensation for their services on the council, but are entitled to be reimbursed for their expenses incurred in performing their duties in the amounts provided by law for state employees.

N.D. Admin. Code 7-09-01-06 Authorization

1.Authorization from the department to use the logo depends upon approval of an application by the commissioner and extends through December thirty-first of that year. Renewal applications are due January first every year.

2.Authorized users will receive a certificate of authorization to use the logo which they may display in their place of business. Reproduction proofs of the logo will be furnished to authorized users.

3.The department will advise and assist any authorized user of the logo with respect to the size of the logo, its color, its placement on packages, or similar matters, as requested. There may be no alteration in design, color, or makeup of the logo without prior written approval of the commissioner.

N.D. Admin. Code 7-09-01-07 Renewal of authorization

1.The department shall notify authorized users of the logo of the January first renewal date six weeks prior to the expiration of their authorization to use the logo.

2.Authorization to use the logo may be renewed if reapplication, including any changes in information provided with the previous application, is made on forms provided by the department and approval is granted by the commissioner.

3.Renewal of authorization may be denied at the discretion of the commissioner.

N.D. Admin. Code 7-09-01-08 Promotional use of the logo

Repealed effective July 1, 2020.

N.D. Admin. Code 7-09-01-09 Improper use

Improper use of the logo includes:

1.Use on products not created, produced, processed, or manufactured in whole or in part within the boundaries of North Dakota;

2.Allowing the use of the logo by another person who is not an authorized user. Authorization to use the logo is nontransferrable;

3.Using the logo without prior approval of the commissioner; or

4.Any use which the commissioner determines to be ineligible.

N.D. Admin. Code 7-09-01-10 Enforcement

1.Investigation and revocation. If the commissioner has reason to believe there is improper use of the logo, the commissioner may investigate the use to determine whether improper use has occurred. After investigation, the commissioner may revoke authorization or refuse to grant or renew authorization to use the logo if the commissioner determines that improper use has occurred.

2.Civil action. When an investigation by the commissioner reveals improper use of the logo is occurring or has occurred, the commissioner may seek injunctive relief or seek to apply other appropriate legal remedies in a court of competent jurisdiction.

N.D. Admin. Code 7-09-01-11 No warranty of quality

Use of the logo does not represent a warranty by the department of any kind, expressed or implied, about the quality of the product on which the logo appears. Authorized use of the logo means only that the product has been approved to use the logo as a product that was created, produced, processed, or manufactured in whole, or in part, within the boundaries of North Dakota, and that the authorized user, and not the department, represents that the product meets all applicable minimum legal requirements for creating, producing, processing, or manufacturing the product in North Dakota.

N.D. Admin. Code 7-09-01-12 Compliance with other law

Compliance with the rules of this chapter does not exempt any business producer, processor, or manufacturer from complying with other applicable statues and rules relating to any product, including the labeling requirements of any product.

Article 7-10 Chemigation Regulations

Chapter 7-10-01 Definitions

N.D. Admin. Code 7-10-01-01 Definitions

1."Antisiphon device" means any equipment effectively designed and constructed to prevent the backflow of an injected chemical into any water supply.

2."Check valve" means a device effectively designed and constructed to provide positive closure which effectively prohibits the flow of material in the opposite direction of normal flow when operation of the irrigation system pumping plant or injection unit fails or is shut down.

3."Chemical" means any pesticides, fertilizers, or other chemicals applied by chemigation.

4."Chemigation" includes, but is not limited to, the application of a chemical to agricultural, nursery, and turf sites.

5."Interlock" means the arrangement or interconnection of the irrigation pumping plant and chemical injection units in such a manner that, in the event of irrigation pump shut down, shut down of the chemical injection units system will occur.

6."Low pressure drain" means a self-activating device effectively designed and constructed to drain that portion of an irrigation pipeline or any other method of conveyance whose contents could potentially enter the water supply when operation of the irrigation system pumping plant fails or is shut down.

History

• History: Effective October 1, 1988.
• General Authority: NDCC 4.1-35-03
• Law Implemented: NDCC 4.1-35-01, 4.1-35-03

Chapter 7-10-02 Equipment Requirements

N.D. Admin. Code 7-10-02-01 Antisiphon devices required

Chemigation may take place in North Dakota, as permitted in statute and rule, only when one of the antisiphon devices of section 7-10-02-02 are installed in an irrigation system.

N.D. Admin. Code 7-10-02-02 Allowable antisiphon devices

One of the following antisiphon devices must be installed as required in this section before chemigation in an irrigation system may take place.

1.Check valve with vacuum relief and low pressure drain. A corrosion-resistant check valve must be located between the water supply pump discharge outlet at the point of chemical injection. Location on the suction side of the water pump is not allowed. The check valve must be either spring loaded with a chemically resistant sealing surface or otherwise capable of preventing leakage. The direction of flow must be clearly indicated on the outside of the device. The vacuum relief valve must be installed on top of the irrigation pipe on the inlet side of the check valve. The vacuum relief valve must be a minimum of three-fourths inch [19.05 millimeters] in diameter. The low pressure drain must be located on the inlet side of the check valve at the lowest point. The drain must be mounted in the pipe in such a way that any check valve leakage enters the drain rather than flowing on toward the water supply. The drain must be at least three-fourths inch [19.05 millimeters] in diameter with a closing pressure of at least one pound per square inch [7 kilopascals] and not exceeding five pounds per square inch [35 kilopascals]. If the drain is within twenty feet [6.10 meters] of the water source, the system must provide a means to carry the drainage away or the surface must be graded to assure drainage away from the water source. Manual valves may not be located on the outlet side of the drain.

2.Reduced pressure principle device. The reduced pressure principle device must consist of two independently acting check valves, together with a pressure differential relief valve that is located between the two check valves. This device must be located between the pump discharge outlet and the point of chemical injection. The differential relief valve must have a minimum clearance of twelve inches [30.50 centimeters] above the ground level or grade.

3.Double check valve. The double check valve assembly must be composed of two single, independently acting check valves. The double check valve must be located between the pump discharge outlet and the point of chemical injection.

4.Airgap. An airgap must be a physical separation between the free flowing discharge end of a water pipeline and an open or nonpressurized receiving vessel. To have an acceptable airgap, the end of the discharge pipe must be located a distance of at least twice the diameter of the pipe above the topmost rim of the receiving vessel. In no case can this distance be less than one inch [2.54 centimeters]. The airgap must be located between the pump discharge outlet and the point of chemical injection.

5.Other acceptable devices. Other equipment utilizing new technology or other backflow prevention devices as specifically approved in writing by the commissioner of agriculture may be used.

N.D. Admin. Code 7-10-02-03 Inspection port

An inspection port of at least four inches [101.6 millimeters] in diameter must be provided to check for malfunctioning of all antisiphon devices. The inspection port can be combined with a mounting of vacuum relief. If an airgap is used, as required by subsection 4 of section 7-10-02-02, the system is exempt from the requirement of an inspection port.

N.D. Admin. Code 7-10-02-04 Chemical injection port location

The chemical injection port into the irrigation line must be located downstream of the antisiphon device.

N.D. Admin. Code 7-10-02-05 Backflow prevention in the chemical line

A spring loaded, chemically resistant check valve having a minimum opening pressure of ten pounds per square inch [69 kilopascals] must be located at the injection port of the irrigation system.

N.D. Admin. Code 7-10-02-06 Pressure sensor in the irrigation line

A functional pressure switch must be in the irrigation line. The device must shut down the injection pump in the event flow is lost in the irrigation line.

N.D. Admin. Code 7-10-02-07 Interlock devices

The irrigation pumping plant and chemical injection units must have a functional interlocking mechanism that will ensure that, in the event of irrigation pump shutdown, the injection units will shut down.

N.D. Admin. Code 7-10-02-08 Chemical injection pump

The chemical injection pump must be effectively designed and constructed of materials that are compatible with the chemicals being injected into the irrigation system. The pump must be effectively designed and constructed to prevent any leakage. The pump must have a means of being calibrated for accurate chemical metering. The pump must be capable of being fitted with a system interlock.

Chapter 7-10-03 Operational Requirements

N.D. Admin. Code 7-10-03-01 Inspection and maintenance of equipment

The operator of the system will be responsible for keeping the system in good operating condition, including determining that the chemigation and safety equipment is operating properly before injecting chemical into the irrigation system.

N.D. Admin. Code 7-10-03-02 Calibration

The operator of the irrigation system is responsible for the proper calibration of the system prior to starting the injection of chemical into the irrigation system.

N.D. Admin. Code 7-10-03-03 Product labeling

1.The operator of the system is responsible for following all chemical product label requirements.

2.All bulk pesticides used in chemigation, whether in concentrated or diluted form, must be clearly labeled with their identity and directions for use.

N.D. Admin. Code 7-10-03-04 Posting

Posting of warning signs as specified on the label of the chemical product being used at the time of application is required. The operator of the irrigation system is responsible for such posting.

Article 7-11 Egg Regulations

Chapter 7-11-01 Farm Flock Egg Handling Requirements

N.D. Admin. Code 7-11-01-01 Definitions

1."Check" means any crack in the exterior shell of an egg. Sometimes called cracked eggs.

2."Department" means the department of agriculture.

3."Destination" means the point other than the place of origin where eggs are offered for sale.

4."Dirties" means eggs that have an unbroken shell with adhering dirt or other foreign material.

5."Egg inspector" means an employee of the state of North Dakota authorized by the commissioner of agriculture, responsible for performing inspections pursuant to these rules.

6."Leaker" means an egg that has a crack or break in the shell and shell membranes to the extent the egg contents are exposed or are exuding or free to exude through the shell.

7."Small commercial flock" means a flock of up to three thousand laying hens.

8."Washed eggs" means eggs which are washed and candled but are not graded to size.

Grade B tolerances for checks will be allowed on these eggs.

N.D. Admin. Code 7-11-01-02 Licenses - Application for licenses

Application for licenses must be made on forms provided by the commissioner of agriculture.

Every person who wants access to commercial egg markets, engaged in the business of producing eggs shall first apply to and obtain from the department of agriculture an egg dealer's license. Licenses must be issued by the department upon receipt of proper application after inspection and approval of premises and equipment by an egg inspector pursuant to the rules of this article. Egg dealer licenses are not transferable. New egg dealers must possess a license. License fees are ten dollars annually and must be renewed by June first of each year.

History

• History: Effective January 1, 1993; amended effective July 1, 2019; July 1, 2024; April 1, 2026.

N.D. Admin. Code 7-11-01-03 Labeling and sales requirements

1.Farm flock egg handling requirements. The farm flock egg handling requirements for egg production is a voluntary program.

2.Temperature. All eggs held or offered for sale must be stored in refrigerated compartments.

The temperature cannot exceed forty-five degrees Fahrenheit [7.22 degrees Celsius]. This also includes temporary storage.

3.Cartons. Farm flock eggs offered for sale must be identified with the producer's name and address. Either blank cartons can be used or a carton with the individual farm name can be made up. Federal regulations also require the following label on all shell eggs.

SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.

4.Pack dates. All cartons must display a code indicating the date the eggs were packed. In addition to the pack date, the package may display a "use before" or "best before" date, but those dates may not exceed forty-five days from the pack date.

History

• History: Effective January 1, 1993; amended effective July 1, 2019; July 1, 2024.

N.D. Admin. Code 7-11-01-04 Candling

All eggs being offered for sale must be candled. The equipment must be of a design allowed by the department of agriculture. Hand candling is permissible.

History

• History: Effective January 1, 1993.

N.D. Admin. Code 7-11-01-05 Egg handling

Eggs being stored before sale must be kept in an area away from objectionable odors. The storage area must be capable of maintaining a temperature of between thirty-three and forty-five degrees Fahrenheit [.55 and 7.22 degrees Celsius].

Egg packing materials must be cleaned and well constructed. Only clean, sound, dry flats and cartons must be used. Any carton or flat that is reused must be made of washable material and shall be sanitized before being reused.

Transportation of all eggs to the point of sale must be done in a covered container.

N.D. Admin. Code 7-11-01-06 Egg cleaning

Eggs must be washed manually or with the aid of automatic cleaning equipment. After washing the egg, it must be treated with a sanitizing solution and allowed to dry before packing. Clean potable water must be used in the egg-cleaning and sanitizing process. If manually washing eggs, a wash vat may be used with the detergent. Eggs should not be allowed to soak in water. The strength of the sanitizing spray must be no less than fifty parts per million nor more than two hundred parts per million of available chlorine or its equivalent. Other sanitizers formulated in compliance with 21 Code of Federal Regulations, section 178.1010 are acceptable for use in sanitizing shell eggs provided the sanitizers are registered with the federal environmental protection agency and labeled for use on shell eggs.

History

• History: Effective January 1, 1993; amended effective July 1, 2019; July 1, 2024; April 1, 2026.

N.D. Admin. Code 7-11-01-07 General requirements

1.Farms selling eggs to retailers or other business establishments need an annual water sample, if supplied by well water. Well water test results must be tested by the egg dealer and the results submitted to the commissioner of agriculture.

2.New egg dealers must be inspected prior to issuing the initial license. The commissioner may determine if more inspections are necessary.

3.Failure to comply with farm shell rules may result in revocation of a permit.

4.Farm shell egg producers have the right to appeal or request a hearing to reinstate an egg producer permit. The appeal process must be started within fifteen business days after permit suspension.

5.Training for egg candling and grading is provided by the department of agriculture.

6.Buildings housing egg grading and packing equipment must meet the following requirements:

a.Be of sound construction to prevent the entrance or harborage of vermin.

b.Be kept clean during grading and packing operations.

c.Be kept sanitary to prevent contamination of eggs during handling.

7.North Dakota shell egg production guidelines must be the same as the standards that govern the United States department of agriculture shell egg program.

8.The North Dakota department of agriculture may inspect out-of-state eggs at the retail level to assure compliance with North Dakota shell egg regulations.

History

• History: Effective January 1, 1993; amended effective July 1, 2024; April 1, 2026.

N.D. Admin. Code 7-11-01-08 Consumer grades

1.North Dakota consumer Grade AA at origin. Grade AA eggs at origin must consist of eggs which are at least eighty-seven percent AA quality. The thirteen percent below AA quality may be in any combination of A or B quality. Not more than five percent checks are permitted. Not more than one-half of one percent leakers, dirties, or loss due to blood or meat spots in any combination are permitted except the loss may not exceed three-tenths of one percent. Other types of loss are not permitted. Grade AA eggs at destination may not exceed seven percent checks.

2.North Dakota consumer Grade A at origin. Grade A eggs at origin must consist of eggs which are at least eighty-seven percent A quality or better. Within the thirteen percent which may be below A quality, not more than one percent may be B quality due to blood spots or serious yolk defects. Grade A eggs must have no more than five percent checks. Not more than one-half of one percent may be leakers, dirties, or loss due to blood or meat spots in any combination, except that the loss may not exceed three-tenths of one percent. Other types of loss are not permitted. Grade A eggs at destination may not exceed seven percent checks.

3.North Dakota consumer Grade B at origin. Grade B eggs at origin must consist of eggs which are ninety percent B quality or better. Within the maximum tolerance of ten percent which may be below B quality, not more than ten percent may be checks. Not more than one-half of one percent may be leakers, dirties, or loss due to blood or meat spots in any combination, except that the loss shall not exceed three-tenths of one percent. Other types of loss are not permitted. Grade B eggs at destination cannot exceed quality factors set at the place of origin.

Article 7-12 Anhydrous Ammonia Regulation

Chapter 7-12-01 Anhydrous Ammonia Standards

N.D. Admin. Code 7-12-01-01 Adoption of standards

1.The American national standard safety requirements for the storage and handling of anhydrous ammonia ANSI/CGA G-2.1-2014 is hereby adopted; except section 5.7.10.

2.The 2017 edition of the American society of mechanical engineers boiler and pressure vessel code, section II; section V; section VIII, division 1; and section IX are hereby adopted and incorporated by reference as a part of this article.

3.The 2017 edition of the national board inspection code, an American national standard, is hereby adopted and incorporated by reference as a part of this article.

4.The American society for nondestructive testing standard "SNT-TC-1A" is hereby adopted and incorporated by reference as a part of this article.

5.The 2016 edition of ASME B31.3, the American national standard for chemical plant and petroleum refinery piping, is hereby adopted and incorporated by reference as a part of this

article.

6.The 2016 edition of ASME B31.5, the American national standard for refrigeration piping, is hereby adopted and incorporated by reference as a part of this article.

7.The American petroleum institute standard 620, recommended rules for design and construction of large, welded, low-pressure storage tanks, is hereby adopted and incorporated by reference as a part of this article.

History

• History: Effective July 1, 1996; amended effective June 1, 2005; April 1, 2013; July 1, 2020.

N.D. Admin. Code 7-12-01-02 Definitions

The following definitions are in addition to those thirty-four definitions listed in ANSI/CGA G-2.1- 2014, section 2.

1."Accident or incident" means an event involving nurse tanks or storage containers and their appurtenances which results in damage to pressure vessels or their appurtenances, or both, requiring repair. Leakage or discharge of more than one hundred pounds [45.36 kilograms] of anhydrous ammonia will be considered an incident.

2."Anhydrous ammonia storage facility" means a bulk anhydrous ammonia storage facility with a storage container capacity exceeding six thousand gallons [22712.47 liters] which is owned or operated by a user or vendor of anhydrous ammonia. Anhydrous ammonia nurse tank storage lots are not included in this definition.

3."Bulk delivery vehicle" means a United States department of transportation inspected and approved cargo tank.

4."DOT specifications" means regulations of the United States department of transportation published in 49 CFR chapter 1.

5."Existing anhydrous ammonia storage facility" means any permanent anhydrous ammonia storage facility constructed before July 1, 1985.

6."Hydrostatic test" means a pressure test of a storage tank using water as a medium to the standards referenced in the national board inspection code.

7."Labeled" means there is attached a label, symbol, or other identifying mark of a nationally recognized testing laboratory which makes periodic inspections of the production of such equipment and whose labeling indicates compliance with nationally recognized standards or tests to determine safe use in a specified manner.

8."National board" means the national board of boiler and pressure vessel inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229, whose membership is composed of the various governmental jurisdictions who are charged with the enforcement of the provisions of the American society of mechanical engineers code.

9."New anhydrous ammonia storage facility" means any permanent anhydrous ammonia storage facility constructed after July 1, 1985.

10."Nurse tank" means an implement of husbandry meeting the definition of section 2.2 of the ANSI/CGA G-2.1 standard.

11."Refrigerated storage facility" means an anhydrous ammonia storage facility utilizing tanks for the storage of anhydrous ammonia under refrigerated conditions.

12."Registered pressure vessel" means a permanent storage container identified by a decal having a unique identification number, preceded by the letters "AA".

13."Reinstalled pressure vessel" means a pressure vessel removed from its original setting and reerected at the same location or erected at a new location without change of ownership.

14."Retail and storage facility" means an anhydrous ammonia storage facility selling or intending to sell anhydrous ammonia to the general public.

15."Secondhand pressure vessel" means a pressure vessel of which both the location and the ownership have been changed after primary use.

16."SNT-TC-1A" means the society for nondestructive testing standard for nondestructive testing of pressure vessel welds, material, and the testing of personnel making nondestructive tests.

17."Storage facility" means an anhydrous ammonia storage facility transferring or filling anhydrous ammonia for its own use and not for sale to the general public.

18."Tank car" means a pressure vessel designed to be permanently attached to or forming a part of a railcar structure in compliance with the department of transportation specifications (formerly ICC specifications), and having the approval of the association of American railroads.

19."Wet fluorescent magnetic particle test" means a nondestructive test of interior tank welds using a magnaflux procedure with fluorescent lighting to detect surface cracks, using SNT-TC-1A standards.

History

• History: Effective July 1, 1996; amended effective June 1, 2005; July 1, 2020.

N.D. Admin. Code 7-12-01-03 Administration and enforcement

1.The administration and enforcement of North Dakota Century Code chapter 4.1-37 and this

chapter is the responsibility of the agriculture commissioner.

2.The agriculture commissioner shall conduct initial and periodic inspection of anhydrous ammonia storage facilities to verify compliance with this chapter and any rules adopted under this chapter.

3.Owners, users, or vendors of new installations will not be issued an operator's license until the completed anhydrous ammonia storage facility site has been inspected by the agriculture commissioner and complies with this chapter and North Dakota Century Code chapter 4.1-37.

4.Owners, users, or vendors of anhydrous ammonia must notify the agriculture commissioner of storage containers to be used in North Dakota or brought into the state for temporary purposes.

5.Containers found, after inspection, to be defective or otherwise unsafe to operate, or disqualified by legal requirements, must be rejected by the agriculture commissioner, who may order the container immediately depressurized and taken out of service.

6.Defective conditions not posing an immediate hazard, noted during initial and periodic inspections, must be corrected in a timely manner. The time allowed for corrections to take place will be at the discretion of the agriculture commissioner.

7.Operating licenses must be posted in a conspicuous place at the plant or office of the owner, user, or vendor and available for inspection during regular business hours.

8.Anyone spilling one hundred pounds [45.36 kilograms] or more of anhydrous ammonia must report this as soon as possible to the national response center at 1-800-424-8802, to the North Dakota department of emergency services at 701-328-9921, and to the appropriate county emergency manager.

9.The agriculture commissioner may require compliance with any local siting requirements for the issuance or maintenance of an operating license.

History

• History: Effective July 1, 1996; amended effective April 1, 2013; July 1, 2020.

N.D. Admin. Code 7-12-01-04 General requirements

1.Frequency of inspection. Existing anhydrous ammonia storage facilities must be inspected once every five years by the agriculture commissioner. New anhydrous ammonia storage facilities must be inspected by the agriculture commissioner prior to any license being issued, and at an interval of once every five years thereafter.

2.Minimum requirements for new storage containers other than refrigerated storage containers.

a.American society of mechanical engineers constructed and so stamped;

b.National board registered;

c.Metal specified tensile strength not exceeding seventy thousand pounds per square inch [482636 kilopascals];

d.Head and shell materials for storage containers made in accordance with fine grain practice;

e.All welds postweld heat treated after construction, for all storage containers. An implement of husbandry does not require postweld heat treatment if the implement is fabricated with hot formed heads or with cold formed heads that have been stress relieved; and

f.Storage containers exceeding six thousand water gallons [22712.4 liters] in capacity must be equipped with a manhole opening.

3.Minimum requirements for secondhand and reinstalled storage containers other than refrigerated storage containers.

a.American society of mechanical engineers constructed and so stamped;

b.National board registered or the manufacturer's data report furnished to the chief boiler inspector;

c.Metal specified tensile strength not exceeding seventy-five thousand pounds per square inch [517500 kilopascals];

d.Heat treated heads or hot formed heads and this indicated on the manufacturer's data report, in lieu of the entire vessel welds being postweld heat treated; and

e.All postconstruction repairs and alterations made only by a valid holder of an "R" certificate of authorization from the national board.

4.Exception for secondhand and reinstalled storage containers. Metal specified tensile strength may exceed seventy-five thousand pounds per square inch [517500 kilopascals] for secondhand and reinstalled anhydrous ammonia storage containers when the container is relocated within North Dakota and the container has been wet-fluorescent magnetic particle tested by a qualified firm and any stress corrosion cracking found does not extend beyond the minimum required thickness for original maximum allowable working pressure (MAWP). The minimum required thickness must be determined by code calculation, using the original code of construction. If the stress cracking extends beyond the minimum required thickness the container cannot be used for anhydrous ammonia service. In all cases, all stress corrosion cracking must be removed.

5.Requirements for refrigerated storage containers. Refrigerated storage containers must be constructed in accordance with section 7 of the ANSI/CGA G-2.1 standard. All refrigerated ammonia piping used with refrigerated systems must conform to ASME B31.5, American national standard for refrigerated piping.

6.Hydrostatic test procedures. Hydrostatic test procedures must comply with the specific requirements of the national board inspection code and be conducted in a manner approved by the agriculture commissioner. At least one calibrated gauge must be used on the container tested. All air must be vented prior to making the test.

7.Wet-fluorescent magnetic particle test procedures. Wet-fluorescent magnetic particle test procedures must comply with SNT-TC-1A procedures and the specific requirements of ASME code, section VIII. The person conducting the test must be certified as a level II technician.

This test may be witnessed by the agriculture commissioner, at the agriculture commissioner's discretion.

8.Welded repairs or alterations, or both, to pressure containers. Welded repairs or alterations, or both, to pressure containers must only be made by a firm in possession of a valid "R" certificate of authorization from the national board of boiler and pressure vessel inspectors.

9.Requirements for welded piping. Welders making welds to anhydrous ammonia system piping must be certified in accordance with ASME code, section IX, and must furnish a current QW-484 qualification form upon request. The welder must weld only within the range of the welder's qualifications. Defective weld must be rejected by the agriculture commissioner.

10.Requirements for reinstalled containers and systems. When a permanent storage container is moved and reinstalled, all fittings and appurtenances must comply with all requirements for new installations.

History

• History: Effective July 1, 1996; amended effective April 1, 1998; April 1, 2013; July 1, 2020.

N.D. Admin. Code 7-12-01-05 Specific requirements for nonrefrigerated anhydrous ammonia storage facilities

1.Facility siting requirements:

a.The siting of the facility must comply with North Dakota Century Code section 4.1-37-05 and this compliance must be verified by the agriculture commissioner.

b.The facility must be properly licensed by the board of county commissioners in which the facility is located and by the agriculture commissioner.

c.The facility must be accessible to emergency vehicles at all times.

d.A facility identification sign must be displayed stating the name, the 911 address, and telephone number of the nearest representative, agent, or owner. An emergency telephone number must also be displayed. This sign must be posted near the entrance of the facility. Letters must be at least two inches [50.8 millimeters] high, and the sign visible from no less than fifty feet [15.24 meters].

2.Storage container requirements:

a.The ASME manufacturer's data report must be provided when requested by the agriculture commissioner should repairs, alterations, or metallurgical data be required.

b.The container must be ASME constructed, if installed after November 1, 1987.

c.The container must be national board registered, if installed after November 1, 1987. For secondhand and reinstalled storage containers, a manufacturer's data report must be furnished to the agriculture commissioner if the container is not national board registered.

d.The condition of the paint shall be such that no more than ten percent of the tank surface is corroded or missing paint.

e.Container markings and/or decals must meet the requirements of ANSI/CGA G-2.1.

f.Postconstruction repairs and alterations, if made, must meet the requirements of the national board inspection code and the proper documentation must be available for inspection if requested by the agriculture commissioner.

g.Container fittings, nozzles, and welded seams must be in compliance with the code of construction as judged by the requirements of the national board inspection code.

h.Supports and saddles adequately must support the container as required by ANSI/CGA G-2.1, and there must be no concentration of excessive loads on the supporting portion of the shell.

i.A container liquid level gauge must be installed and be operable.

j.A pressure gauge graduated from zero to four hundred pounds per square inch [0 to 2760 kilopascals] and designated for use in anhydrous ammonia service must be installed on the container.

k.Safety valve manifolds meeting the requirements of ANSI/CGA G-2.1 must be installed between the container and the safety valves required to be installed.

l.Container safety valves must be ASME and national board stamped.

m.Container safety valves must be date current and in operable condition.

n.Container safety valves must have rain caps in place.

o.Installed safety valve capacity must comply with appendix B of ANSI/CGA G-2.1. The installed capacity must be sufficient with a manifold or manifolds in operation as designed by the manufacturer.

3.Requirements for piping and appurtenances:

a.Excess flow valves must be installed at all tank openings, or in lieu thereof, approved quick-closing internal valves may be installed which, except during operating periods, must remain closed.

b.Main stop valves must be labeled for anhydrous ammonia service and be in good operating condition.

c.Main stop valves must be labeled or color coded to indicate liquid or vapor service.

d.System piping must be at least schedule 40 where welded and schedule 80 where threaded. Threaded and seal welded connections must be at least schedule 80. Piping must be at least ASTM A-53 grade B seamless or electric resistance welded (ERW) pipe.

ASTM A-53 type F piping is prohibited.

e.Welded piping must be welded by an ASME section IX certified welder, and proof of the certification must be available if requested by the agriculture commissioner.

f.Threaded piping must not be used underground for new installations.

g.Pipe and pipe fittings must not be cast iron, brass, copper, zinc, or galvanized.

h.Flexible fittings or expansion joints, or both, must be used where necessary.

i.Underground piping must be installed using approved corrosion protection.

j.For new systems, the system piping must be pneumatically or hydraulically pressure tested to 1.1 times the design pressure of the system and the integrity of the system proven. A written report of the testing must be retained for a minimum of five years and be furnished to the agriculture commissioner upon request. Underground piping shall be evaluated at a minimum of every five years to ensure leak tightness. To perform the leak test, the underground piping must be isolated and pressurized to two hundred pounds per square inch. The test pressure of two hundred pounds per square inch must be maintained for a minimum of ten minutes. A report of the leak test must be retained for at least five years and furnished to the agriculture commissioner upon request. All tests must be performed with a calibrated gauge.

k.Approved bulkheads or breakaways, or both, must be provided at nurse tank fill stations.

Emergency shutoff valves must be in place on liquid and vapor piping before the bulkhead or breakaways, or both. Approved cables must be connected to the emergency shutoff valves and these cables can be activated both at the valves and at a remote location. Breakaway action will close the valves.

l.Approved bulkheads or breakaways or both must be provided at truck unloading stations.

There must be an emergency shutoff valve on the vapor piping on the system side of the bulkhead and a backcheck valve is installed on the liquid piping on the system side of the bulkhead. Approved cables must be connected to the emergency shutoff valve and these cables can activate the valve both at the valve and at a remote location.

m.Date current hydrostatic relief valves must be installed wherever liquid may become trapped between closed valves.

n.Transfer hoses must be date current and not be weather checked or cut to expose the cords and must comply with all provisions of ANSI/CGA G-2.1 except provision 5.7.10.

o.Transfer pump, if used, must be rated for anhydrous ammonia service.

p.A pressure gauge graduated from zero to four hundred pounds per square inch [0 to 2760 kilopascals] and designated for use in anhydrous ammonia service must be installed on the discharge side of the pump, before the bypass piping loop. This gauge must be a liquid filled gauge.

q.Compressors, if used, must be rated for anhydrous ammonia service.

r.Approved pressure gauges and stop valves must be installed on the suction and discharge sides of the compressor.

s.An approved date current pressure relief valve of sufficient capacity must be installed on the discharge side of the compressor prior to any shutoff valve.

t.Locks and lock boxes must be installed on the main system stop valves, when the facility is unattended.

u.The system must be leak free in operation.

v.Adequate provisions for protection of exposed piping and appurtenances from moving vehicles at the facility must be in place.

w.Loading platforms or other equivalent method must be used to allow safe filling of nurse tanks. Climbing on tires is not permitted for filling nurse tanks.

x.Bleeder valves must be installed at truck unloading stations to relieve pressure prior to connecting or disconnecting the truck transfer hoses. The bleeder hoses must be vented to a suitable closed water container.

y.Excess flow protection is required for nurse tank filling station risers to shut down ammonia flow should a transfer hose break or a pull-away occur. Storage facilities utilizing bulkheads with emergency shutoff valves below the bulkhead must install the required excess flow valves integral with the riser shutoff valves or as in-line excess flow valves. For these systems, an approved installed location cable must be used between the emergency shutoff valve actuator and the riser shutoff valve. Storage facilities utilizing breakaway devices with positive closure must install excess flow valves integral with the riser shutoff valve or as an approved in-line excess flow valve installed prior to the positive closure device. The installer must verify the operation of any excess flow valve covered by this section.

4.Requirements for safety equipment:

a.The following personal safety equipment must be available at a readily accessible location:

(1)A minimum of two emergency escape-only respirators shall be provided at a prominent and marked location at the storage facility. The escape-only respirator and training must be in compliance with title 29 Code of Federal Regulations part 1910.134 section 12;

(2)One pair of protective gloves impervious to ammonia for each of the maximum number of employees that may be storing, handling, transferring, or otherwise working with anhydrous ammonia at the same time, plus one spare pair;

(3)Chemical splash goggles or chemical splash goggles with full-face shield to be worn over the goggles for each of the maximum number of employees that may be storing, handling, transferring, or otherwise working with anhydrous ammonia at the same time, plus at least one spare pair;;

(4)One pair of protective boots impervious to ammonia;

(5)One "slicker suit" impervious to ammonia;

(6)Safety shower or open top container holding at least one hundred fifty gallons [567.8 liters] of clean water; and (7)One class C fire extinguisher or class C-compatible fire extinguisher.

b.A telephone, or other method of communication, is required to be on location at each anhydrous ammonia storage facility during transfer operations.

History

• History: Effective July 1, 1996; amended effective April 1, 1998; June 1, 2005; April 1, 2013; July 1,
• Law Implemented: NDCC 14.1-37-01

N.D. Admin. Code 7-12-01-06 Specific requirements for nurse tanks

1.The ASME manufacturer's data report must be provided, if requested by the agriculture commissioner, should repairs or alterations become necessary.

2.The container must be ASME constructed, if installed after November 1, 1987.

3.The container must be national board registered, if installed after November 1, 1987.

4.The data plate must be readable and not painted over or obscured.

5.The condition of the paint shall be such that no more than ten percent of the tank surface is corroded or missing paint. Tanks must be painted white or aluminum.

6.Container markings and decals must meet the requirements of ANSI/CGA G-2.1-2014:

a."1005" department of transportation decal must be in place on sides and heads.

b."ANHYDROUS AMMONIA" decal must be in place on sides and heads.

c."INHALATION HAZARD" decal must be in place on each side.

d.Legible transfer and safety decals must be in place.

e.A legible decal depicting first-aid procedures to follow if injured by ammonia.

7.The container must be numbered and identified with the name and contact information of the owner.

8.A department of transportation-approved slow moving vehicle sign must be in place and in good condition.

9.Postconstruction repairs and alterations, if made, must meet the requirements of the national board inspection code and the proper documentation must be available for inspection if requested by the agriculture commissioner.

10.Container fittings, nozzles, and welded seams must be in compliance with the code of construction as judged by the requirements of the national board inspection code.

11.A container liquid level gauge must be installed and must be operable.

12.A pressure gauge graduated from zero to four hundred pounds per square inch [0 to 2760 kilopascals] and designated for use in anhydrous ammonia service must be installed on the container.

13.Container safety valves must be ASME and national board stamped.

14.Container safety valves must be date current and in operable condition.

15.Container safety valves must have rain caps in place.

16.The transfer hose, if installed, must be date current and not be weather checked or cut to expose the cords. If the transfer hose is not installed on the nurse tank, an approved male "ACME" type fitting with protective dust cap must be installed on the liquid withdrawal valve.

17.An "ACME" type fitting must be used to secure the transfer hose.

18.Protective gloves and Z87 rated goggles must be in a safety kit attached to the container or the frame of the wagon.

19.Five gallons [18.93 liters] of clean water in a container must be carried on the nurse tank.

20.A hydrostatic relief valve or approved built-in hydrostatic relief must be installed at the main liquid stop valve. This hydrostatic relief valve must be date current and equipped with a rain cap.

21.Protective caps must be in place for the main liquid and vapor connections.

22.Excess flow valves must be in place on the liquid and vapor connections at the tank. Excess flow valves may be incorporated into the main stop valves on the tank.

23.The wagon tires must be in a safe and serviceable condition, with no cords showing, and a tread of at least two-thirty-secondths of an inch.

24.The wagon must be equipped with two suitable safety chains and a hitch pin.

25.The wagon tongue and undercarriage must be in a condition to provide safe transport.

26.The pressure vessel and appurtenances must be leak free in service.

27.Fittings and safety valves must be protected from physical damage, such as rollover, by roll cages or other protective devices.

28.An implement of husbandry may be fabricated from steel having a specified tensile strength not to exceed seventy-five thousand pounds per square inch [517110 kilopascals].

History

• History: Effective July 1, 1996; amended effective April 1, 1998; June 1, 2005; April 1, 2013; July 1,

N.D. Admin. Code 7-12-01-07 Documented training

1.Any person handling, transferring, transporting, or otherwise working with anhydrous ammonia at anhydrous ammonia storage facilities must be competent in safe operating practices and be able to take appropriate actions when faced with minor leaks as well as with emergency conditions.

2.Any person making, breaking, or testing any ammonia connection, transferring ammonia, or performing maintenance or repair on an ammonia system under pressure, at anhydrous ammonia storage facilities, must wear protective gloves and chemical splash goggles.

3.Documented training must occur initially and then at intervals of not less than once per year for those persons handling, transferring, transporting, or otherwise working with anhydrous ammonia at anhydrous ammonia storage facilities. Documentation must consist of signed forms indicating the type of training, the date the training occurred, the persons trained, and the supervisor or training coordinator. Signed forms must be kept on file for at least three years and made available for review by the agriculture commissioner during normal business hours.

4.Training may include audio and video media, demonstrations and lectures, but must include actual hands-on training for those persons initially required to handle, transfer, transport, or otherwise work with ammonia at anhydrous ammonia storage facilities. The type and amount of training must be consistent with the duties and responsibilities of the person at a particular storage facility. Personnel must be trained for and designated to act in emergency conditions.

History

• History: Effective July 1, 1996; amended effective April 1, 2013.

N.D. Admin. Code 7-12-01-08 Requirements for downloading anhydrous ammonia from a mobile storage container into a nurse tank

1.Cargo tanks used as mobile storage containers must have current United States department of transportation certification and container labeling and proof of such certification must be furnished to the agriculture commissioner initially and within thirty days of the recertifications required by the department of transportation.

2.Adequately sized wheel chocks must be used to prevent movement of both nurse tanks and cargo tanks prior to the start of any transfer operations.

3.Cargo tanks must have all safety equipment required by ANSI/CGA G-2.1-2014:

a.At least five gallons [18.93 liters] of clean water in a container;

b.One pair of protective gloves impervious to ammonia;

c.A full facepiece gas mask with an ammonia canister and at least one spare canister; and

d.Chemical splash goggles.

4.Nurse tanks must be equipped with all safety equipment required by ANSI/CGA G-2.1-2014:

a.At least five gallons [18.93 liters] of clean water in a container;

b.A legible decal depicting step-by-step ammonia transfer instructions; and

c.A legible decal depicting first-aid procedures to follow if injured by ammonia.

5.Transfer operations must take place:

a.Only on firm, well-prepared, level surfaces;

b.Only during daylight hours, or with proper lighting;

c.Only on the owner's or consignee's own property, to include rented or leased property;

d.At least fifty feet [15.24 meters] from the line of any adjoining property which may be built upon, or any highway or railroad mainline;

e.At least four hundred fifty feet [137.16 meters] from any place of public assembly or residence;

f.At least seven hundred fifty feet [228.6 meters] from any institutional residence; and

g.No closer than one mile [1.61 kilometers] from any city limits.

6.Transfer operations that transfer anhydrous ammonia directly from a bulk delivery vehicle to a separate cargo tank not connected to a truck are prohibited.

7.Designated downloading sites must be approved by local jurisdictions prior to licensing. Any additional siting or emergency response requirements of the local jurisdiction (county and township) must be complied with fully.

8.Systems mounted on trucks, semitrailers, and trailers for transportation of ammonia must follow the requirements of CGA G-2.1-2014 as well as all United States department of transportation requirements and must be connected to a mode of transportation while in use.

9.Mobile storage containers may not be used for permanent anhydrous ammonia storage.

History

• History: Effective July 1, 1996; amended effective April 1, 1998; June 1, 2005; April 1, 2013; July 1,

Chapter 7-12-02 Anhydrous Ammonia Nurse Tank and Storage Container Lock Pilot Program [Repealed]

N.D. Admin. Code 7-12-02 Anhydrous Ammonia Nurse Tank and Storage Container Lock Pilot Program [Repealed]

CHAPTER 7-12-02

ANHYDROUS AMMONIA NURSE TANK AND

STORAGE CONTAINER LOCK PILOT PROGRAM [Repealed effective April 1, 2013]

Chapter 7-12-03 Risk Management Program for Agricultural Anhydrous Ammonia Facilities

N.D. Admin. Code 7-12-03-01 Scope

The requirements of this chapter apply only to agricultural anhydrous ammonia facilities.

History

• History: Effective April 1, 2013.

N.D. Admin. Code 7-12-03-02 Incorporation by reference

The provisions of 40 CFR part 68 as they existed on January 17, 2025, are incorporated by reference into this chapter, with the following exceptions:

1.Where the term "stationary source" appears in 40 CFR part 68, for the purposes of this

chapter only reference the term "agricultural anhydrous ammonia facility" as defined in section 7-12-03-03.

2.Not adopted by reference is 40 CFR section 68.120.

3.Not adopted by reference are 40 CFR section 68.210, and 40 CFR section 68.215.

History

• History: Effective April 1, 2013; amended effective April 1, 2026.

N.D. Admin. Code 7-12-03-03 Definitions

The definitions in 40 CFR part 68 apply to this chapter. The following additional definitions also apply:

1."Agricultural anhydrous ammonia facility" means any facility that has at least ten thousand pounds [4535 kilograms] of storage capacity and stores anhydrous ammonia intended to be used as a fertilizer or in the manufacturing of a fertilizer.

2."Fertilizer" means any substance regulated as a fertilizer under North Dakota Century Code

chapter 19-20.1.

History

• History: Effective April 1, 2013.

Article 7-13 Meat Inspection

Chapter 7-13-01 General Information

N.D. Admin. Code 7-13-01-01 History

The first law providing inspection of meat slaughtering and processing facilities was enacted in 1951 as the standards for meat inspection, sanitation, and distribution under North Dakota Century Code chapter 36-23 (S.B. No. 201; S.L. 1951, ch. 223). In 1969, the existing meat inspection program was repealed because of disorganization caused by the lack of inspector training, inconsistency, and lack of guidance in the regulations (S.B. No. 251; S.L. 1969, ch. 322, § 10). It was immediately replaced by the North Dakota Meat Inspection Act under North Dakota Century Code chapter 36-23.1 (S.B. No. 251; S.L. 1969, ch. 322, §§ 1-8). This Act made the United States department of agriculture the only agency in North Dakota providing carcass inspection and inspection for meat slaughtering and processing facilities. North Dakota Century Code chapter 36-23.1 was repealed in 1991 (H.B.

No. 1478; S.L. 1991, ch. 377, § 3).

In 1999, House Bill No. 1290 created a state meat inspection program, giving the North Dakota department of agriculture the authority to make rules and implement inspection of meat slaughtering and processing establishments, including custom-exempt plants. The intent of the program is to allow small and medium livestock producers more opportunities to market their animal products and to provide a means for processing alternative or nontraditional livestock. In 2003, Senate Bill No. 2220 added poultry to the program, creating a state meat and poultry inspection program.

History

• History: Effective August 1, 2000; amended effective January 1, 2004.

N.D. Admin. Code 7-13-01-02 Inquiries

All inquiries regarding the state meat inspection program should be directed to:

North Dakota Department of Agriculture Director - Meat Inspection Program 600 East Boulevard Avenue, Dept. 602 Bismarck, ND 58505-0020 Telephone: 701-328-2231 Facsimile: 701-328-4567 E-mail: ndda@state.nd.us

History

• History: Effective August 1, 2000.

N.D. Admin. Code 7-13-01-03 Federal law

Repealed effective July 1, 2019.

N.D. Admin. Code 7-13-01-04 Definitions

The terms used throughout this article have the same meaning as in title 9, Code of Federal Regulations, parts 301 and 381, unless already defined in North Dakota Century Code section 4.1-31-01, in which case the North Dakota Century Code definitions shall govern. In addition, as used in this chapter or in applying title 9, Code of Federal Regulations, parts 301 and 381:

1."Administrator" as the term is used in title 9, Code of Federal Regulations, means the North Dakota agriculture commissioner unless made inappropriate by context.

2."Commissioner" means the North Dakota agriculture commissioner or the agriculture commissioner's authorized representative.

3."Department" means the North Dakota department of agriculture.

4."Federal Act" means the Federal Meat Inspection Act, as amended [Pub. L. 90-201; 21 U.S.C. 601 et seq.] and the Poultry Products Inspection Act, as amended [Pub. L. 106-170; 21 U.S.C. 451 et seq.].

5."Food safety inspection service" or "FSIS" as used in title 9, Code of Federal Regulations, means the North Dakota agriculture commissioner unless made inappropriate by context.

6."Official establishment" means a plant, facility, operation, or premises where animals are slaughtered for human consumption, or a plant or premises where meat or meat food products are processed, but does not include:

a.Establishments subject to federal inspection.

b.Premises of a person who is the owner of the animals to be slaughtered or of carcasses to be processed, and the resulting product is for exclusive use by that person, members of that person's household, or that person's nonpaying guests and employees.

7."Overtime" means any time when meat inspection personnel are requested to work in an establishment, as follows:

a.Saturday or Sunday.

b.New Year's Day, Martin Luther King Day, Presidents' Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. If any such holiday falls on Saturday or Sunday, the preceding Friday or succeeding Monday, respectively, shall be a holiday.

c.The day before Christmas Day and the day before New Year's Day.

d.Before 6 a.m. or after 6 p.m.

e.In excess of forty hours of "straight time" in any calendar week.

f.At any time other than a regularly scheduled slaughter period.

g.When an owner of an animal requests slaughter inspection from an official establishment at a nonregularly scheduled time.

"Overtime" does not include time spent traveling to or from an establishment.

8."Secretary" or "secretary of agriculture" as used in title 9, Code of Federal Regulations, means the North Dakota agriculture commissioner unless made inappropriate by context.

History

• History: Effective August 1, 2000; amended effective January 1, 2004.

N.D. Admin. Code 7-13-01-05 Access authorization

In addition to the access requirements under North Dakota Century Code section 4.1-31-03, the commissioner and any authorized representative shall have access to establishments where carcasses are stored or processed or where animals are slaughtered.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-18, 4.1-31-24
• Law Implemented: NDCC 4.1-31-03, 4.1-31-14

Chapter 7-13-02 Registration and Records Requirements

N.D. Admin. Code 7-13-02-01 Registration required

Any slaughtering establishment, meat processing establishment, or custom-exempt plant that is required to be inspected pursuant to North Dakota Century Code chapter 4.1-31 to operate under this

chapter must register annually with the department of agriculture on forms approved by the commissioner.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-18, 4.1-31-24
• Law Implemented: NDCC 4.1-31-16

N.D. Admin. Code 7-13-02-02 Registration period - Registration number

Registration for slaughter establishments, processing establishments, and custom-exempt plants is valid for one year. All registrations will expire annually on June thirtieth. Each registered establishment will be assigned a number that may not be transferred from one person or establishment to another.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-24
• Law Implemented: NDCC 4.1-31-24

N.D. Admin. Code 7-13-02-03 Records requirement

Any slaughtering establishment, meat processing establishment, or custom-exempt plant that is required to be inspected pursuant to North Dakota Century Code chapter 4.1-31 to operate under this

chapter must prepare and maintain those records required under title 9, Code of Federal Regulations, parts 320 and 381.

History

• History: Effective August 1, 2000; amended effective January 1, 2004.
• General Authority: NDCC 4.1-31-15
• Law Implemented: NDCC 4.1-31-13, 4.1-31-14, 4.1-31-15

Chapter 7-13-03 Marks and Labels

N.D. Admin. Code 7-13-03-01 Standards of identity

The composition of any meat or meat food product; whether or not in naturally occurring, processed, or composite and processed form; which is prepared, stored, handled, sold, or offered for sale in any establishment must comply with the definitions and standards of identity for such products as provided in title 9, Code of Federal Regulations, parts 319 and 381.

History

• Law Implemented: NDCC 4.1-31-04

N.D. Admin. Code 7-13-03-02 Required labeling

Any meat or meat food product offered for sale or barter must bear an appropriate label as provided in title 9, Code of Federal Regulations, parts 317 and 381.

History

• Law Implemented: NDCC 4.1-31-04

N.D. Admin. Code 7-13-03-03 Department review of labels

All formulas, labels, and labeling information used in the labeling of meat or meat food products in registered establishments must be submitted to the department for review prior to use. The department may seize and destroy all unauthorized labels.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-24
• Law Implemented: NDCC 4.1-31-07

N.D. Admin. Code 7-13-03-04 Official marks

A person may not offer for sale or barter any meat or meat food product that is not properly marked or labeled as provided by title 9, Code of Federal Regulations, parts 312, 316, 317, and 381.

History

• Law Implemented: NDCC 4.1-31-07

N.D. Admin. Code 7-13-03-05 Official state marks

The official mark used by state inspectors will be as prescribed in title 9, Code of Federal Regulations, parts 312, 316, and 381.96, except that the letters "U.S." shall be replaced with the words "North Dakota", unless federal law is changed requiring that such product be stamped U.S. inspected.

The commissioner may prescribe the size and shape of the official mark.

History

• Law Implemented: NDCC 4.1-31-04, 4.1-31-05

Chapter 7-13-04 Custom Slaughtering and Processing

N.D. Admin. Code 7-13-04-01 Marking of products

All custom-exempt plants are required to mark all custom-exempt meat and meat food products, other than poultry, with the words "NOT FOR SALE", stamped in block letters. The letters must be at least three-eighths of one inch [0.95 centimeter] in height. Custom slaughtered poultry must be marked with the owner's or processor's name and address and the statement "Exempted - P.L. 90-492."

Stamps, brands, and marks for custom-exempt meat and meat food product identification must be preapproved by the department.

1.Each side, quarter, or other part of a carcass, including detached organs or custom slaughtered or custom processed animals, not including poultry, must be legibly marked immediately after slaughter or, if the animal is not slaughtered at the plant, at the time the meat enters the plant for processing.

2.All boxes, cartons, packages, or containers of custom processed meat or meat food products, not including poultry, must be marked at the time of packaging with the name of the facility, or the registration number assigned by the department, with the words "NOT FOR SALE" at least three-eighths of one inch [0.95 centimeter] in height set forth in block letters.

3.All boxes, cartons, packages, or containers of custom slaughtered poultry or poultry food products must be marked at the time of packaging with the name and address of the owner or processor and the statement "Exempted - P.L. 90-492."

History

• History: Effective August 1, 2000; amended effective January 1, 2004.
• General Authority: NDCC 4.1-31-04
• Law Implemented: NDCC 4.1-31-04, 4.1-31-07

N.D. Admin. Code 7-13-04-02 Prohibited sales

A person or slaughtering establishment, meat processing establishment, or custom-exempt plant that is required to be inspected pursuant to North Dakota Century Code chapter 4.1-31 to operate under this chapter may not offer for sale or for barter any noninspected carcasses or parts of carcasses.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-24
• Law Implemented: NDCC 4.1-31-06

N.D. Admin. Code 7-13-04-03 Farm slaughter and game animals

Animals slaughtered on the farm, or game animals, may be processed at facilities under the same provisions as custom slaughtering or processing, provided that such animal carcasses are clean and wholesome and are handled, stored, and prepared so as to prevent the contamination of other food products handled, stored, or prepared at the plant. A person may not offer for sale or barter any meat, meat byproduct, or any meat food product slaughtered or processed in this method.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-11, 4.1-31-12, 4.1-31-24
• Law Implemented: NDCC 4.1-31-10, 4.1-31-11

N.D. Admin. Code 7-13-04-04 Sanitary requirements

A person or facility may not conduct custom slaughtering, custom processing, or custom-exempt operations unless such operations are conducted in accordance with the sanitary requirements under title 9, Code of Federal Regulations, parts 303 and 381.

History

• History: Effective August 1, 2000; amended effective January 1, 2004.
• General Authority: NDCC 4.1-31-24
• Law Implemented: NDCC 4.1-31-11

Chapter 7-13-05 Slaughter Requirements

N.D. Admin. Code 7-13-05-01 Antemortem inspections

For the purpose of preventing the entry into or movement in intrastate commerce of any meat or meat food product that is adulterated and is capable of use as human food, the commissioner shall cause antemortem inspection to be made of all cattle, swine, sheep, goats, farmed cervidae, llama, horses, equines, other large domesticated animal, and poultry, intended for slaughter in any establishment in this state where animals are slaughtered solely for intrastate commerce. Meat and meat food products inspected and passed under this title may be shipped in interstate commerce when federal law permits state-inspected meat and meat food products to be marketed interstate. All antemortem inspections must be done in accordance with title 9, Code of Federal Regulations, parts 309 and 381.

History

• General Authority: NDCC 4.1-31-18, 4.1-31-24

N.D. Admin. Code 7-13-05-02 Post-mortem inspections

The commissioner shall cause post-mortem inspections to be made on all carcasses and parts thereof of cattle, swine, sheep, goats, farmed cervidae, llama, horses, equines, other large domesticated animal, and poultry usable as human food prepared at a slaughtering, meat canning, salting, packing, rendering, or similar establishment in this state in which carcasses or parts thereof are prepared solely for intrastate commerce. Animal carcasses or parts thereof determined to be unadulterated must be marked, stamped, tagged, or labeled as "Inspected and Passed". Inspectors shall label, mark, stamp, or tag as "Inspected and Condemned" animal carcasses or parts thereof found to be adulterated. Carcasses or animal parts inspected and condemned must be destroyed for food purposes by the establishment in the presence of an inspector. Meat and meat food products inspected and passed under this title may be shipped in interstate commerce when federal law permits state-inspected meat and meat food products to be marketed interstate. All inspections are to be done in accordance with title 9, Code of Federal Regulations, parts 310 and 381.

N.D. Admin. Code 7-13-05-03 Pathogen reduction performance standards

Establishments that slaughter cattle, sheep, goats, equines, swine, or poultry shall collect and test samples as required in title 9, Code of Federal Regulations, parts 310 and 381.

N.D. Admin. Code 7-13-05-04 Condemned and inedible

All animal carcasses or parts thereof, meat, and meat food products found by an inspector to be adulterated in any establishment must be condemned and must be destroyed for human food purposes under the supervision of an inspector and in a manner prescribed by the commissioner. But such carcass or part, meat, or meat food product that may, by reprocessing, be made not adulterated, need not be condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be unadulterated. The commissioner may remove inspectors from an establishment that fails to destroy a condemned animal carcass or part. A person may not sell, donate, transport, or offer or receive for sale or transportation, in this state, any such carcasses or parts thereof, meat, or meat food products which are not intended for use as human food unless they are denatured or otherwise identified as required by the commissioner or are naturally inedible by humans.

History

• General Authority: NDCC 4.1-31-17
• Law Implemented: NDCC 4.1-31-17

N.D. Admin. Code 7-13-05-05 Dead, dying, disabled, or diseased animals

Any animal determined to be dead, dying, disabled, or diseased must be handled in accordance with title 9, Code of Federal Regulations, parts 309 and 381.

History

• General Authority: NDCC 4.1-31-17
• Law Implemented: NDCC 4.1-31-17

N.D. Admin. Code 7-13-05-06 Humane slaughter of livestock - Religious exemption

To prevent the inhumane slaughter of animals, the commissioner shall cause to be made an examination and inspection of the method by which animals are slaughtered and handled in the slaughtering establishments inspected under North Dakota Century Code chapter 4.1-31. The commissioner may refuse to provide inspection to a new slaughtering establishment or may suspend inspections at a slaughtering establishment if the commissioner finds that any animal has been slaughtered or handled at such establishment by any method that is not in accordance with title 9, Code of Federal Regulations, part 313. The commissioner may cause inspection services to begin or resume after the establishment furnishes satisfactory assurance to the commissioner that all animal slaughtering and handling are in accordance with such method. The commissioner may permit slaughter methods in accordance with religious ritual requirements, provided that such slaughter methods are recognized and approved by the governing authority of that religious sect or group.

History

• Law Implemented: NDCC 4.1-31-18, 4.1-31-24

N.D. Admin. Code 7-13-05-07 Horse slaughter

The slaughter of horses, mules, and other equines and the preparation and handling of the products thereof must be conducted in establishments separate from those used for the slaughter and preparation of other animals. All carcasses, parts, meat, meat food products, or other products thereof must be conspicuously labeled, marked, branded, or tagged "Horse Meat" or "Horse Meat Product" by a method approved by the department.

History

• General Authority: NDCC 4.1-31-08
• Law Implemented: NDCC 4.1-31-08

Chapter 7-13-06 Facility Requirements

N.D. Admin. Code 7-13-06-01 Designated inspection hours

Establishments shall designate to the department regular inspection days and hours for requested inspection services, subject to department approval. Establishments doing custom slaughter or custom processing shall do so only on designated hours or days apart from the regular inspection schedule unless preapproved by the department.

History

• Law Implemented: NDCC 4.1-31-02

N.D. Admin. Code 7-13-06-02 Inspection fees

Except for overtime hours, inspection fees for providing meat inspection services will not be charged to a person or establishment requiring those services. Overtime incurred by the department for providing meat inspection services requested by a person or establishment will be charged at such rates as the commissioner may determine from time to time. The commissioner may waive overtime charges to establishments.

History

• Law Implemented: NDCC 4.1-31-24

N.D. Admin. Code 7-13-06-03 Facility review requirement

New establishment construction plans or alterations to an existing establishment must be submitted to the department for review prior to construction. Plans must contain sufficient detail for the department to review all additions or modifications to slaughtering or processing areas on the establishment premises.

History

• Law Implemented: NDCC 4.1-31-24

Chapter 7-13-07 Reinspection

N.D. Admin. Code 7-13-07-01 Reinspection

After the first inspection, inspectors, if they consider it necessary, shall reinspect the animal carcasses, meat, meat byproducts, meat food products, or parts thereof to determine whether such carcasses, meat, meat byproducts, meat food products, or parts have become adulterated since the first inspection. If an animal carcass, meat, meat byproducts, meat food products, or animal part is then found to be adulterated, it must be destroyed for food purposes by the establishment in the presence of an inspector.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-24
• Law Implemented: NDCC 4.1-31-24

N.D. Admin. Code 7-13-07-02 Adulteration or misbranding

A person or any slaughtering establishment, meat processing establishment, or custom-exempt plant may not misbrand or adulterate any meat, meat byproduct, or meat food product or misrepresent the products to its customers.

History

• History: Effective August 1, 2000.
• General Authority: NDCC 4.1-31-24
• Law Implemented: NDCC 4.1-31-18

Chapter 7-13-08 Enforcement

N.D. Admin. Code 7-13-08-01 Refusal or withdrawal of inspection

For the purpose of enforcing North Dakota Century Code section 4.1-31-19, an offense determined by the commissioner to have a direct bearing on the person's ability to serve the public in a business requiring inspection under North Dakota Century Code chapter 4.1-31 includes any felony conviction in any federal or state court. This section does not limit in any way other provisions of federal or state law for withdrawal of inspection services from official establishments failing to maintain sanitary conditions or destroy condemned carcasses, parts, meat, or meat food products.

History

• Law Implemented: NDCC 4.1-31-19

N.D. Admin. Code 7-13-08-02 Regulatory enforcement action

The commissioner shall take regulatory control, withholding, or suspension action when necessary, in accordance with the provisions of title 9, Code of Federal Regulations, part 500, except that any complaint or hearing when allowed or required under such action will be conducted in accordance with North Dakota Century Code chapter 28-32.

History

• Law Implemented: NDCC 4.1-31-18, 4.1-31-19

N.D. Admin. Code 7-13-08-03 Criminal prosecution

If an authorized representative of the commissioner believes that a violation of North Dakota Century Code chapter 4.1-31 or these rules has occurred, the representative shall immediately report the violation to the commissioner. The commissioner may refer the matter to the appropriate authorities for prosecution or injunctive proceedings unless the commissioner believes that a written warning will adequately serve the public interest.

History

• Law Implemented: NDCC 4.1-31-18, 4.1-31-26

Article 7-15 Fertilizer Regulation

Chapter 7-15-01 Investigational Allowances

N.D. Admin. Code 7-15-01-01 Fertilizer investigational allowances

A fertilizer must be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall index value of the fertilizer is below 98 percent.

Guarantee, Percent Nitrogen (N)

Available Phosphate (P O )Sol. Potash (K O)

Investigational Allowance, Percent 04 or less0.490.670.41 050.510.670.43 060.520.670.47 070.540.680.53 080.550.680.60 090.570.680.65 100.580.690.70 120.610.690.79 140.630.700.87 160.670.700.94 180.700.711.01 200.730.721.08 220.750.721.15 240.780.731.21 260.810.731.27 280.830.741.33 300.860.751.39 320.880.761.44 340.880.791.46 360.880.831.49 380.880.861.51 400.880.901.54 420.880.931.56 440.880.961.58 460.881.001.61 480.881.031.63 500.881.071.66 520.881.101.68 540.881.101.70 560.881.101.73 580.881.101.75 600.881.101.78 620.881.101.80 The investigational allowance for triple superphosphate, also know as calcium dihydrogen phosphate or monocalcium phosphate, is 1.53 percent.

For these investigational allowances to be applicable, the recommended AOAC International procedures for obtaining, preparing, and analyzing samples must be used.

History

• History: Effective October 1, 2014.
• General Authority: NDCC 4.1-40-11
• Law Implemented: NDCC 4.1-40

N.D. Admin. Code 7-15-01-02 Micronutrient investigational allowance

Micronutrients shall be deemed deficient if the analysis of any element is below the guarantee by an amount exceeding the values calculated according to the following schedule:

ElementInvestigational Allowance Calcium0.2 unit + 5% of guarantee Magnesium0.2 unit + 5% of guarantee Sulfur0.2 unit + 5% of guarantee Boron0.003 unit + 15% of guarantee Cobalt0.0001 unit + 30% of guarantee Chlorine0.005 unit + 10% of guarantee Copper0.005 unit + 10% of guarantee Iron0.005 unit + 10% of guarantee Manganese0.005 unit + 10% of guarantee Molybdenum0.0001 unit + 30% of guarantee Sodium0.005 unit + 10% of guarantee Zinc0.005 unit + 10% of guarantee The maximum allowance when calculated in accordance with the above shall be one unit (one percentage point).

For these investigational allowances to be applicable, the recommended AOAC International procedures for obtaining, preparing, and analyzing samples must be used.

History

• History: Effective October 1, 2014.
• General Authority: NDCC 4.1-40-11
• Law Implemented: NDCC 4.1-40

Chapter 7-15-02 Micronutrient Guaranteed Analysis

N.D. Admin. Code 7-15-02-01 Accepted micronutrient minimum concentrations

Micronutrients mentioned in any form or manner must be registered and guaranteed. Guarantees must be made on the elemental basis; however, the source of the micronutrient must be specified. For example, a micronutrient that is a mixture of EDTA and citric acid bound micronutrient must specify the percentage of total micronutrient in each form. Except guarantees for those water soluble nutrients labeled for ready-to-use foliar fertilizers, read-to-use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting, garden, and lawn soils, the minimum percentages which are accepted for registration are as follows:

ElementMinimum Conce., % Calcium (Ca)1.0000 Magnesium (Mg)0.5000 Sulfur (S)1.0000 Boron (B)0.0200 Chlorine (Cl)0.1000 Cobalt (Co)0.0005 Copper (Cu)0.0500 Iron (Fe)0.1000 Manganese (Mn)0.0500 Molybdenum (Mo)0.0005 Nickel (Ni)0.0010 Sodium (Na)0.1000 Zinc (Zn)0.0500

History

• History: Effective October 1, 2014; amended effective April 1, 2026.
• General Authority: NDCC 4.1-40-11
• Law Implemented: NDCC 4.1-40

N.D. Admin. Code 7-15-02-02 Warning statements

A warning or caution statement may be required for any product that contains a micronutrient in water soluble form when there is evidence that the micronutrient in excess of a certain percentage or concentration may be harmful to certain crops or human health, or where there are unusual environmental conditions.

History

• History: Effective October 1, 2014.
• General Authority: NDCC 4.1-40-11
• Law Implemented: NDCC 4.1-40

Article 7-16 Commercial Feed

Chapter 7-16-01 Definitions and Terms

N.D. Admin. Code 7-16-01-01 Definitions and terms

1.The names and definitions for commercial feeds are the official definition of feed ingredients adopted by the association of American feed control officials except as otherwise designated by the agriculture commissioner in specific cases.

2.The terms used in reference to commercial feeds are the official feed terms adopted by association of American feed control officials except as otherwise designated by the agriculture commissioner in specific cases.

3.The following commodities are exempt from the definition of commercial feed: raw meat, raw poultry, hay, loose straw, stover, silages, cobs, husks, and hulls or grain screenings when unground and when not mixed or intermixed with other materials provided that these commodities are not adulterated within the meaning of North Dakota Century Code 4.1-41-11.

4.Principal display panel means the out-facing side of the feed tag. If there is no tag, principal display panel means the label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-01

Chapter 7-16-02 Label Format

N.D. Admin. Code 7-16-02-01 Label format

Label information as required in North Dakota Century Code section 4.1-41-06 is to be placed as follows:

1.The information required in subsections 1 and 2 of North Dakota Century Code section 4.1-41-06 and a purpose statement must appear in its entirety on the principal display panel.

2.The information required in subsections 3, 4, 5, 6, and 7 of North Dakota Century Code

section 4.1-41-06 must be displayed in a prominent place on the feed tag or label, but not necessarily on the principal display panel. When a precautionary statement is required but does not appear on the principal display panel, it must be referenced on the principal display panel with a statement such as "see back of label for precautions".

3.The information required to appear on the label may not be subordinated or obscured by other statements or designs.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-03 Label Information

N.D. Admin. Code 7-16-03-01 Label information

Commercial feed, other than customer-formula feed, must be labeled with the information prescribed by North Dakota Century Code section 4.1-41-06.

1.Product name and brand name if any:

a.The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform to that use. A commercial feed for a particular animal class must be suitable for that purpose.

b.Commercial, registered brand, or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name.

c.The name of a commercial feed may not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and may not be one representing any components of a mixture unless all components are included in the name provided that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.

d.The word "protein" is not be permitted in the product name of a feed that contains added nonprotein nitrogen.

e.When the name carries a percentage value, it must be understood to signify protein content or protein equivalent content, or both even though it may not explicitly modify the percentage with the word "protein" provided that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. Digital numbers may not be used in such a manner as to be misleading or confusing to the customer.

f.Single ingredient feeds must have a product name in accordance with the designated definition of feed ingredients as recognized by the association of American feed control officials unless the agriculture commissioner designates otherwise.

g.The word "vitamin", or a contraction of vitamin, or any word suggesting vitamin may be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared as specified in this

rule.

h.The term "mineralized" shall not be used in the name of a feed except for "trace mineralized salt". When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

i.The term "meat" and "meat byproducts" must be qualified to designate the animal from which the meat and meat byproducts are derived unless the meat and meat byproducts are made from cattle, swine, sheep, and goats.

2.If a drug is used:

a.The word "medicated" must appear directly following and below the product name in type size, no smaller than one-half the type size of the product name;

b.Purpose statement as required in this section;

c.The purpose of the medication; and

d.An active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with these rules.

3.Purpose statement:

a.The statement of purpose shall contain the specific species and animal class for which the feed is intended as defined in these rules.

b.The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species, and purpose while being consistent with the category of animal class defined in these rules which may include weight range, sex, or age of animal for which the feed is manufactured.

c.The purpose statement may be excluded from the label if the product name includes a description of the species and animal class for which the product is intended.

d.The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state "for further manufacture of feed" if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species, feeds, and premix specifications are provided by the end user of the premix.

e.The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products, or molasses products may exclude the animal class and species and state "for further manufacture of feed" if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds.

f.The purpose statement of a product must include a statement of enzyme functionality if enzymatic activity is represented in any manner.

g.The statement of purpose for single ingredient feeds must be stated as "single ingredient feed" or "feed ingredient". The manufacturer of a single ingredient feed or feed ingredient shall have the flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class.

4.Guarantees must be stated in the following sequence: crude protein, equivalent crude protein from nonprotein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, neutral detergent fiber, calcium, phosphorus, salt, and sodium.

5.Other required and voluntary guarantees must follow a general format such that the units of measure used to express guarantees are listed in a sequence that provides a consistent grouping of the units of measure.

6.Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of North Dakota Century Code section 4.1-41-06.

a.The name of each ingredient as defined in the official publication of the association of American feed control officials, common or usual name, or one approved by the agriculture commissioner.

b.Collective terms for the grouping of feed ingredients as defined in the official definitions of feed ingredients published in the official publication of the association of American feed control officials in lieu of the individual ingredients, provide that:

(1)When a collective term for a group of ingredients is used on the label, individual ingredients within that group must not be listed on the label.

(2)The manufacturer shall provide the feed control official with a list of individual ingredients within a defined group that are or have been used at manufacturing facilities distributing in or into the state upon request.

7.Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by this rule appear elsewhere on the label.

8.Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address must include the street address, city, state, and zip code. The street address may be omitted if it is shown in the current city directory or telephone directory.

9.Quantity statement:

a.Net quantity must be declared in terms of weight, liquid measure, or count based on applicable requirements under section 4 of the Fair Packaging and Labeling Act. bNet quantity labeled in terms of weight must be expressed both in pounds, with any remainder in terms of ounces or common decimal fractions of the pound and in appropriate metric system units. In the case of liquid measure, both in the largest whole unit with any remainder in terms of fluid ounces, or common decimal fractions of the pint or quart and in appropriate metric system units.

c.When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it must be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-04 Required Guarantees by Animal Class

N.D. Admin. Code 7-16-04-01 Required guarantees by animal class

1.Required guarantees for swine formula feeds.

(1)Prestarter - Two to eleven pounds [0.91 to 4.99 kilograms].

(2)Starter - Eleven to forty-four pounds [4.99 to 19.96 kilograms].

(3)Grower - Forty-four to one hundred ten pounds [19.96 to 49.90 kilograms].

(4)Finisher - One hundred ten pounds [49.90 kilograms] to market weight.

(5)Gilts, sows, and adult boars.

(6)Lactating gilts and sows.

b.Guaranteed analysis for all animal classes for swine complete feeds and supplements.

(2)Minimum percentage of lysine.

(7)Minimum and maximum percentage of salt if added.

(9)Minimum selenium in parts per million.

2.Required guarantees for formula poultry feeds for broilers, layers, and turkeys.

(1)Layer - Chickens that are grown to produce eggs for food.

(a)Starting or growing - From day of hatch to approximately ten weeks of age.

(b)Finisher - From approximately ten weeks of age to the time the first egg is produced, approximately twenty weeks of age.

(c)Laying - From the time the first egg is laid throughout the time of egg production.

(d)Breeders - Chickens that produce fertile eggs for hatching replacement layers to produce eggs for food from the time the first egg is laid throughout their productive cycle.

(2)Broiler - Chickens that are grown for human food.

(a)Starting or growing - From day of hatch to approximately five weeks of age.

(b)Finisher - From approximately five weeks of age to market, forty-two to fifty-two days.

(c)Breeders - Hybrid strains of chickens of any age and either sex, whose offspring are grown for human food.

(3)Broilers, breeders - Chickens whose offspring are grown for human food.

(a)Starting or growing - From day of hatch until approximately ten weeks of age.

(b)Finishing - From approximately ten weeks of age to time the first egg is produced, approximately twenty weeks of age.

(c)Laying - Fertile, egg-producing chickens from the day of first egg throughout the time fertile eggs are produced.

(4)Turkeys.

(a)Starting or growing - Turkeys that are grown for human food from day of hatch to approximately thirteen weeks of age for hens and sixteen weeks of age for toms.

(b)Finisher - Turkeys that are grown for human food, hens from approximately thirteen weeks of age to approximately seventeen weeks of age; males from sixteen weeks of age to twenty weeks of age; or desired market weight.

(c)Laying - Female turkeys that are producing eggs, from the time the first egg is produced throughout the time of egg production.

(d)Breeder - Turkeys of both sexes that are grown to produce fertile eggs, from day of hatch to the time the first egg is produced, approximately thirty weeks of age.

b.Guaranteed analysis for all animal classes for poultry complete feeds and supplements.

(2)Minimum percentage of lysine.

(3)Minimum percentage of methionine.

(4)Minimum percentage of crude fat.

(5)Maximum percentage of crude fiber.

(8)Minimum and maximum percentage of salt if added.

(9)Minimum and maximum percentage of total sodium must be guaranteed only when

3.Required guarantees for beef cattle formula feeds.

(1)Calves from birth to weaning.

(2)Cattle on pasture may be specific as to production stage; for example, stocker, feeder, replacement heifers, brood cows, bulls, etc.

(3)Feedlot cattle.

b.Guaranteed analysis for all animal classes for beef complete feeds and supplements.

(7)Minimum and maximum percentage of salt if added.

(9)Minimum percentage of potassium.

(10)Minimum vitamin A, other than precursors of vitamin A, in international units per

c.Guaranteed analysis for beef mineral feeds if added.

(3)Minimum and maximum percentage of salt.

(4)Minimum and maximum percentage of total sodium must be guaranteed only when (5)Minimum percentage of magnesium.

(6)Minimum percentage of potassium.

(7)Minimum copper in parts per million.

(8)Minimum selenium in parts per million (9)Minimum zinc in parts per million.

(10)Minimum vitamin A, other than precursors of vitamin A, in international units per pound.

4.Required guarantees for dairy formula feeds.

(1)Veal milk replacer.

(2)Herd milk replacer.

(3)Starter.

(4)Nonlactating dairy cattle.

(a)Replacement dairy heifers;

(b)Dairy bulls; and (c)Dairy calves.

(5)Lactating dairy cows.

(6)Dry dairy cows.

b.Guaranteed analysis for veal and heard replacement milk replacer.

(4)Minimum and maximum of percentage calcium.

(6)Minimum vitamin A, other than precursors of vitamin A, in international units per

c.Guaranteed analysis for dairy cattle complete feeds and supplements.

(5)Maximum percentage of acid detergent fiber.

(8)Minimum selenium in parts per million.

(9)Minimum vitamin A, other than precursors of vitamin A, in international units per

d.Required guaranteed analysis for dairy mixing and pasture mineral, if added.

(3)Minimum and maximum percentage of salt.

(4)Minimum and maximum percentage of total sodium must be guaranteed only when (5)Minimum percentage of magnesium.

(6)Minimum percentage of potassium.

(7)Minimum selenium in parts per million.

(8)Minimum vitamin A, other than the precursors of vitamin A, in international units per pound.

5.Required guarantees for equine formula feeds.

(1)Growing.

(2)Broodmare.

(3)Maintenance.

(4)Performance, including stallions.

b.Guaranteed analysis for all animals classes for equine complete feeds and supplements.

(4)Maximum percentage of acid detergent fiber.

(5)Maximum percentage of neutral detergent fiber.

(8)Minimum copper in parts per million, if added.

(9)Minimum selenium in parts per million.

(10)Minimum zinc in parts per million.

(11)Minimum vitamin A, other than the precursors of vitamin A, in international units if

c.Guaranteed analysis for all animal classes for equine mineral feeds.

(3)Minimum and maximum percentage of salt if added.

(4)Minimum and maximum percentage of sodium.

(5)Minimum copper in parts per million if added.

(6)Minimum selenium in parts per million.

(7)Minimum zinc in parts per million.

(8)Minimum vitamin A, other than precursors of vitamin A, in international units per

6.Required guarantees for goat formula feeds.

(1)Starter.

(2)Grower.

(3)Finisher.

(4)Breeder.

(5)Lactating.

b.Guaranteed analysis for all animal classes for goat complete feeds and supplements.

(5)Minimum and maximum percentage of acid detergent fiber.

(8)Minimum and maximum percentage of salt, if added.

(9)Minimum and maximum percentage of total sodium must be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee.

(10)Minimum and maximum copper in parts per million, if added.

(11)Minimum selenium in parts per million.

(12)Minimum vitamin A, other than precursors of vitamin A, in international units, if

7.Required guarantees for sheep formula feeds.

(1)Starter.

(2)Grower.

(3)Finisher.

(4)Breeder.

(5)Lactating.

b.Guaranteed analysis for all animal classes for sheep complete feeds and supplements:

(7)Minimum and maximum percentage of salt, if added.

(9)Minimum and maximum copper in parts per million, if added or if total copper exceeds twenty parts per million.

(10)Minimum selenium in parts per million.

(11)Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added.

8.Required guarantees for duck and geese formula feeds.

(1)Ducks:

(a)Starter - Zero to three weeks of age.

(b)Grower - Three to six weeks of age.

(c)Finisher - Six weeks to market.

(d)Breeder developer - Eight to nineteen weeks of age.

(e)Breeder - Twenty-two weeks to end of lay.

(2)Geese:

(a)Starter - Zero to four weeks of age.

(b)Grower - Four to eight weeks of age.

(c)Finisher - Eight weeks to market.

(d)Breeder developer - Ten to twenty-two weeks of age.

(e)Breeder - Twenty-two weeks to end of lay.

b.Guaranteed analysis for all classes for duck and geese complete feeds and supplements:

(4)Minimum and maximum percentage of calcium.

(6)Minimum and maximum percentage of salt if added.

(7)Minimum and maximum percentage of total sodium must be guaranteed only when

9.Required guarantees for fish complete feeds and supplements.

a.Animal species shall be declared in lieu of animal class:

(1)Trout.

(2)Catfish.

(3)Species other than trout or catfish.

b.Guaranteed analysis for fish complete feeds and supplements:

(1)Minimum percentage of crude protein;

(2)Minimum percentage of crude fat;

(3)Maximum percentage of crude fiber; and (4)Minimum percentage of phosphorus.

10.Required guarantees for rabbit complete feeds and supplements.

(1)Grower - Four to twelve weeks of age.

(2)Breeder - Twelve weeks of age and over.

b.Guaranteed analysis for all classes for rabbit complete feeds and supplements:

(3)Minimum and maximum percentage of crude fiber, maximum crude fiber may not exceed the minimum by more than five units.

(4)Minimum and maximum percentage of calcium.

(6)Minimum and maximum percentage of salt if added.

(7)Minimum and maximum percentage of total sodium must be guaranteed only when (8)Minimum vitamin A, other than precursors of vitamin A, in international units per

11.The required guarantees of grain mixtures with or without molasses and feeds other than those described in this rule must include the following items in the order listed:

a.Animal class and species for which the product is intended.

b.Guaranteed analysis:

(1)Minimum percentage crude protein.

(2)Maximum or minimum percentage of equivalent crude protein from nonprotein nitrogen.

(5)Minerals in formula feeds in the following order:

(a)Minimum and maximum percentages of calcium.

(b)Minimum percentage of phosphorus.

(c)Minimum and maximum percentage of salt if added.

(d)Minimum and maximum percentage of total sodium must be guaranteed only when total sodium exceeds the maximum salt guarantee.

(e)Other minerals.

(6)Minerals in feed ingredients as specified by the official definitions of the association of American feed control officials.

(7)Vitamins in such terms as specified in this rule.

(8)Total sugars as invert on dried molasses products or products being sold primarily for their sugar content.

(9)Viable lactic acid producing microorganisms for use in silages in terms specified in this rule.

(10)A commercial feed intended to provide a specialized nutritional source for use in the manufacture of other feeds, must state the intended purpose and guarantee the relevant nutrients.

12.Exemptions.

a.A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a compete feed for swine, poultry, fish, and veal, and herd milk replacers is not required when:

(1)The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal.

(2)The feed or feed ingredient is intended for nonfood-producing animals and contains less than six and one-half percent total mineral.

b.Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

c.Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

d.Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific label claims are made.

e.The indication for animal class and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class or species.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-05 Expression of Guarantees

N.D. Admin. Code 7-16-05-01 Expression of guarantees

1.The guarantees for crude protein, equivalent crude protein from nonprotein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and other fiber indicators shall be in terms of percentage.

2.Mineral guarantees.

a.When the calcium, salt, and sodium guarantees are given in the guaranteed analysis, such must be stated and conform to the following:

(1)When the minimum is below two and one-half percent, the maximum may not exceed the minimum by more than one-half percentage point.

(2)When the minimum is two and one-half percent, but less than five percent, the maximum may not exceed the minimum by more than one percentage point.

(3)When the minimum is above five percent or greater, the maximum may not exceed the minimum by more than twenty percent of the minimum and in no case may the maximum exceed the minimum by more than five percentage points.

b.When stated, guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus, and maximum fluorine must be in terms of percentage. Other mineral guarantees must be stated in parts per million when the concentration is less than ten thousand parts per million and in percentage when the concentration is ten thousand parts per million or greater.

c.Products labeled with a quantity statement may state mineral guarantees in milligrams per unit consistent with the quantity statement and directions for use.

3.Guarantees for minimum vitamin content of commercial feeds must be listed in the order specified and are stated in milligrams per pound or in units consistent with those used for the quantity statement unless otherwise specified.

a.Vitamin A, other than precursors of vitamin A, in international units per pound.

b.Vitamin D-3 in products offered for poultry feeding, in international chick units per pound.

c.Vitamin D for other uses, international units per pound.

d.Vitamin E, in international units per pound.

e.Concentrated oils and feed additive premixes containing vitamins A, D, E, or any combination thereof may, at the option of the distributor be stated in units per gram instead of units per pound.

f.Vitamin B-12, in milligrams or micrograms per pound.

g.All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: menadione; riboflavin; d-pantothenic acid; thiamine; niacin; vitamin B-6; folic acid; choline; biotine; inositol; p-amino benzoic acid; ascorbic acid; and carotene.

4.Guarantees for drugs must be stated in terms of percent by weight, except:

a.Antibiotics present at less than two thousand grams per ton, total, of commercial feed must be stated in grams per ton of commercial feed.

b.Antibiotics present at two thousand or more grams per ton, total, of commercial feed must be stated in grams per pound of commercial feed.

c.Labels for commercial feeds containing either growth promotion, or feed efficiency levels of nonmedically important antibiotics, or both, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the federal food additive regulations for certain antibiotics, where quantitative guarantees are required regardless of the level or purpose of the antibiotic.

d.The term "milligrams per pound" may be used for drugs or antibiotics in those cases where a dosage is given in "milligrams" in the feeding directions.

5.Commercial feeds containing any added nonprotein nitrogen must be labeled as follows:

a.For ruminants:

(1)Complete feeds, supplements, and concentrates containing added nonprotein nitrogen and containing more than five percent protein from natural sources must be guaranteed as follows: crude protein, minimum, (insert percent). This includes not more than (insert percent) equivalent crude protein from nonprotein nitrogen.

(2)Mixed feed concentrates and supplements containing less than five percent protein from natural sources may be guaranteed as follows: equivalent crude protein from nonprotein nitrogen, minimum (insert percent).

(3)Ingredient sources of nonprotein nitrogen such as urea, diammonium phosphate, ammonium phosphate solution, ammoniated rice hulls, or other basic nonprotein nitrogen ingredients defined by the association of American feed control officials must be guaranteed as follows: nitrogen, minimum (insert percent), equivalent crude protein from nonprotein nitrogen, minimum (insert percent).

b.For nonruminants:

(1)Complete feeds, supplements, and concentrates containing crude protein from all forms of nonprotein nitrogen, added as such, must be labeled as follows: crude protein, minimum (insert percent). This includes not more than (insert percent) equivalent crude protein that is not nutritionally available to (species of animal for which the feed is intended).

(2)Premixes, concentrates, or supplements intended for nonruminants containing more than one and one-quarter percent equivalent crude protein from all forms of nonprotein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

WARNING: This feed must be used only in accordance with directions furnished on the label.

6.Mineral phosphatic materials for feeding purposes must be labeled with the guarantee for minimum and maximum percentage of calcium when present, the minimum percentage of phosphorus, and the maximum percentage of fluorine.

7.Guarantees for microorganisms shall be stated in colony forming units per gram when directions are for using the product in grams, or in colony forming units per pound when directions are for using the product in pounds. A parenthetical statement following the guarantee must list each species in order of predominance.

8.Guarantees for enzymes must be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enyzmatic activity must be specified, such as: "protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./milligram." If two or more sources have the same type of activity, they must be listed in order of predominance based on the amount of enzymatic activity provided.

9.Guarantees for dietary starch, sugars, and fructans for commercial feeds, other than customer-formula feed, pet food, and specialty pet food products:

a.A commercial feed that bears on its labeling a claim in any manner for levels of "dietary starch", "sugars", "fructans", or words of similar designation, must include on the label:

(1)Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee.

(2)A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products.

b.When such guarantees for dietary starch, sugars or fructans for commercial feeds appear on the label, feeding directions must indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-06 Substantiation of Nutritional Suitability

N.D. Admin. Code 7-16-06-01 Substantiation of nutritional suitability

1.A commercial feed, other than a customer-formula feed, must be nutritionally suitable for its intended purpose as represented by its labeling.

2.If the commissioner has reasonable cause to believe a commercial feed is not nutritionally suitable, the commissioner may request the feed manufacturer to either submit an "affidavit of suitability" or an alternative procedure acceptable to the commissioner, certifying the nutritional adequacy of the feed. The affidavit of suitability or alternative procedure of suitability serves as substantiation of the suitability of the feed.

3.If an affidavit of suitability, or alternative procedure acceptable to the commissioner is not submitted by the feed manufacturer within thirty days of written notification, the commissioner may deem the feed adulterated under this rule and order the feed removed from the marketplace.

4.The affidavit of suitability mus contain the following information:

a.The feed company's name;

b.The product name of the feed;

c.The name and title of the affiant submitting the document;

d.A statement that the affiant has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is nutritionally adequate for its intended

purpose;

e.The date of submission; and

f.The signature of the affiant notarized by a certified notary public.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-07 Ingredients

N.D. Admin. Code 7-16-07-01 Ingredients

1.The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, must be the name as defined in the official definitions of feed ingredients as published in the official publication of the association of American feed control officials, the common or usual name, or one approved by the agriculture commissioner.

2.The name of each ingredient must be shown in letters or type of the same size.

3.No reference to quality or grade of an ingredient must appear in the ingredient statement of a feed.

4.The term "dehydrated" may precede the name of any product that has been artificially dried.

5.A single ingredient product defined by the association of American feed control officials is not required to have an ingredient statement.

6.Tentative definitions for ingredients may not be used until adopted as official unless no official definition exists or the ingredient has a common accepted name that requires no definition.

7.When the word "iodized" is used in connection with a feed ingredient, the feed ingredient must contain not less than seven thousandths of one percent iodine, uniformly distributed.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-08 Directions for Use and Precautionary Statements

N.D. Admin. Code 7-16-08-01 Directions for use and precautionary statements

1.Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives must:

a.Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

b.Include all information described by all applicable regulations under the Federal Food, Drug, and Cosmetic Act.

2.Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in these rules.

3.Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-09 Nonprotein Nitrogen

N.D. Admin. Code 7-16-09-01 Nonprotein nitrogen

Urea and other nonprotein nitrogen products defined in the official publication of the association of American feed control officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than eight and three quarters percent of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the label must bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED."

1.The directions for use and the caution statement must be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

2.Nonprotein nitrogen defined in the official publication of the association of American feed control officials, when so indicated, are acceptable ingredients in commercial feeds distributed to nonruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from nonprotein nitrogen sources when used in nonruminant rations may not exceed one and one-quarter percent of the total daily ration.

3.On labels such as those for medicated feeds which bear either adequate feeding directions, or warning statements, or both; the presence of added nonprotein nitrogen may not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-10 Drugs and Additives in Feed

N.D. Admin. Code 7-16-10-01 Drugs and additives in feed

1.Prior to approval of either a registration application or approval of a label for commercial feed which contains additives, or both, the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

2.Satisfactory evidence of safety and efficacy of a commercial feed may be:

a.When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in title 21, Code of Federal Regulations, or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use.

b.When the commercial feed is itself a drug as defined in subsection 7 of North Dakota Century Code section 4.1-41-01 and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the food and drug administration under section 512 of the Federal Food, Drug, and Cosmetic Act.

c.When one of the purposes for feeding a commercial feed is to impart immunity, the constituents imparting immunity have been approved for the purpose through the federal Virus, Serum, and Toxins Act of 1913 as amended.

d.When the commercial feed is a direct fed microbial product and:

(1)The product meets the particular fermentation product definition;

(2)The microbial content statement as expressed in the labeling is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms."

This statement shall appear on the label; and (3)The source is stated with a corresponding guarantee expressed in accordance with these rules.

e.When the commercial feed is an enzyme product and:

(1)The product meets the particular enzyme definition defined by the association of American feed control officials; and (2)The enzyme is stated with a corresponding guaranteed expressed in accordance with these rules.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-06

Chapter 7-16-11 Adulterants

N.D. Admin. Code 7-16-11-01 Adulterants

1.For the purpose of subsection 1 of North Dakota Century Code section 4.1-41-11, the terms "poisonous or harmful substance" include:

a.Fluorine and any mineral or mineral mixture that is to be used directly for the feeding of domestic animals and in which the fluorine exceeds:

(1)Two tenths of one percent for breeding and dairy cattle;

(2)Three tenths of one percent for slaughter cattle;

(3)Three tenths of one percent for sheep;

(4)Thirty-five hundredths of one percent for lambs;

(5)Forty-five hundredths of one percent for swine; and (6)Six tenths of one percent for poultry.

b.Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration exclusive of roughage above the following amounts:

(1)Four thousandths of one percent for breeding and dairy cattle;

(2)Nine thousandths of one percent for slaughter cattle;

(3)Six thousandths of one percent for sheep;

(4)One hundredth of one percent for lambs;

(5)Fifteen thousandths of one percent for swine; and (6)Three hundredths of one percent for poultry.

c.Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep, or goats consuming roughage with or without limited amounts of grain that results in a daily fluorine intake in excess of fifty milligrams of fluorine per one hundred pounds [45.36 kilograms] of body weight.

d.Soybean meal, flakes, or pellets, or other vegetable meals, flakes, or pellets that have been extracted with trichlorethylene or other chlorinated solvents.

e.Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients that are considered or reported to be a significant source of vitamin B1.

2.All screenings or byproducts of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains not more than four and one-half viable restricted seeds per pound.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-11

Article 7-17 Pet Food and Specialty Pet Food

Chapter 7-17-01 Definitions

N.D. Admin. Code 7-17-01-01 Definitions

As used in this article, unless the context requires otherwise, means:

1."AAFCO" means the association of American feed control officials.

2."All life stages" means gestation/lactation, growth, and adult maintenance life stages for dogs, cats, and other mammals (including breeding animals) or adult and juvenile life stages for nonmammalian species.

3."Daily food" means a specialty pet food product, other than a treat, food mixer or food supplement, for specialty pet species with no recognized nutritional authority.

4."Familiar household unit" means a typical feeding unit in volume or count (e.g., can, measuring cup, treat, or piece).

5."Family" means a group of products, which are nutritionally adequate for any or all life stages based on their nutritional similarity to a lead product, which has been successfully test-fed according to an association of American feed control officials feeding protocol.

6."Food mixer" means a pet or specialty pet food product that is intended to top, accompany, or contribute to a complete diet but is generally not intended to be a complete diet.

7."Food supplement" means a pet or specialty pet food product that is intended to supply specific nutrients or other food components but is not a complete diet.

8."Immediate container" means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

9."Ingredient statement" means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

10."Pet nutrition facts" means a graphic box located on the label containing nutritional information for a pet food product.

11."Principal display panel" means the part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

12."Specialty pet nutrition facts" means a graphic box located on the label containing nutritional information for a specialty pet food product.

13."Veterinary diet" means a pet or specialty pet food product that is intended to be used under veterinary supervision only.

History

• History: Effective July 1, 2020; amended effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-02 Label Format and Labeling

N.D. Admin. Code 7-17-02-01 Label format and labeling

1.Pet food and specialty pet food must be labeled with the following information:

a.Product name and brand name, if any, on the principal display panel;

b.A statement specifying the intended use of the product as specified in chapter 7-17-12;

c.Quantity statement as defined in (section reference of the rules), by weight (pounds and ounces, and metric), liquid measure (quarts, pints, and fluid ounces, and metric) or by count, on the principal display panel;

d.Pet nutrition facts or specialty pet nutrition facts as specified in chapter 7-17-13;

e.Ingredient statement as specified in chapter 7-17-05;

f.Feeding directions if required as specified in chapter 7-17-08; and

g.Name and address of the manufacturer or distributor as specified in chapter 7-17-11.

2.When a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information must appear on the outer container or wrapper.

3.A vignette, graphic, or pictorial representation on a pet food or specialty pet food label may not misrepresent the contents of the package.

4.The use of the word "proven" in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence.

5.No statement may appear upon the label or labeling of a pet food or specialty pet food which makes false or misleading comparisons between that product and any other product.

6.A personal or commercial endorsement is permitted on a pet food or specialty pet food label provided the endorsement is not false or misleading.

7.A statement on a pet food or specialty pet food label stating "improved", "new", or similar designation must be substantiated and limited to six months production.

8.A statement on a pet food or specialty pet food label stating preference or comparative attribute claims must be substantiated and limited to one year production, after which the claim must be removed or resubstantiated.

History

• History: Effective July 1, 2020; amended effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-03 Brand and Product Names

N.D. Admin. Code 7-17-03-01 Brand and product names

1.The names of the ingredients used in the brand or product name or elsewhere on the product label shall appear in order of predominance by weight in the product. Names of flavors due to their varying intensity can be in any order.

2.The words "one hundred percent" or "all", or words of similar designation may not be used in the brand or product name of a pet food or specialty pet food if the product contains more than one ingredient, not including decharacterizing agents, or trace amounts of preservatives and condiments.

3.An ingredient or combination of ingredients may form part of a product name of a pet food or specialty pet food when:

a.The ingredient constitutes at least ninety-five percent of the total weight of the product.

Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients must constitute at least seventy percent of the total product weight.

b.When any ingredient constitutes at least twenty-five percent of the weight of the product, provided:

(1)Water sufficient for processing may be excluded when calculating the percentage.

However, the ingredient must constitute at least ten percent of the total product weight;

(2)A descriptor is used with the ingredient name. This descriptor must imply other ingredients are included in the product formula; and (3)The descriptor must be in the same size, style, and color print as the ingredient name.

c.When a combination of ingredients that are included in the product name in accordance with this section meets all of the following:

(1)Each ingredient constitutes at least three percent of the product weight, excluding water sufficient for processing; and (2)All such ingredient names appear on the label in the same size, style, and color print.

d.When the name of any ingredient appears in the product name of a pet food, specialty pet food, or elsewhere on the product label and includes a descriptor such as "with" or similar designation, the named ingredient must constitute at least three percent of the product weight exclusive of water sufficient for processing. If the names of more than one ingredient are shown, they must appear in their respective order of predominance by weight in the product. The three percent minimum level may not apply to claims for nutrients, such as vitamins, minerals, and fatty acids, as well as condiments. The word "with" or similar designation, and named ingredients must be in the same size, style, color, and case print, and be of no greater size than:

Panel SizeMax "With Claim" Type Size ≤5 inches ⅛ inch >5 to ≤25 inches ¼ inch >25 to ≤100 inches ⅜ inch >100 to ≤400 inches ½ inch >400 inches 1 inch

e.A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food when the flavor designation meets all of the following:

(1)The flavor designation:

(a)Conforms to the name of the ingredient as listed in the ingredient statement; or (b)Is identified by the source of the flavor in the ingredient statement; and (2)The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and (3)Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

f.Contractions or coined names referring to ingredients may not be used in the brand name of a pet food or specialty pet food unless it is in compliance with this rule.

g.Unless a pet food and specialty pet food is identified on the principal display panel as a stew, gravy, sauce, broth, aspic, juice, milk replacer, or other such name, the maximum moisture declared on a pet food or specialty pet food label shall not exceed seventy-eight percent or the natural moisture content of the ingredients, whichever is higher.

History

• History: Effective July 1, 2020; amended effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-04 Expression of Guarantees [Repealed]

N.D. Admin. Code 7-17-04 Expression of Guarantees [Repealed]

CHAPTER 7-17-04

EXPRESSION OF GUARANTEES [Repealed effective July 1, 2024]

Chapter 7-17-05 Ingredients

N.D. Admin. Code 7-17-05-01 Ingredients

1.Each ingredient of a pet food or specialty pet food must be listed in the ingredient statement as follows:

a.The names of all ingredients in the ingredient statement must be shown in letters or type of the same size, style, and color, except if the defined name of the ingredient includes genus and species (e.g., microorganisms) which may be shown in italics;

b.The ingredients must be listed in descending order by their predominance by weight in nonquantitative terms except if the ingredient is a vitamin or mineral premix, the premix may be declared in order of predominance by the name "vitamins" or "minerals," as appropriate, followed by a parenthetical listing of all the vitamins or minerals in the premix, each in order of predominance by weight as listed on the ingredient statement of the premix label;

c.Ingredients must be listed and identified by the name established by AAFCO;

d.An ingredient for which no name and definition have been established must be identified by the common or usual name of the ingredient;

e.An ingredient suitable for use in pet food or specialty pet food for which there is a codified standard of identity in title 9 or 21, Code of Federal Regulations shall be declared in accordance with the applicable regulation, which includes the name of the standardized food followed by a parenthetical listing of its ingredients, if necessary, as provided in the regulation;

f.The ingredients "meat," "poultry," "poultry byproducts," or "meat byproducts" must be qualified to designate the animal from which the ingredients are derived unless the meat or meat byproducts are derived from cattle, swine, sheep, goats, or any combination thereof or the poultry or poultry meal are derived from chickens, turkeys, ducks, geese, guineas, ratites, or squabs, or any combination thereof. For example, ingredients derived from deer shall be listed as "venison" or "venison byproducts";

g.For ingredients consisting of fish, "fish meal," or "fish byproducts," the name of the ingredient may include "fish" without further specification of the type of the fish or if it bears a name descriptive of its kind (e.g., "ocean whitefish" or by using the acceptable market name or common name, but not any vernacular or slang names, of the individual fish species in the ingredient as established by the FDA Seafood List), it must correspond thereto; and

h.For purposes of ingredient labeling of pet food or specialty pet food, the ingredient "sugar" must refer to sucrose, which is obtained from sugar cane or sugar beets in accordance with the provisions in title 21, Code of Federal Regulations. For all other labeling purposes outside the ingredient list, the term "sugar" is synonymous with "sugars" as defined in the official feed terms.

2.Brand or trade names may not be used in the ingredient statement.

3.Reference to quality or grade of an ingredient may not appear in the ingredient statement.

4.The term "organic", if properly used as specified by the United States department of agriculture national organic program (title 7, Code of Federal Regulations, part 205), is allowed.

5.A reference to the nature, form, or other attribute of an ingredient must be allowed in the ingredient statement when that attribute imparts a distinctive characteristic to the pet food or specialty pet food.

6.Any reference to the percentage of an ingredient or combination of ingredients, by symbol or word, in the brand or product name or elsewhere on a pet food or specialty pet food label, must be based in relation to the total weight of all ingredients in the product.

a.The names of the ingredients must appear in order of predominance by weight in the product, provided that names of flavors due to their varying intensity may be in any order.

b.If water sufficient for processing is excluded from the declared percentage, the exclusion of water must be indicated in words juxtaposed to, the same style and color print, and at least one-half the print size of the stated percentage (e.g., "95% beef exclusive of water" or "95 percent chicken and liver exclusive of water").

History

• History: Effective July 1, 2020; amended effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-06 Drugs and Pet Food Additives

N.D. Admin. Code 7-17-06-01 Drugs and pet food additives

1.An artificial color may be used in a pet food or specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States food and drug regulations as safe for use, together with the conditions, limitations, and tolerances, if any, must be deemed to be satisfactory evidence that the color is, when used according to regulations, harmless to pets or specialty pets.

2.Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food that contains additives or drugs, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may be established:

a.When the pet food or specialty pet food contains such additives being used in compliance with the requirements of the applicable regulation under title 21, Code of Federal Regulations;

b.Which are "prior sanctioned", "informal review sanctioned", or "generally recognized as safe" for such use; or

c.When the pet food or specialty pet food itself is a drug or contains a drug as defined in subsection 7 of North Dakota Century Code section 4.1-41-01 and is "generally recognized as safe and effective" for the labeled use or is marketed subject to an application approved by the United States food and drug administration under title 21, United States code 360(b).

3.When a drug is included in a pet food or specialty pet food, the format required by subsection 1 of chapter 7-16-03 for labeling medicated feeds must be used.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-07 Nutritional Adequacy Feeding [Repealed]

N.D. Admin. Code 7-17-07 Nutritional Adequacy Feeding [Repealed]

CHAPTER 7-17-07

NUTRITIONAL ADEQUACY FEEDING [Repealed effective July 1, 2024]

Chapter 7-17-08 Directives Statements

N.D. Admin. Code 7-17-08-01 Feeding directions

1.Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in these rules, must list feeding directions on the product label. These directions must be consistent with the intended use indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere.

These directions must be expressed in common terms and must appear prominently on the label. Feeding directions, at a minimum, must state, "Feed (unit of product) per (weight) of dog or cat." The frequency of feeding also must be specified.

2.When a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement "Use only as directed by your veterinarian." may be used in lieu of feeding directions.

3.Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in these rules, must list feeding directions on the product label. These feeding directions must be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the association of American feed control officials recognized nutritional authority. These directions must be expressed in common terms and must appear prominently on the label. The frequency of feeding also must be specified.

History

• History: Effective July 1, 2020.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-09 Calorie Content Descriptive [Repealed]

N.D. Admin. Code 7-17-09 Calorie Content Descriptive [Repealed]

CHAPTER 7-17-09

CALORIE CONTENT DESCRIPTIVE [Repealed effective July 1, 2024]

Chapter 7-17-10 Terms Manufacturer

N.D. Admin. Code 7-17-10-01 Descriptive terms

1.Calorie terms:

a."Light":

(1)A dog food product that bears on its label the terms "light", "lite", "low calorie", or words of similar designation must:

(a)Contain no more than three thousand one hundred kcal ME/kg for products containing less than twenty percent moisture, no more than two thousand five hundred kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than nine hundred kcal ME/kg for products containing sixty-five percent or more moisture; and (b)Include on the label feeding directions that reflect a reduction in calorie intake consistent with the intended use.

(2)A cat food product that bears on its label the terms "light", "lite", "low calorie", or words of similar designation must:

(a)Contain no more than three thousand two hundred fifty kcal ME/kg for products containing less than twenty percent moisture, no more than two thousand six hundred fifty kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than nine hundred fifty kcal ME/kg for products containing sixty-five percent or more moisture; and (b)Include on the label feeding directions that reflect a reduction in calorie intake consistent with the intended use.

b."Less" or "reduced calories":

(1)A dog or cat food product that bears on its label a claim of "less calories", "reduced calories", or words of similar designation, must include on the label:

(a)The name of the product of comparison and the percentage of calorie reduction expressed on an equal weight basis explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

(b)The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and (c)Feeding directions that reflect a reduction in calories compared to feeding directions for the product of comparison.

(2)A comparison between products in different categories of moisture content is misleading.

2.Fat terms:

a."Lean":

(1)A dog food product that bears on its label the terms "lean", "low fat", or words of similar designation shall:

(a)Contain no more than nine percent fat for products containing less than twenty percent moisture, no more than seven percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than four percent fat for products containing sixty-five percent or more moisture;

(b)Include on the product label in the nutrient guarantees: [1]A maximum fat guarantee immediately following the minimum fat guarantee in addition to the mandatory guarantee specified in 7-17-13-01; and [2]A maximum fat guarantee that is no more than nine percent fat for products containing less than twenty percent moisture, no more than seven percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than four percent fat for products containing sixty-five percent or more moisture.

(2)A cat food product that bears on its label the terms "lean", "low fat", or words of similar designation must:

(a)Contain a maximum percentage of fat which is no more than ten percent fat for products containing less than twenty percent moisture, no more than eight percent fat for products containing twenty percent or more but less than sixtyfive percent moisture, and no more than five percent fat for products containing sixty-five percent or more moisture; and (b)Include on the product label in the nutrient guarantees: [1]A maximum fat guarantee immediately following the minimum fat guarantee in addition to the mandatory guarantee specified in 7-17-13-01; and [2]A maximum percentage of fat that is no more than ten percent fat for products containing less than twenty percent moisture, no more than eight percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than five percent fat for products containing sixty-five percent or more moisture.

b."Less" or "reduced fat":

(1)A dog or cat food product that bears on its label a claim of "less fat", "reduced fat", or words of similar designation, must include on the label:

(a)The name of the product of comparison and the percentage of fat reduction expressed on an equal weight basis explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

(b)The comparative statement printed in type of the same color and style and least one-half the type size used in the claim; and (c)A maximum fat guarantee immediately following the minimum fat guarantee in addition to the mandatory information as specified in 7-17-13-01.

(2)A comparison on the label between products in different categories of moisture content is misleading.

3.Carbohydrate terms:

a."Low" carbohydrate, dietary starch, and sugars claims. A claim of "low carbohydrates", "low dietary starch", "low sugars" alone or in combination is not allowed.

b."Less" or "reduced" carbohydrates, dietary starch, and sugars claims.

(1)A dog or cat food product that makes such statements on the label must include on that label:

(a)The name of the product of comparison and the percentage of reduction in total dietary starch plus sugars expressed on an equal weight basis explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears; and (b)The comparative statement printed in type of the same color and style but not less than one-half the size used in the claim; and (c)Maximum guarantees for dietary starch and sugars as stated in 7-17-13-01.

(2)A comparison between products in different categories of moisture content is misleading.

History

• History: Effective July 1, 2020; amended effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-11 Distributor

N.D. Admin. Code 7-17-11-01 Manufacturer or distributor; name and address

1.The label of a pet food or specialty pet food must specify the name and address of the manufacturer or distributor. The statement of the place of business must include the street address, city, state, and zip code. The street address may be omitted if the street address is shown in a readily accessible, widely published, and publicly available resource.

2.When a person manufactures, packs, or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food or specialty pet food was manufactured or packaged or from where each package is to be distributed.

History

• History: Effective July 1, 2020; amended effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05

Chapter 7-17-12 Intended Use Statement and Nutritional Adequacy Claims

N.D. Admin. Code 7-17-12-01 Intended use statement and nutritional adequacy claims

1.A statement identifying the intended use of a pet food or specialty pet food is required on the principal display panel of the label in accordance with the following:

a.The intended use of a pet food or specialty pet food must be stated as:

(1)"Complete food" for food products intended to be the complete diet for all life stages and sizes of a pet or specialty pet. The statement also must include the intended species (e.g., complete dog food);

(2)For food products intended to be the complete diet for a limited life stage or size of a pet or specialty pet, one of the two following statements must be used, "complete food for" or "complete food". The statement also must include the intended species and life stage, when applicable (e.g., complete adult dog food, complete food for kittens);

(3)"Veterinary diet" for food products intended to be used under veterinary supervision only. The statement also must include the intended species (e.g., veterinary diet for dogs);

(4)"Treat" for food products for pets or specialty pets, provided occasionally for enjoyment, training, entertainment, or other purposes, and generally not intended or represented to be a complete food or nutritional supplement. The statement also must include the intended species (e.g., cat treats);

(5)"Food supplement" for food products for pets or specialty pets that are intended to supply specific nutrients or other food components but are not a complete diet. The statement also must include the intended species (e.g., dog food supplement);

(6)"Food mixer" for food products for pets or specialty pets that are intended to top, accompany, or contribute to a complete diet but generally are not intended or represented to be a complete diet; or (7)"Daily food" for food products that are intended to be the daily diet for specialty pets if no recognized nutritional authority exists. A limited life stage may be indicated.

The statement also must include the intended species (e.g., daily bearded dragon food).

b.This intended use statement must:

(1)Appear on the label principal display panel and must be repeated on the alternate principal display panel, if present;

(2)Be at least as large as the statement of net quantity, consistent with 16 CFR 500.21;

(3)Appear in the same color and style as the statement of net quantity and on the same background color as the statement of net quantity; and (4)Be separated by at least a space equal to the height of the letter "N" used in the statement of net quantity from other printed label information on all sides.

2.The label of a pet food or specialty pet food which is intended for all life stages and sizes of the pet or specialty pet may make unqualified claims, directly or indirectly, such as "complete and balanced", "perfect", "scientific", or "100% nutritious" if at least one of the following apply:

a.The product meets the nutrient requirements for all life stages and sizes established by an AAFCO-recognized nutrient profile.

b.The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol. Unqualified claims of nutritional adequacy that include large size dogs (greater than 70 pounds [31.75 kilograms] as an adult) can be substantiated by completing the appropriate protocols using large size dogs or can be substantiated by completing the appropriate protocols using dogs less than 70 pounds [31.75 kilograms] adult weight while containing no more calcium and phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles.

c.The product is a member of a product family that is nutritionally similar to a lead product that contains a combination of ingredients that have been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, if:

(1)The nutritional similarity of the family product may be substantiated according to the procedures for establishing pet food product families developed by AAFCO;

(2)The family product meets the criteria for all life stages; and (3)Under circumstances of reasonable doubt, the manufacturer performs additional testing of the family product in order to substantiate the claim of nutritional adequacy, as required by the commissioner.

3.The label of a pet food or specialty pet food that is intended for a limited purpose (such as size of dog) or a specific life stage, but not for all life stages and sizes, may make qualified claims, directly or indirectly, such as "complete and balanced", "perfect", "scientific", or "100% nutritious" if the product and claim meet both of the following:

a.The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable (e.g., "complete and balanced for puppies").

The claim and the required qualification must be juxtaposed on the same label panel and in the same size, style, and color print; and

b.The product meets at least one of the following:

(1)The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile.

(2)The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol. Qualified claims of nutritional adequacy that include large size dogs can be substantiated by completing the appropriate protocols using large size dogs or can be substantiated by completing the appropriate protocols using dogs less than 70 pounds [31.75 kilograms] adult weight while containing no more calcium and phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles.

(3)The requirements of a product family that is nutritionally similar to a lead product which contains a combination of ingredients which, if fed for such limited purpose, satisfies the nutrient requirements for the limited purpose as demonstrated by adequate testing, and provided that:

(a)The nutritional similarity of the family product may be substantiated according to the procedures for establishing pet food product families developed by AAFCO;

(b)The family product meets the criteria for such limited purpose; and (c)Under circumstances of reasonable doubt, the manufacturer performs additional testing for the family product to substantiate the claim of nutritional adequacy, as required by the commissioner.

4.A product intended for use by, or under the supervision or direction of, a veterinarian clearly must indicate the nutritional adequacy of the product in accordance with paragraph 6 of subdivision c of subsection 1 of section 7-17-13-01 or paragraph 6 of subdivision b of subsection 2 of section 7-17-13-01 as required for any other pet food or specialty pet food.

5.A signed affidavit attesting that the product meets the requirements of subsection 2 or subdivision b of subsection 3 must be submitted to the commissioner upon request.

6.If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO-recognized nutritional authority for the life stage of the intended species, the claimed nutritional adequacy of the product must be scientifically substantiated.

7.The following AAFCO-recognized nutritional authority, nutrient profile, or animal feeding protocol is acceptable as the basis for a claim of nutritional adequacy:

a.As an AAFCO-recognized nutrient profile or nutritional authority:

(1)For dogs, the AAFCO Dog Food Nutrient Profiles;

(2)For cats, the AAFCO Cat Food Nutrient Profiles;

(3)For specialty pets, the nutrient recommendations approved by the committee on animal nutrition of the national research council of the national academy of sciences if the nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended.

b.As an AAFCO-recognized animal feeding protocol, the AAFCO Dog and Cat Food Feeding Protocols.

8.When the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, including a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels:

a.The product must meet the AAFCO-recognized nutrient profile;

b.The statement of comparison must be preceded by a statement that the product meets the AAFCO-recognized profile. However, the statement that the product meets the AAFCO-recognized nutrient profile is not required if the nutritional adequacy statement as per subdivision a of subsection 2 or paragraph 1 of subdivision b of subsection 3 appears elsewhere on the product label;

c.The statement of comparison of the nutrient content must constitute a guarantee and must be in the nutrient guarantees within the pet or specialty pet nutrition facts; and

d.The statement of comparison must appear on the label separate and apart from the nutrient guarantees within the pet or specialty pet nutrition facts.

History

• History: Effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05, 4.1-41-06, 4.1-41-07

Chapter 7-17-13 Pet and Specialty Pet Nutrition Facts

N.D. Admin. Code 7-17-13-01 Pet and specialty pet nutrition facts

1.Pet nutrition facts must be displayed in a prominent place on the label of all pet foods (including treats, food supplements, veterinary diets, and food mixers). Information must be set off in a box by use of hairlines and clearly be visible under the heading "pet nutrition facts" that is centered in the top row of the box. The box must contain the following required elements with all text the same size and style in the following order:

a.The stated whole familiar household unit (e.g., can, measuring cup, treat, or piece), consistent with the feeding directions, and its weight in grams.

b.A statement of calorie content, determined as specified in section 7-17-14-01, which must include:

(1)The calorie content per familiar household unit.

(2)Below the calorie content statement, the number of calories contributed by protein, fat, and carbohydrate must be declared, in that order, after "from:".

c.The nutrient guarantees under the headers "nutrients". Each nutrient value and total grams per familiar household unit must be listed as follows:

(1)A pet food label must list the following required guaranteed amounts:

(a)"Protein", which is minimum percentage of crude protein;

(b)"Fat", which is minimum percentage of crude fat;

(c)Maximum percentage of crude fat, if required;

(d)"Total carbohydrate ", which is maximum percentage equal to [100 - (crude protein + crude fat + moisture + ash)];

(e)"Dietary fiber", which is maximum percentage of total dietary fiber. The dietary fiber guarantee must be indented to reflect that it is a component of the total carbohydrate guarantee;

(f)"Moisture", which is maximum percentage of moisture; and (g)Additional required or voluntary guarantees, which must follow moisture or ash, if listed.

(2)If "ash" is listed, it must be guaranteed as a maximum percentage and immediately must follow moisture.

(3)If listed on the label of a dog or cat food product, guarantees for "dietary starch" and "sugars" must be stated as maximum guaranteed amounts. Neither guaranteed amount may be listed without the other. The guaranteed amount for dietary starch must follow dietary fiber. The guaranteed amount for sugars must follow dietary starch with the same indentation.

(4)The " calculated value" must appear immediately after the last guarantee.

(5)Other additional required or voluntary guarantees must appear as follows:

(a)Guarantees for nutrients must be in the same order and units of the nutrients in the AAFCO Dog (or Cat) Food Nutrient Profiles following ash, if listed, or moisture, if ash is not listed.

(b)Guarantees for substances not listed in the AAFCO Dog (or Cat) Food Nutrient Profiles, or not otherwise provided for in these regulations, must immediately follow the listing of the recognized nutrients and be accompanied by an asterisk.

The disclaimer "*not recognized as an essential nutrient by the AAFCO Dog [or Cat] Food Nutrient Profiles" must appear immediately after " calculated value".

(6)The statement of nutritional adequacy must follow the guarantees as follows:

(a)A statement that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. It must be stated verbatim as one of the following: [1]"(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for". This statement must also include the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance, or the words "all life stages".

For a dog food, when the words "growth" or "all life stages," one of the following phrases must also be added verbatim to the end of the claim:

"including growth of large size dogs (70 lb. or more as an adult)", or "except for growth of large size dogs (70 lb. or more as an adult)"; or [2]"Animal feeding tests using AAFCO procedures substantiate that (name of product) provides complete and balanced nutrition for". This statement must include the stage or stages of the pet's life tested, such as gestation/lactation, growth, maintenance, or the words "all life stages"; or [3]"(Name of product) provides complete and balanced nutrition for". The statement must also include the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance, or the words "all life stages" and end with "comparable in nutritional adequacy to a product that has been substantiated using AAFCO feeding tests".

(b)A nutritional or dietary statement for purposes other than those listed in subsection 2 or 3 of section 7-17-12-01 if the statement is scientifically substantiated; or (c)The statement: "This product is intended for intermittent or supplemental feeding only", if a product does not meet the requirements of subsection 2 or 3 of section 7-17-12-01 or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

2.Specialty pet nutrition facts must be displayed in a prominent place on the label of all specialty pet foods (including treats, food supplements, veterinary diets, and food mixers), information shall be set off in a box by use of hairlines and be clearly visible under the heading "specialty pet nutrition facts" that is centered in the top row of the box. The box must contain the following required elements with all text the same size and style in the following order:

a.The stated whole familiar household unit (e.g., can, measuring cup, treat, or piece), consistent with the feeding directions, and its weight in grams.

b.The nutrient guarantees under the headers "nutrients". Each nutrient value and total grams per familiar household unit must be listed as follows:

(1)A specialty pet food label must list the following required guaranteed amounts:

(a)"Protein", which is minimum percentage of crude protein;

(b)"Fat", which is minimum percentage of crude fat;

(c)"Total carbohydrate ", which is maximum percentage equal to [100 - (crude protein + crude fat + moisture + ash)];

(d)"Dietary fiber", which is maximum percentage of total dietary fiber. The dietary fiber guarantee must be indented to reflect that it is a component of the total carbohydrate guarantee on the line above;

(e)"Moisture", which is maximum percentage of moisture; and (f)Additional required or voluntary guarantees that must follow moisture or ash, if listed.

(2)If "ash" is listed, it must be guaranteed as a maximum percentage and must immediately follow moisture.

(3)If listed on the label of a specialty pet food product, guarantees for "dietary starch" and "sugars" must be stated as maximum guaranteed amounts. Neither guaranteed amount may be listed without the other. The guaranteed amount for dietary starch must follow dietary fiber. The guaranteed amount for sugars must follow dietary starch with the same indentation.

(4)The " calculated value" must appear immediately after the last guarantee.

(5)Other additional required or voluntary guarantees must appear as follows:

(a)The guarantees must follow ash, if listed, or moisture, if ash is not listed;

(b)Guarantees for nutrients must be in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the intended animal species.

However, if no species-specific AAFCO-recognized nutrient profile is available, the order and units must follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile;

(c)For those specialty pet species with an AAFCO-recognized nutrient profile for the intended animal species, guarantees for substances not listed in that profile, or not otherwise provided for in these regulations, immediately must follow the listing of the recognized nutrients and be accompanied by an asterisk.

Guarantees must contain the disclaimer "*not recognized as an essential nutrient by". The statement also must include the specific AAFCOrecognized nutrient profile and must appear immediately after the guaranteed amounts. However, no disclaimer is required if no AAFCOrecognized nutrient profile is available for the specific species of specialty pet.

(6)The statement of nutritional adequacy must follow the guarantees as one of the following:

(a)For daily foods for specialty pet species for which no recognized nutritional

authority exists, the statement: "This product is intended to be a daily food."

(b)For all other specialty pet foods: [1]A statement substantiating that the specialty pet food meets the requirements for nutritional adequacy in subsection 2 or 3 of section 7-17-12-01 by an AAFCO-recognized nutritional authority. It must be stated verbatim as the following: "(Name of product) is formulated to meet the nutritional levels established by". It must also include the AAFCOrecognized authority for species and stage of specialty pets life; [2]A nutritional or dietary claim for purposes other than those listed in subsection 2 or 3 of section 7-17-12-01 if the claim is scientifically substantiated; or [3]The statement: "This product is intended for intermittent or supplemental feeding only", if a product is suitable only for limited or intermittent or supplementary feeding.

3.The pet nutrition facts or specialty pet nutrition facts box of a pet food or a specialty pet food formulated as and represented to be a food supplement must include the information required in subsection 1 or 2 except that guarantees must only be displayed on a per feeding unit (e.g., tablets, capsules, granules, or liquids) basis.

a.For a food supplement that is intended to be a source of nutrients, guarantees must appear for all nutrients that the product is intended to provide under the header "nutrients":

(1)For nutrients with an established requirement by an AAFCO-recognized nutrient profile, minimum guarantees must be declared in the same order and units (i.e., g, mg, or IU) specified in the AAFCO-recognized nutrient profile for the intended species.

(2)When no species-specific nutrient profile has been recognized by AAFCO, minimum guarantees must be declared in the same order and units (e.g., g, mg, or IU) specified in the AAFCO Cat Food Nutrient Profiles.

(3)Guarantees for substances not listed in an AAFCO-recognized nutrient profile for the intended animal species, or not otherwise provided for in these regulations, immediately must follow the listing of the recognized nutrients and be accompanied by an asterisk.

The guarantee must include the disclaimer "*not recognized as an essential nutrient by". The statement must also include the specific AAFCO-recognized nutrient profile and must appear immediately after the last such guaranteed amounts. No disclaimer is required if no AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

b.For a food supplement that is intended to supply microorganisms or enzymes, guarantees must be declared on a per feeding unit (e.g., tablets, capsules, granules, or liquids) basis. The enzyme activity unit meaning must follow the disclaimer within the box.

4.The sliding scale method of expressing a guaranteed amount on a pet food or specialty pet food label (e.g., "protein 15-18 percent min") is prohibited.

5.Protein, fat, calculated total carbohydrate, or dietary fiber are not required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

6.For small packages with a total printable area of more than twelve square inches [77.42 square centimeters] and less than or equal to forty square inches [258.06 square centimeters], all information required in subsection 1 of section 7-17-05-01 must be listed. This information does not have to be in a box and must appear in one place without other intervening material as follows:

a.The required information must appear in the same order as required by this chapter;

b.Text must be the same size and style, except the heading "pet nutrition facts" or "specialty pet nutrition facts" must be bolded;

c.The text must be sufficiently large so as to be conspicuous and must not be smaller than one-sixteenth of one inch [1.59 millimeters];

d.The guaranteed amount must appear immediately after the amount "per familiar household unit" for each nutrient with the guaranteed amount enclosed in parentheses and all units clearly identified; and

e.The following abbreviations may be used: total carbohydrate as "carb ", dietary fiber as "fiber".

7.For very small packages with a total printable area of less than or equal to twelve square inches [77.42 square centimeters], the following limited information must appear on the label in one place without other intervening material:

a.The same size and style text, except the heading "nutrition facts" shall be bolded;

b.Text sufficiently large so as to be conspicuous and not smaller than one-sixteenth of one inch [1.59 millimeters];

c.For pet foods, only total calories that must be stated as:

(1)"Cal (calc): [#]" when the calorie content is calculated; or (2)"Cal (fed): [#]" when the calorie content is determined by testing; and

d.Guaranteed amounts stated in weight per entire contents (e.g., grams per pouch). The following required guaranteed amounts stated as a maximum or minimum, as appropriate:

(1)"Protein", which is crude protein;

(2)"Fat", which is crude fat;

(3)"Carb",which is calculated from [100 - (% crude protein + % crude fat + % moisture + % ash)];

(4)"Fiber", which is total dietary fiber;

(5)"Moisture", which is moisture; and (6)Additional required or voluntary guarantees that must follow moisture or ash, if listed, and must comply with the requirements for such guarantees in subdivision c of subsection 1 or subdivision b of subsection 2, as appropriate, except they must be stated in weight per entire contents.

History

• History: Effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05, 4.1-41-06, 4.1-41-07

Chapter 7-17-14 Determination of Calorie Content for Dog and Cat Food

N.D. Admin. Code 7-17-14-01 Determination of calorie content for dog and cat food

1.The statement must be determined in terms of metabolizable energy (ME) on an "as fed" moisture basis by one of the following methods then converted to calories (kcal) per the familiar household unit (i.e., can, measuring cup, treat, or piece):

a.By calculation (indicated with a " † " in the pet nutrition facts) using the "modified Atwater" formula; or

b.In accordance with testing procedures determined by the AAFCO (indicated as "(fed)" in the pet nutrition facts).

2.An affidavit must be provided upon the request of the commissioner, substantiating that the calorie content was determined by:

a.Calculation in which case the summary data used in the calculation must be included in the affidavit; or

b.Testing in which case the summary data used in the determination of calorie content must accompany the affidavit.

3.The calories from protein, fat, and carbohydrate as required in the pet nutrition facts, then converted to calories (kcal) per the familiar household unit (i.e., can, measuring cup, treat, or piece).

4.Comparative claims must not be false, misleading, or given undue emphasis and must be based on the same methodology for the products compared.

History

• History: Effective July 1, 2024.
• General Authority: NDCC 4.1-41-20
• Law Implemented: NDCC 4.1-41-05, 4.1-41-06, 4.1-41-07

Article 7-18 Grain Warehouse and Grain Buyers

Chapter 7-18-01 General Provisions

N.D. Admin. Code 7-18-01-01 Outstanding storage at license termination

A warehouse licensee having outstanding storage at the termination of the license period, shall procure a license in the usual manner, even though the warehouse is closed, or will be closed.

History

• Law Implemented: NDCC 60-02-41

N.D. Admin. Code 7-18-01-02 Storage in another warehouse

All nontransit grain owned or held by a warehouse licensee under North Dakota Century Code

chapter 60-02 must be held in a licensed and bonded warehouse, either within or outside the state. If grain is held in space that is not licensed capacity by the licensee under North Dakota Century Code

chapter 60-02, a warehouse document issued for that grain must identify the originating warehouse as the receiptholder. If grain held subject to a warehouse receipt is stored in a warehouse that is not licensed under North Dakota Century Code chapter 60-02, the originating warehouse shall increase its bond to provide protection for that grain as well as its own licensed warehouse space.

Daily position records must include inventories held under nonnegotiable warehouse receipts issued by another licensed warehouse.

History

• Law Implemented: NDDC 60-02-07.1

N.D. Admin. Code 7-18-01-03 Change in capacity

A warehouse licensee may not change its physical capacity without prior commissioner approval. A request to change capacity must be on a form provided by the commissioner with capacity being added or deleted. Deleted capacity must be physically disconnected from other licensed capacity. Added capacity must be properly bonded. Additions not previously licensed must be accompanied by a diagram showing the location and capacity of the space involved.

History

• Law Implemented: NDCC 60-02-09

N.D. Admin. Code 7-18-01-04 Assumption of liability for transfer of grain

A warehouse licensee that intends to acquire a facility operated by another licensee and to assume responsibility for grain obligations of the former licensee shall notify the commissioner of the assumption of the liability. The notice must be submitted on a form provided by the commissioner.

History

• General Authority: NDCC 60-02-03, 60-02.1-03
• Law Implemented: NDDC 60-02-40, 60-02.1-36

N.D. Admin. Code 7-18-01-05 Delivery policy

A licensed warehouse during July of each year, shall publish and post in a conspicuous place in each warehouse, the warehouse's policy for delivery of grain to a warehouse receiptholder. The policy must remain in effect at least through the following June and must outline how the warehouseman will charge or compensate the receiptholder for differences in quantity, kind, quality, and grade which exist between the grain described in the scale ticket and the grain that is actually delivered back to the receiptholder. A copy of the warehouse's policy for delivery must be provided to the commissioner as

part of its annual warehouse license application. A copy of the policy also must be attached to each warehouse receipt issued to an owner of grain.

History

• Law Implemented: NDCC 60-02-17, 60-02-22

Chapter 7-18-02 Licensing

N.D. Admin. Code 7-18-02-01 License application

An application for all licenses must be submitted online on the site provided by the commissioner.

Every business organization or sole proprietor using a trade name other than its given name must be registered and in good standing with the secretary of state. The application must be complete and must include:

1.The required license fees.

2.A surety bond, which is signed by principal and surety company with valid power of attorney.

3.A copy of any receipt or credit sale contract to be used by the licensee.

4.Certificate of continuous insurance in the required amount, if applicable.

History

• Law Implemented: NDDC 60-02-07, 60-02.1-07

N.D. Admin. Code 7-18-02-02 Financial requirements

1.All license types must meet the following requirements based on purchased grain amount:

a.Purchases less than one million: one hundred thousand dollars net worth.

b.Purchases more than one million less than ten million: two hundred fifty thousand dollars net worth.

c.Purchases more than ten million: five hundred thousand dollars net worth.

d.Working capital ratio of at least 1.0.

2.For any licensee unable to meet these requirements the commissioner may:

a.Deny a license;

b.Require additional capital or net worth before approving license; and

c.Require additional bonding to cover capital or net worth shortfall.

History

• Law Implemented: NDCC 60-02-06.2, 60-02.1-06.2

N.D. Admin. Code 7-18-02-03 License renewal

A license expires on July thirty-first of each year. A licensee shall submit a renewal application to the commissioner by July fifteenth online on the site provided by the commissioner. Every business organization or sole proprietor using a trade name must be in good standing with the secretary of state.

An application that is not received renewed by July thirty-first will result in the expiration of the license on August first. Operation with an expired license must be treated as operation without a license and must be handled pursuant to North Dakota Century Code sections 60-02-12 and 60-02.1-13.

History

• Law Implemented: NDCC 60-02-07, 60-02.1-07

N.D. Admin. Code 7-18-02-04 Business documents

All licensees promptly shall notify the commissioner of a change in ownership, name, corporate structure, or format of any receipt or credit sale contract.

History

• Law Implemented: NDCC 60-02-03, 60-02.1-03

N.D. Admin. Code 7-18-02-05 Physically disconnected lease space

Grain warehouses that have facilities that are physically disconnected from licensed facilities may be leased to other entities for nonpublic use. These leased facilities are not part of the license. The lessee is responsible for its own content insurance, if any. The licensee need not bond the space. In the case of licensee insolvency, the contents of the leased facility are not a trust fund asset and the lessee is not entitled to protection for grain held therein. If the leased facility is owned by the licensee, lease agreements must be on file at the warehouse.

History

• General Authority: NDCC 60-02-03
• Law Implemented: NDCC 60-02-09

N.D. Admin. Code 7-18-02-06 Universal nonpublic use

If an entire facility is owned under condominium arrangement or is leased to other entities for nonpublic use, the facility is not a public warehouse and license is not required.

History

• General Authority: NDCC 60-02-03
• Law Implemented: NDCC 60-02-44

Chapter 7-18-03 Bonding

N.D. Admin. Code 7-18-03-01 Grain warehouse bonds

A licensee's minimum bond is two and one-half percent of the licensee's total grain purchases in the state, based on a three-year rolling average during which the license has been active. A licensee shall report the value of purchases at renewal. A licensee's required minimum bond may not be less than one hundred thousand dollars.

1.A grain warehouse bond may not exceed two million five hundred thousand dollars.

2.The bond for any new applicant will be set based on projected purchases for the current license year.

3.The bond will continue to be based on total annual purchases until a three-year average is reached.

History

• General Authority: NDCC 60-02-03
• Law Implemented: NDCC 60-02-02, 60-02-07, 60-02-09

N.D. Admin. Code 7-18-03-02 Processor bonds

A licensee's minimum bond is five percent of the licensee's total grain purchases in the state, based on a three-year rolling average during which the license has been active. A licensee will report the value of purchases at renewal. A licensee's required minimum bond may not be less than one hundred thousand dollars.

1.A processor bond may not exceed two million five hundred thousand dollars.

2.For new applicants, the bond will be set based on projected purchases for the current license year.

3.The bond will continue to be based on total annual purchases until a three-year average is reached.

N.D. Admin. Code 7-18-03-03 Grain buyer bonds

A licensee's minimum bond is eight percent of the licensee's total grain purchases in the state, based on annual purchases as reported monthly to the commissioner. A licensee's required minimum bond may not be less than one hundred thousand dollars:

1.A roving grain buyer bond may not exceed two million five hundred thousand dollars.

2.For new applicants, the bond will be set based on projected purchases for the current license year.

N.D. Admin. Code 7-18-03-04 Broker bonds

A licensee's minimum bond is one hundred thousand dollars. A broker bond may not exceed two million five hundred thousand dollars.

Article 7-19 Environmental Impact Mitigation Program

Chapter 7-19-01 General Provisions

N.D. Admin. Code 7-19-01-01 Definitions

For purposes of this chapter:

1."Applicant" means a person that has filed on or after March 31, 2024, or is planning to file, an application for a proposed site, corridor, or route, pursuant to North Dakota Century Code

chapter 49-22.

2."Electric energy conversion facility" means the term as it is defined by North Dakota Century Code section 49-22-03.

3."Electric transmission facility" means the term as it is defined by North Dakota Century Code

section 49-22-03.

4."Mitigation" means avoiding or minimizing adverse environmental impact or performing an action or activity to offset or otherwise compensate for adverse environmental impact by:

a.Planning and executing a mitigation plan; or

b.Payment to the agriculture commissioner for deposit into the environmental impact mitigation fund for expenditure in accordance with North Dakota Century Code section 4.1-01-21.1.

5."Mitigation plan" means a plan of mitigation measures including creating or restoring similar habitat or offsetting or otherwise compensating for habitat adversely affected by the construction facility or electric operation of an electric energy conversion or transmission facility.

6."Offset" means to counterbalance residual adverse environmental impact, generally conducted after reasonable efforts have been undertaken to avoid and minimize impact or if avoidance or minimization of impact is not feasible.

7."Similar habitat" means a physical environment that has the same or about the same corresponding resources, vegetation, and biotic factors serving multiple species that are exhibited in the physical environment within the vicinity of or generally surrounding the construction or operation of an electric energy conversion facility or electric transmission facility. These separate physical environments comprising similar habitat may resemble or somewhat differ from each other in general appearance, features, or other terrain characteristics.

History

• Law Implemented: NDCC 4.1-01-21.1(4), 49-22-03

N.D. Admin. Code 7-19-01-02 Implementation and administration

1.The agriculture commissioner is responsible for the implementation and administration of an environmental impact mitigation program and the environmental impact mitigation fund.

2.The environmental impact mitigation fund is a continuing appropriation contained within the state treasury. This fund consists of all moneys deposited in the fund by legislative appropriation or under North Dakota Century Code section 49-22-09.2 and all interest or investment earnings upon moneys in the fund.

N.D. Admin. Code 7-19-01-03 Mitigation plan and payment

1.Before an application is filed to construct or operate an electric energy conversion facility or electric transmission facility, or very early in the application process, an applicant may notify and coordinate with the agriculture commissioner about identified adverse environmental impacts from the construction or operation of the facility. A notification may:

a.Propose to the agriculture commissioner a mitigation plan to create or restore similar habitat or to offset or otherwise compensate for identified adverse environmental impacts; or

b.Request the agriculture commissioner to develop a mitigation plan, including a cost estimate, to create or restore similar habitat or to offset or otherwise compensate for identified adverse environmental impacts.

2.Prior to the public service commission issuing the applicant a permit or certificate, the agriculture commissioner shall notify the public service commission, for its consideration, of the mitigation plan and mitigation efforts or of any payment to the agriculture commissioner for deposit into the environmental impact mitigation fund for expenditure in accordance with North Dakota Century Code section 4.1-01-21.1.

3.As part of the permit or certificate process of a wind electric energy conversion facility, the applicant may not make an offset payment to any person, other than the agriculture commissioner, to create or restore similar habitat or to offset or otherwise compensate for the adverse environmental impact resulting from the construction or operation of the facility.

N.D. Admin. Code 7-19-01-04 Agriculture commissioner notification and legislative management

The agriculture commissioner shall provide a biennial report regarding the environmental impact mitigation fund to the legislative management no later than December thirty-first of every evennumbered year.

History

• History: Effective July 1, 2024.

Article 7-20 Hemp Products

Chapter 7-20-01 General Provisions

N.D. Admin. Code 7-20-01-01 Definitions

All terms have the same meaning as in North Dakota Century Code title 4.1 unless otherwise specified:

1."Attractive to children" means manufactured in the shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing product that is familiar to the public as a widely distributed or branded food product such that a product could be mistaken for the branded product, especially by children.

2."Cannabinoid hemp" means any allowable hemp product that is:

a.Produced from hemp flower that does not have generally recognized as safe (GRAS) status as defined by 21 CFR 170.30(c) and 170.3(f);

b.Has a level of total tetrahydrocannabinol that does not exceed 5 milligrams per serving; and

c.Has a total CBD: total tetrahydrocannabinol ratio greater than 15:1, if CBD is not the primary advertised cannabinoid, the sum of cannabinoids excluding tetrahydrocannabinol must have a ratio of 15:1 tetrahydrocannabinol or higher.

3."Child-resistant" means packaging that is:

a.Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 CFR 1700.15 (1995) and 16 CFR 1700.20 (1995);

b.Resealable to maintain its child-resistant effectiveness for multiple openings for any product intended for more than a single use or containing multiple servings.

4."COA" means certificate of analysis.

5."Container" means a sealed, hard- or soft-bodied receptacle in which usable cannabinoid hemp is placed.

6."Quick response code" or "QR code" means a two-dimensional bar code that encodes alphanumeric information such as a website address.

History

• General Authority: NDCC 4.1-18.1-01
• Law Implemented: NDCC 4.1-18.1-01, 4.1-18.1-07.1

N.D. Admin. Code 7-20-01-02 Labeling

Label information as required in North Dakota Century Code chapter 4.1-18.1 must be placed as follows:

1.Product labels must contain:

a.A list of all ingredients;

b.Any major allergens contained in the an edible cannabinoid hemp product in accordance with 21 U.S.C. 321(qq) (April 23, 2021), including milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans.

c.A recommended serving suggestion that is easily identifiable and reasonable for the product size.

d.A statement of net contents identifying the net weight or volume, expressed as follows:

(1)If a solid, in both ounces and grams or milligrams; or (2)If a liquid or colloid, in both fluid ounces and milliliters.

e.For any edible cannabinoid hemp product, except tinctures, oils, raw hemp, and capsules:

(1)The amount of advertised cannabinoids and the maximum total tetrahydrocannabinol expressed milligrams that may be in each serving and the number of servings per container; and (2)A nutritional fact panel in accordance with 21 CFR part 101.9 (August 29, 2016).

f.For tinctures, oils, and capsules, the size of one or more dosages, expressed in milliliters, number of drops, or number of capsules, along with the amount of advertised cannabinoids and the maximum total tetrahydrocannabinol, in milligrams, that may be in each dosage identified.

g.For topical cannabinoid hemp products, the amount of advertised cannabinoids and the maximum total tetrahydrocannabinol expressed in milligrams that may be contained in the product.

h.For hemp flower products, the concentration of advertised cannabinoids and total tetrahydrocannabinol expressed as a concentration on a dry weight basis.

i.The expiration date.

j.Consumer warnings that state:

(1)"This product is not approved by the Food and Drug Administration to treat, cure, or prevent any disease."

(2)"Keep out of reach of children."

(3)"Consult your doctor before use."

(4)For a product containing any detectable level of tetrahydrocannabinol: "This product may contain THC and users of this product may test positive for cannabinoids in a drug test. May cause drowsiness. Do not drive or operate heavy machinery after use."

(5)"This product is not for minors."

2.Product labels may not make any health claims.

History

• Law Implemented: NDCC 4.1-18.1-01.1, 4.1-18.1-04.4, 4.1-18.1-07.1

N.D. Admin. Code 7-20-01-03 Packaging - General requirements

All usable cannabinoid hemp products intended for distribution in containers that are:

1.Plain;

2.Unique to the hemp product so as not to be easily mistaken for popular nonintoxicating products;

3.Tamper-evident;

4.Child-resistant;

5.Suitable to contain products for human consumption;

6.Not attractive to children; and

7.Compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. 1471 et seq., without regard to provided exemptions.

History

• Law Implemented: NDCC 4.1-18.1-01.1, 4.1-18.1-07.1

N.D. Admin. Code 7-20-01-04 Distribution and retail sale of cannabinoid hemp

Cannabinoid hemp products may be distributed and sold in the state if the product meets the requirements of this chapter and section.

1.The COA must be physically available in the retail location or available by a QR code on the product label.

2.The hemp extract must be the product of a batch tested by an independent testing laboratory, which does not contain contaminants unsafe for human consumption.

3.Retail locations and retailers may not:

a.Market, entice, or encourage minors to purchase or use any hemp products;

b.Make health claims when advertising for any hemp products; or

c.Advertise with false, misleading, or deceptive statements about the hemp products.

History

• Law Implemented: NDCC 4.1-18.1-01.1, 4.1-18.1-04.4, 4.1-18.1-07.1

Chapter 7-01

N.D. Admin. Code 7-01

ARTICLE 7-01

GENERAL ADMINISTRATION [Repealed effective July 1, 2019]

Chapter 7-02

N.D. Admin. Code 7-02

ARTICLE 7-02

APIARY DIVISION [Repealed effective July 1, 2019]

Chapter 7-03

N.D. Admin. Code 7-03

ARTICLE 7-03

DAIRY DIVISION [Repealed effective August 1, 1986]

Chapter 7-03.1

N.D. Admin. Code 7-03.1

ARTICLE 7-03.1

DAIRY DIVISION [Repealed effective October 1, 2009]

Chapter 7-05

N.D. Admin. Code 7-05

ARTICLE 7-05

LIVESTOCK DIVISION [No Rules Promulgated]

Chapter 7-06

N.D. Admin. Code 7-06

ARTICLE 7-06

NOXIOUS WEEDS [Repealed effective July 1, 2020]

Chapter 7-07

N.D. Admin. Code 7-07

ARTICLE 7-07

POULTRY DIVISION [Repealed effective April 1, 2026]

Chapter 7-14

N.D. Admin. Code 7-14

ARTICLE 7-14

INDUSTRIAL HEMP [Repealed effective January 1, 2022]